| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
16-012458 CA 12
|
Parties
| Name |
SPIRIT AIRLINES, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Juan Ricardo Serrano, Eric Donald Griffin
|
|
| Name |
ROLLS-ROYCE CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
CLAYTON THORNTON, Warren Chin, RALPH V. PAGANO, Thomas E. Scott, Scott A. Cole, J. THOMPSON THORNTON, DANIEL A. WEISS
|
|
| Name |
PRATT & WHITNEY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ROLLS-ROYCE NORTH AMERICA INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
UNITED TECHNOLOGIES CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
IAE INTERNATIONAL AERO ENGINES AG INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ROLLS-ROYCE, PLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Michael L. Gates
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-09-28
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-09-07
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2018-09-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that the appellant's August 17, 2018 motion for rehearing is denied.
|
|
| Docket Date |
2018-08-17
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
SPIRIT AIRLINES, INC.
|
|
| Docket Date |
2018-08-02
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2018-05-29
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
SPIRIT AIRLINES, INC.
|
|
| Docket Date |
2018-05-10
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ 15 DAYS TO 5/29/18.
|
| On Behalf Of |
SPIRIT AIRLINES, INC.
|
|
| Docket Date |
2018-04-23
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
ROLLS-ROYCE CORPORATION
|
|
| Docket Date |
2018-03-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 32 DAYS TO 4/23/18.
|
| On Behalf Of |
ROLLS-ROYCE CORPORATION
|
|
| Docket Date |
2018-02-15
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ (44 PAGES)
|
|
| Docket Date |
2018-02-01
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellees' January 30, 2018 motion to supplement the record is granted. The appellees shall provide to the Clerk of the lower tribunal, within five (5) days of the date of this order, the transcript of the hearing on appellees' motion to dismiss for improper venue dated August 30, 2017. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from the date of this order. Appellee shall monitor the supplementation process.
|
|
| Docket Date |
2018-01-30
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 45 DAYS TO 3/22/18.
|
| On Behalf Of |
ROLLS-ROYCE CORPORATION
|
|
| Docket Date |
2018-01-30
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
ROLLS-ROYCE CORPORATION
|
|
| Docket Date |
2018-01-16
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
SPIRIT AIRLINES, INC.
|
|
| Docket Date |
2017-12-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's December 18, 2017 motion for extension of time is granted, and appellant shall serve the initial brief January 16, 2018. 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.
|
|
| Docket Date |
2017-12-19
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (942 PAGES)
|
|
| Docket Date |
2017-12-18
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
SPIRIT AIRLINES, INC.
|
|
| Docket Date |
2017-12-01
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
ROLLS-ROYCE CORPORATION
|
|
| Docket Date |
2017-11-29
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Upon consideration of appellant's November 8, 2017 jurisdictional statement, it is ORDERED that this court lacks jurisdiction to review the merits of the October 10 order denying the motion for leave to amend the complaint. The motion was filed after the order of dismissal -- which was a final order -- was entered, so the trial court lacked jurisdiction to rule on it. See Bank of New York Mellon v. Peterson, 208 So. 3d 1218, 1221 (Fla. 2d DCA 2017) (“[O]nce a trial court has entered a final judgment, its jurisdiction to revisit that final judgment is limited. 'Except as provided by Rules 1.530 and 1.540, Florida Rules of Civil Procedure, the trial court has no authority to alter, modify or vacate an order or judgment.'”) (quoting Shelby Mut. Ins. Co. of Shelby, Ohio v. Pearson, 236 So. 2d 1, 3 (Fla. 1970)); Sec. Nat. Mortg. Co. v. Reid, 185 So. 3d 1265 (Fla. 4th DCA 2016) (appellate court lacked jurisdiction to review merits of order which trial court lacked jurisdiction to enter); Bank of New York Mellon for Certificateholders of CWABS, Inc. v. Swain, 217 So. 3d 226, 227 (Fla. 5th DCA 2017) (“An order dismissing an action without prejudice and without granting leave to amend is a final appealable order.”) (quoting Valcarcel v. Chase Bank USA NA, 54 So. 3d 989, 990 (Fla. 4th DCA 2010)). Accordingly, the appeal shall proceed only as to the merits of the September 19 order of dismissal.
|
|
| Docket Date |
2017-11-20
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
ROLLS-ROYCE CORPORATION
|
|
| Docket Date |
2017-11-20
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
ROLLS-ROYCE CORPORATION
|
|
| Docket Date |
2017-11-09
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
ROLLS-ROYCE CORPORATION
|
|
| Docket Date |
2017-11-08
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
SPIRIT AIRLINES, INC.
|
|
| Docket Date |
2017-11-02
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that within ten (10) days from the date of this order appellant shall file in this court a brief statement explaining the basis for this court’s subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how this court has jurisdiction to review the merits of the order denying the motion for leave to amend the complaint, as the motion for leave to amend appears to have been filed after the order dismissing the complaint, and the trail court thus lacked jurisdiction beyond that provided in Florida Rules of Civil Procedure 1.530 and 1.540. See generally Sec. Nat. Mortg. Co. v. Reid, 185 So. 3d 1265 (Fla. 4th DCA 2016) (appellate court lacked jurisdiction to review merits of order which trial court lacked jurisdiction to enter). Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2017-10-25
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2017-10-25
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| 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.
|
|
| Docket Date |
2017-10-24
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2017-10-24
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
SPIRIT AIRLINES, INC.
|
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 16-012458
|
Parties
| Name |
SPIRIT AIRLINES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Eric Donald Griffin, PETE ALLAN LEWIS, Thomas E. Scott, Juan Ricardo Serrano
|
|
| Name |
IAE INTERNATIONAL AERO ENGINES AG INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PRATT & WHITNEY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ROLLS-ROYCE NORTH AMERICA INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ROLLS-ROYCE CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
UNITED TECHNOLOGIES CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Michael L. Gates
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
ROLLS-ROYCE, PLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
DANIEL A. WEISS, CLAYTON THORNTON, Stephanie G. Kolman, J. THOMPSON THORNTON, J. THOMPSON THORNTON (DNU)
|
|
Docket Entries
| Docket Date |
2018-03-16
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-03-16
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2018-02-28
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion ~ ON MOTION FOR REHEARING AND REHEARING EN BANC AND REQUEST FOR WRITTEN OPINION
|
|
| Docket Date |
2018-01-25
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
ROLLS-ROYCE, PLC
|
|
| Docket Date |
2017-10-27
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
ROLLS-ROYCE, PLC
|
|
| Docket Date |
2017-10-17
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc
|
| On Behalf Of |
ROLLS-ROYCE, PLC
|
|
| Docket Date |
2017-10-05
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Order Denying Oral Argument ~ ORDERED that the appellant's May 8, 2017 request for oral argument is denied.
|
|
| Docket Date |
2017-10-05
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed ~ **WITHDRAWN**
|
|
| Docket Date |
2017-07-05
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
ROLLS-ROYCE, PLC
|
|
| Docket Date |
2017-06-05
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
SPIRIT AIRLINES, INC.
|
|
| Docket Date |
2017-06-01
|
| Type |
Motions Other
|
| Subtype |
Motion to Determine Confidentiality
|
| Description |
Motion To Determine Confidentiality of Court Records
|
| On Behalf Of |
ROLLS-ROYCE, PLC
|
|
| Docket Date |
2017-05-31
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's May 26, 2017 motion for extension of time is granted, and appellee shall serve the answer brief on or before June 5, 2017. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2017-05-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
SPIRIT AIRLINES, INC.
|
|
| Docket Date |
2017-05-08
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ FOR LEAVE TO FILE CONFIDENTIAL AND PROPRIETARY AIRCRAFT SERVICE AGREEMENT UNDER SEAL
|
| On Behalf Of |
ROLLS-ROYCE, PLC
|
|
| Docket Date |
2017-05-08
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ TO INITIAL BRIEF
|
| On Behalf Of |
ROLLS-ROYCE, PLC
|
|
| Docket Date |
2017-05-08
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
ROLLS-ROYCE, PLC
|
|
| Docket Date |
2017-05-08
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
ROLLS-ROYCE, PLC
|
|
| Docket Date |
2017-05-08
|
| Type |
Notice
|
| Subtype |
Notice of Confidential Information within Court Filing
|
| Description |
Notice of Confidential Information Within Court Filing
|
| On Behalf Of |
ROLLS-ROYCE, PLC
|
|
| Docket Date |
2017-04-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's April 26, 2017 unopposed motion for extension of time is granted, and appellant shall serve the initial brief and appendix on or before May 8, 2017. In addition, if the initial brief and appendix are 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.
|
|
| Docket Date |
2017-04-27
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ AND NOTICE OF COMPLIANCE WITH RULE 2.516 AND DESIGNATION OF EMAIL ADDRESS
|
| On Behalf Of |
ROLLS-ROYCE, PLC
|
|
| Docket Date |
2017-04-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2017-04-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
ROLLS-ROYCE, PLC
|
|
| Docket Date |
2017-04-26
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ AND NOTICE OF COMPLIANCE WITH RULE 2.516 AND DESIGNATION OF EMAIL ADDRESS
|
| On Behalf Of |
ROLLS-ROYCE, PLC
|
|
| Docket Date |
2017-04-24
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
ROLLS-ROYCE, PLC
|
|
| Docket Date |
2017-04-24
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2017-06-12
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ (SPIRIT AIRLINES, INC.)
|
| On Behalf Of |
SPIRIT AIRLINES, INC.
|
|
| Docket Date |
2017-06-06
|
| Type |
Order
|
| Subtype |
Order on Motion to Determine Confidentiality
|
| Description |
ORD-Grant Confidentiality ~ ORDERED that appellant Rolls-Royce PLC's June 1, 2017 Motion to Determine Confidentiality of Court Records is granted. The information required by Florida Rule of Judicial Administration 2.420(e)(3) follows:(A) Appellant seeks review, of a non-final order denying its motion to dismiss for lack of personal jurisdiction. At issue is whether sufficient facts exist to support the trial court's exercise of specific personal jurisdiction over Appellant under Florida's “long arm” statute, section 48.193 (2015);(B) The particular grounds for confidentiality is contained in Rule 2.420(c)(9), Fla. R. Jud. Admin., which provides for confidentiality of court records made confidential in case decision or court rule. Trade secret information is confidential pursuant to state and federal case law, as well as under Florida's Uniform Trade Secrets Act, Chapter 688, and includes confidential commercial contract terms, proprietary service protocols and processes, and non-public business information, including pricing information and pricing methodology;(C) The parties' names are not confidential;(D)The progress docket is not confidential;(E) The particular information that is determined to be confidential is the Common Maintenance Center Agreement, dated July 21, 2005, and the Common Maintenance Center Agreement, dated March 13, 2013, located respectively at pages 3-48 and 49-154 of Appellant's Sealed Appendix submitted under Notice of Confidentiality to this Court on May 8, 2017;(F) The parties, their attorneys, and court personnel may view the confidential information;(G) This court finds that (i) the degree, duration, and manner of confidentiality ordered by the court are no broader than necessary to protect the interests set forth in subdivision (c); and (ii) no less restrictive measures are available to protect the interests set forth in subdivision (c); and(H) The Clerk of the Court is directed to publish the order in accordance with subdivision (e)(a) by posting a copy of this order, within ten (10) days following its entry on the Clerk's website and in a prominent public location in the courthouse, to remain posted in both locations for no less than thirty (30) days.
|
|
| Docket Date |
2017-05-17
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion ~ ORDERED that appellant’s May 8, 2017 “unopposed motion for leave to file confidential and proprietary Aircraft Service Agreement under seal” is denied without prejudice to file as a “motion to determine confidentiality of court records” with a proposed order granting the motion. See Fla. R. Jud. Admin. 2.420(e)(3), (g)(3); see also Barron v. Florida Freedom Newspapers, Inc., 531 So. 2d 113, 118 (Fla. 1988); BDO Seidman, LLP v. Banco Espirito Santo Intern., Ltd., 34 Fla. L. Weekly D739 (Fla. 3d DCA Apr. 8, 2009). A form order is attached for reference. Failure to timely comply with this order may result in denial of the motion to determine confidentiality and the striking of any documents that were submitted for filing under seal. Served:cc: Thomas E. ScottJ. Thompson ThorntonClayton ThorntonDaniel A. WeissJuan R. SerranoStephanie G. KolmanPete Allan LewiskbPROPOSED ORDER GRANTING MOTION TO DETERMINE CONFIDENTIALITY OF COURT RECORDS [Rule 2.420(g)] ORDERED that the [Date] Motion to Determine Confidentiality of Court Records is granted. The information required by Florida Rule of Judicial Administration 2.420(e)(3) follows: (A) [Type of case]; (B) [Particular grounds under subdivision (c) for confidentiality]; (C) [Whether party name is confidential; if so, pseudonym]; (D) [Whether progress docket is confidential]; (E) [Particular information that is determined to be confidential]; (F) [Identification of persons who are permitted to view]; (G) This Court finds that (i) the degree, duration, and manner of confidentiality ordered by the court are no broader than necessary to protect the interests set forth in subdivision (c); and (ii) no less restrictive measures are available to protect the interests set forth in subdivision (c); and (H) The Clerk of the Court is directed to publish the order in accordance with subdivision (e)(4) by posting a copy of this order, within ten (10) days following its entry, on the Clerk's website and in a prominent public location in the courthouse, to remain posted in both locations for no less than thirty (30) days.
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