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WELLS FARGO EQUIPMENT FINANCE VS BACJET, LLC, ET AL.
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4D2016-2594
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2016-07-29
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Closed
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| Classification |
NOA Final - Circuit Civil - Foreclosure
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2012CA020828XXXXMB
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Parties
| Name |
WELLS FARGO EQUIPMENT FINANCE, INC.
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| Role |
Appellant
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| Status |
Active
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| Representations |
Joseph Hagedorn Lang, Jr., DONALD R. KIRK, Michael David Sloan, Alexandra D. Blye
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|
| Name |
CARBALLO AVIATION LLC
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| Role |
Appellee
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| Status |
Active
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| Name |
BERNARD A. CARBALLO LIVING TRUST
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| Role |
Appellee
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| Status |
Active
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|
| Name |
CARBALLO VENTURES LTD.
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| Role |
Appellee
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| Status |
Active
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|
| Name |
ACP JET CHARTERS, INC
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| Role |
Appellee
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| Status |
Active
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|
| Name |
PRIME BANK OF OKLAHOMA
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| Role |
Appellee
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| Status |
Active
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| Name |
CARBALLO FAMILY LTD.
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| Role |
Appellee
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| Status |
Active
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| Name |
BERNARD A. CARBALLO
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| Role |
Appellee
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| Status |
Active
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|
| Name |
BACJET, LLC
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| Role |
Appellee
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| Status |
Active
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| Representations |
KEVIN BLANEY, Joseph Hagedorn Lang, Jr., Mark Andrew Levy, JOSEPH D. PERKINS, PHILIP A. ALLEN, I I I, DONALD R. KIRK, Brent V. Trapana, RICHARD S. WEINSTEIN
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|
| Name |
Hon. Donald W. Hafele
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| Role |
Judge/Judicial Officer
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| Status |
Active
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| Name |
Clerk - Palm Beach
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2016-10-31
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| Type |
Brief
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| Subtype |
Answer Brief
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| Description |
Appellee's Answer Brief
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| On Behalf Of |
BACJET, LLC
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| Docket Date |
2016-10-04
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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 |
Request for Oral Argument
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| On Behalf Of |
WELLS FARGO EQUIPMENT FINANCE
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| Docket Date |
2016-10-04
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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 |
WELLS FARGO EQUIPMENT FINANCE
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| Docket Date |
2016-10-04
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Brief on Merits
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| On Behalf Of |
WELLS FARGO EQUIPMENT FINANCE
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| Docket Date |
2016-09-08
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Received Records ~ 2035 PAGES
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| Docket Date |
2016-08-15
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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 |
WELLS FARGO EQUIPMENT FINANCE
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| Docket Date |
2017-08-11
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| Type |
Mandate
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| Subtype |
Mandate
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| Description |
Mandate
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| Docket Date |
2017-07-25
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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 |
2017-07-25
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| Type |
Order
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| Subtype |
Order on Motion for Rehearing
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| Description |
ORD-Denying Rehearing ~ ORDERED that the appellee Prime Bank of Oklahoma's July 5, 2017 motion for rehearing is denied.
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| Docket Date |
2017-07-17
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| Type |
Response
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| Subtype |
Response
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| Description |
Response ~ TO MOTION FOR REHEARING.
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| On Behalf Of |
WELLS FARGO EQUIPMENT FINANCE
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| Docket Date |
2017-07-05
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| Type |
Post-Disposition Motions
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| Subtype |
Motion for Rehearing
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| Description |
Motion For Rehearing
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| On Behalf Of |
BACJET, LLC
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| Docket Date |
2017-06-21
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| Type |
Disposition by Opinion
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| Subtype |
Reversed
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| Description |
Reversed - Authored Opinion
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| Docket Date |
2017-05-09
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| Type |
Misc. Events
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| Subtype |
Oral Argument Date Set
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| Description |
Oral Argument Date Set ~ 4DCA
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| Docket Date |
2017-03-08
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| Type |
Order
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| Subtype |
Order on Motion/Request for Oral Argument
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| Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on May 9, 2017, at 11:00 A.M. for 15 minutes per side. The court calendars can be viewed on this court's website at HYPERLINK "http://www.4dca.org" www.4dca.org. Attorneys not registered with this court’s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order.
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| Docket Date |
2017-03-07
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| Type |
Notice
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| Subtype |
Notice of Change of Address
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| Description |
Notice of Change of Address
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| On Behalf Of |
BACJET, LLC
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| Docket Date |
2016-11-28
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| Type |
Brief
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| Subtype |
Reply Brief
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| Description |
Appellant's Reply Brief
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| On Behalf Of |
WELLS FARGO EQUIPMENT FINANCE
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| Docket Date |
2016-08-01
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. 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.**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 circuit court clerk's determination of indigent status is filed.
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| Docket Date |
2016-08-01
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| Type |
Notice
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| Subtype |
Amended Notice of Appeal
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| Description |
Amended Notice of Appeal ~ CERT. COPY FILED 7/29/16
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| Docket Date |
2016-08-01
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| Docket Date |
2016-07-29
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
A3:Paid In Full - $300
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| Docket Date |
2016-07-29
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
WELLS FARGO EQUIPMENT FINANCE
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MONTIE SPANO VS WELLS FARGO EQUIPMENT FINANCE, etc., et al.
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4D2014-1686
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2014-05-07
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Closed
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| Classification |
NOA Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE12-29985(13)
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Parties
| Name |
MONTIE SPANO
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| Role |
Appellant
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| Status |
Active
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| Representations |
M. ROSS SHULMISTER
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| Name |
LEGACY FISHERMAN, INC.
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| Role |
Appellee
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| Status |
Active
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| Name |
Wells Fargo Bank
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| Role |
Appellee
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| Status |
Active
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| Name |
WELLS FARGO EQUIPMENT FINANCE, INC.
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| Role |
Appellee
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| Status |
Active
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| Representations |
ALLAN M. STEIN
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| Name |
GREATER BAY CAPITAL
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| Role |
Appellee
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| Status |
Active
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| Name |
Hon. William W. Haury, Jr.
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| Role |
Judge/Judicial Officer
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| Status |
Active
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| Name |
Clerk - Broward
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2015-06-19
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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 |
2015-06-19
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| Type |
Mandate
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| Subtype |
Mandate
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| Description |
Mandate
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| Docket Date |
2015-06-03
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| Type |
Disposition by Opinion
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| Subtype |
Reversed
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| Description |
Reversed - Authored Opinion
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| Docket Date |
2014-08-22
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| Type |
Order
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| Subtype |
Order Requiring Corporation/Entity to Obtain Counsel
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| Description |
ORD-Corporation must be Represented by Atty-w/d ~ The motion of Allan M. Stein, Esq., for leave to withdraw as counsel for appellee, Wells Fargo Equipment Finance is hereby granted. A corporation may not appear unrepresented by counsel in a Florida court. See Telepower Communication, Inc. v. LTI Vehicle Leasing Corp., 658 So. 2d 1026 (Fla. 4th DCA 1995); Szteinbaum v. Kaes Inversiones y Valores, C.A., 476 So. 2d 247 (Fla. 3d DCA 1985). Accordingly, it is ORDERED that appellee, Wells Fargo Equipment Finance shall be barred from any participation in this case unless within 20 days of the date of this order an attorney licensed to practice law enters an appearance on its behalf;FURTHER ORDERED that this case is stayed pending the above.
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| Docket Date |
2014-08-14
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| Type |
Motions Relating to Parties and Counsel
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| Subtype |
Motion To Withdraw as Counsel
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| Description |
Motion To Withdraw as Counsel
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| On Behalf Of |
WELLS FARGO EQUIPMENT FINANCE
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| Docket Date |
2014-08-08
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Brief on Merits
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| On Behalf Of |
MONTIE SPANO
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| Docket Date |
2014-07-18
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Received Records ~ ONE (1) VOLUME
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| Docket Date |
2014-07-09
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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 ~ ORDERED that appellant's motion filed July 2, 2014, for extension of time is granted, and appellant shall serve the initial brief within thirty (30) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
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| Docket Date |
2014-07-02
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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
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| On Behalf Of |
MONTIE SPANO
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| Docket Date |
2014-05-30
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| Type |
Misc. Events
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| Subtype |
Determination of Indigency/LT Order Insolvency
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| Description |
Determination of Indigent Status ~ CL Clerk Broward CC01
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| Docket Date |
2014-05-20
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this Court within ten (10) days from the date of the entry of this order. 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. 4DCA 1997). Failure of the attorney to pay will result in referral to the Florida Department of Banking and Finance for collection.**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 circuit court clerk's determination of indigent status is filed.
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| Docket Date |
2014-05-14
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| Type |
Order
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| Subtype |
Order to Register/Update eDCA
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| Description |
Counsel to register with eDCA ~ Be advised that M. Ross Shulmister and Allan M. Stein have failed to comply with this Court¿s Administrative Order No. 2013-01, requiring counsel of record to register with the Fourth District Court of Appeal¿s electronic filing system to receive electronic copies of court communications, including but not limited to orders.You are further advised that to receive all communications from this Court in electronic form you must register at www.4dca.org or https://edca.4dca.org.Unless you obtain a hardship waiver of the registration requirement the Clerk of the Court shall cease mailing paper copies of all communications from the Court to you after ten (10) days from the date of this order.Paper copies can be obtained by completing a Copy Request Form located at www.4dca.org.AMERICANS WITH DISABILITIES ACT: If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, the provision of certain assistance. Please contact the Marshal, Daniel DiGiacomo, 4th District Court of Appeal, 1525 Palm Beach Lakes Blvd., West Palm Beach, Florida 33401, telephone (561)242-2000; 1-800-955-8771(TDD): or 1-800-955-8770(V) via Florida Relay Service, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
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| Docket Date |
2014-05-12
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| Docket Date |
2014-05-07
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
MONTIE SPANO
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| Docket Date |
2014-05-07
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
WV:Waived
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