Docket Date |
2024-10-14
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Type |
Order
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Subtype |
Order
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Description |
Within thirty days after the date of this order, appellant and appellee D.R. Horton, Inc. shall each file a supplemental brief addressing whether the allocation of burdens of proof under section 95.11(3)(c), Florida Statutes (1983), as explained in Richardson v. Wilson, 490 So. 2d 1039 (Fla. 1st DCA 1986), applies in this case with respect to section 95.11(3)(c), Florida Statutes (2020), or whether a different allocation of burdens of proof applies or should apply. The parties shall also address in their supplemental briefs whether appellant, to avoid appellee D.R. Horton, Inc.'s statute of limitations defense in its motion for summary judgment in the trial court, was required to make and support a factual assertion in opposition to the motion, under Florida Rule of Civil Procedure 1.510(c)(1)(A), of the date on which appellant discovered or should have discovered with the exercise of due diligence the latent defect in the construction of the improvement on which appellant's action is founded. Each supplemental brief must not exceed 4,000 words.
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View File
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Docket Date |
2024-07-22
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Type |
Motions Relating to Oral Argument
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Subtype |
Motion/Request for Oral Argument
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Description |
APPELLANT'S REQUEST FOR ORAL ARGUMENT
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On Behalf Of |
BEACON PARK PHASE I HOMEOWNERS ASSOCIATION, INC.
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Docket Date |
2024-07-22
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Type |
Brief
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Subtype |
Reply Brief
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Description |
Reply Brief
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On Behalf Of |
BEACON PARK PHASE I HOMEOWNERS ASSOCIATION, INC.
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View |
View File
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Docket Date |
2024-07-18
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Type |
Order
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Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
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Description |
**SEE AMENDED ORDER**Appellant's motion for extension of time to serve reply brief is granted. The reply brief shall be served within fifteen days from the date of this order. No further extensions will be granted absent extenuating circumstances.
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View File
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Docket Date |
2024-07-10
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time to Serve Reply Brief
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Description |
Motion for Extension of Time to Serve Reply Brief
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On Behalf Of |
BEACON PARK PHASE I HOMEOWNERS ASSOCIATION, INC.
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Docket Date |
2024-06-18
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Type |
Order
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Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
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Description |
**SEE CORRECTED ORDER**Appellant's motion for extension of time to serve reply brief is granted. The reply shall be served within twenty-one days from the date of this order.
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View File
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Docket Date |
2024-06-07
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time to Serve Reply Brief
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Description |
MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF
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On Behalf Of |
BEACON PARK PHASE I HOMEOWNERS ASSOCIATION, INC.
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Docket Date |
2024-05-22
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Type |
Order
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Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
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Description |
Appellee, D.R. Horton, Inc.'s motion for extension of time to serve its answer brief is granted to the extent that the answer brief is accepted as filed.
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View File
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Docket Date |
2024-05-09
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Type |
Brief
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Subtype |
Answer Brief
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Description |
Answer Brief
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On Behalf Of |
D. R. HORTON, INC.
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View |
View File
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Docket Date |
2024-05-02
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time to Serve Answer Brief
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Description |
Motion for Extension of Time to Serve Answer Brief
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On Behalf Of |
D. R. HORTON, INC.
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Docket Date |
2024-04-29
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Type |
Order
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Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
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Description |
Appellee, D.R. Horton, Inc.'s motion for extension of time to serve its answer brief is granted. The answer brief shall be served on or before May 1, 2024.
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View File
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Docket Date |
2024-04-23
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time to Serve Answer Brief
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Description |
Motion for Extension of Time to Serve Answer Brief
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Docket Date |
2024-04-03
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time to Serve Answer Brief
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Description |
Mot. for Extension of time to file Answer Brief ~ APPELLEE'S UNNOPPOSED MOTION FOR EXTENSION OF TIME
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Docket Date |
2024-03-01
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Type |
Notice
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Subtype |
Notice of Appearance
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Description |
Notice of Appearance
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Docket Date |
2024-02-02
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Type |
Brief
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Subtype |
Amended Initial Brief
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Description |
Amended Appellant Initial Brief
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On Behalf Of |
BEACON PARK PHASE I HOMEOWNERS ASSOCIATION, INC.
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Docket Date |
2024-01-16
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Type |
Brief
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Subtype |
Initial Brief
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Description |
Initial Appellant Brief on Merits
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On Behalf Of |
BEACON PARK PHASE I HOMEOWNERS ASSOCIATION, INC.
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Docket Date |
2024-01-11
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Type |
Order
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Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant’s motion for extension of time to serve initial brief is granted. The initial brief shall be served on or before January 17, 2024. No further extensions will be granted absent extenuating circumstances.
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Docket Date |
2024-01-03
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time to Serve Initial Brief
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Description |
Mot. for Extension of time to file Initial Brief ~ MOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF
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On Behalf Of |
BEACON PARK PHASE I HOMEOWNERS ASSOCIATION, INC.
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Docket Date |
2023-12-04
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Type |
Order
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Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant’s motion for extension of time to serve initial brief is granted. The initial brief shall be served within thirty days from the date of this order.
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Docket Date |
2023-11-14
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time to Serve Initial Brief
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Description |
Mot. for Extension of time to file Initial Brief ~ APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF
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On Behalf Of |
BEACON PARK PHASE I HOMEOWNERS ASSOCIATION, INC.
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Docket Date |
2023-10-13
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Type |
Order
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Subtype |
Abeyance Order
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Description |
Abeyance Concluded ~ Because the lower tribunal has disposed of the motion(s) that suspend rendition as set forth in Florida Rule of Appellate Procedure 9.020(h), this appeal is no longer held in abeyance and shall proceed.
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Docket Date |
2023-09-15
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time to Serve Initial Brief
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Description |
Mot. for Extension of time to file Initial Brief ~ APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE INITIALBRIEF
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On Behalf Of |
BEACON PARK PHASE I HOMEOWNERS ASSOCIATION, INC.
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Docket Date |
2023-09-06
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Type |
Notice
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Subtype |
Notice of Appearance
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Description |
Notice of Appearance
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On Behalf Of |
BEACON PARK PHASE I HOMEOWNERS ASSOCIATION, INC.
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Docket Date |
2023-07-14
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Type |
Record
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Subtype |
Record on Appeal
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Description |
Received Records ~ CRANER - 6028 PAGES **STORED IN LARGE RECORDS**
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On Behalf Of |
TIFFANY RUSSELL, CLERK
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Docket Date |
2023-06-28
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Type |
Misc. Events
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Subtype |
Status Report
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Description |
Status Report ~ NOTICE OF INABILITY TO PRODUCE THE RECORD ON APPEAL
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On Behalf Of |
TIFFANY RUSSELL, CLERK
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Docket Date |
2023-06-09
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Type |
Notice
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Subtype |
Notice of Appearance
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Description |
Notice of Appearance ~ NOTICE OF APPEARANCE AND DESIGNATION OF EMAIL ADDRESS
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Docket Date |
2023-05-26
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Type |
Order
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Subtype |
Order on Filing Fee
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Description |
fee - civil; atty
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Docket Date |
2023-05-26
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Type |
Letter
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Subtype |
Acknowledgment Letter
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Description |
Acknowledgment Letter 1
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Docket Date |
2023-05-26
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Type |
Notice
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Subtype |
Notice
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Description |
Notice ~ APPELLANT'S NOTICE OF RENDITION OF FINAL ORDER TO BE APPEALED
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On Behalf Of |
BEACON PARK PHASE I HOMEOWNERS ASSOCIATION, INC.
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Docket Date |
2023-05-26
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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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On Behalf Of |
BEACON PARK PHASE I HOMEOWNERS ASSOCIATION, INC.
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Docket Date |
2023-05-12
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Type |
Notice
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Subtype |
Notice of Appeal
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Description |
Notice of Appeal Filed ~ WITH ORDER
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On Behalf Of |
BEACON PARK PHASE I HOMEOWNERS ASSOCIATION, INC.
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Docket Date |
2023-05-12
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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 |
2024-11-14
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Type |
Brief
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Subtype |
Supplemental Initial Brief
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Description |
Supplemental Initial Brief
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On Behalf Of |
BEACON PARK PHASE I HOMEOWNERS ASSOCIATION, INC.
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View |
View File
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Docket Date |
2025-01-13
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Type |
Mandate
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Subtype |
Mandate
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Description |
Mandate
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View |
View File
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Docket Date |
2024-12-23
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Type |
Disposition by Opinion
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Subtype |
Affirmed
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Description |
Affirmed - PCA
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View |
View File
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Docket Date |
2025-01-13
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Type |
Misc. Events
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Subtype |
West Publishing
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Description |
West Publishing
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Docket Date |
2024-10-15
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Type |
Notice
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Subtype |
Notice of Oral Argument
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Description |
The Court has set the above cause for oral argument on December 17, 2024, at 10:00 a.m., at the Orange County Courthouse, 425 North Orange Ave., Courtroom 4D, Orlando, FL, 32801 .
Oral Arguments are currently scheduled before Judges Keith F. White and Roger K. Gannam, and Associate Judge Brian D. Lambert, although the panel composition and the time for the argument are subject to change without notice. The Oral Argument Schedule may be viewed on this Court's website, https://6dca.flcourts.gov. Whenever changes are made, the Oral Argument Schedule is amended to reflect the change. Therefore, you are advised to check the court's website for the most current information.
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View |
View File
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Docket Date |
2024-04-18
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time to Serve Answer Brief
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Description |
APPELLEE'S UNNOPPOSED MOTION FOR EXTENSION OF TIME
TO SERVE AND FILE THE ANSWER BRIEF
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Docket Date |
2024-04-09
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Type |
Order
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Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
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Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee, D.R. Horton, Inc.'s motion for extension of time to serve its answer brief is granted. The answer brief shall be served on or before April 17, 2024.
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Docket Date |
2024-02-01
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Type |
Order
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Subtype |
Amended/Additional Filing(s) Needed
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Description |
Amended Brief Required ~ The initial brief does not comply with the additional briefingrequirements of this court as set forth in the Sixth District Court of AppealAdministrative Order 23-01. Specifically:1) The initial brief does not contain a statement as to each issuepresented, where in the record on appeal the issue was raised and ruled on;and2) The initial brief does not contain a statement of the basis forjurisdiction in this Court, including the basis for claiming that the judgment ororder appealed from is final.AO 23-01 can be accessed at https://6dca.flcourts.gov/Clerk-s-Office/Administrative-Orders. Appellant shall file a corrected brief within tendays from the date of this order.
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