Synovus Bank, etc., Appellant(s), v. Water Place Group, LLC, etc., et al., Appellee(s).
|
3D2023-1033
|
2023-06-09
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
3rd District Court of Appeal
|
Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
10-54597
|
Parties
Name |
ILYA PALINSKY
|
Role |
Appellee
|
Status |
Active
|
|
Name |
SYNOVUS BANK
|
Role |
Appellant
|
Status |
Active
|
Representations |
RHYS P. LEONARD, LARA ROESKE FERNANDEZ, Paul D Friedman, Rebecca Frances Holljes
|
|
Name |
WATER PLACE GROUP, LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Ryan Matthew Clancy, Michel Ociacovski Weisz
|
|
Name |
ANDRES PEREZ
|
Role |
Appellee
|
Status |
Active
|
|
Name |
HECTOR HERNANDEZ INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
YELLOW FUNDING CORP.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Glen H. Waldman, Eleanor Trotman Barnett, Marlon Jay Weiss
|
|
Name |
ELENA PALINSKY
|
Role |
Appellee
|
Status |
Active
|
|
Name |
ALAIN PALINSKY
|
Role |
Appellee
|
Status |
Active
|
|
Name |
CHLOE PALINSKY
|
Role |
Appellee
|
Status |
Active
|
|
Name |
FPAL, CORP.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
GPAL, CORP.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
HPAL, CORP.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
IPAL, CORP.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
NPAL, LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
RPAL, LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
TPAL, LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Lisa S. Walsh
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
HON. ALAN FINE
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Miami-Dade Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
Shimon Wolkowicki
|
Role |
Appellee
|
Status |
Active
|
Representations |
Glen H. Waldman, Eleanor Trotman Barnett, Marlon Jay Weiss
|
|
Name |
CENALL FUNDING, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Docket Entries
Docket Date |
2024-05-31
|
Type |
Mandate
|
Subtype |
Disp. w/o Mandate
|
Description |
Disp. w/o Mandate
|
|
Docket Date |
2024-05-31
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2024-05-31
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
IT IS HEREBY ORDERED that the parties' Joint Stipulation for Dismissal is recognized by the Court, and this appeal from the Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County, Florida, is hereby dismissed.
|
View |
View File
|
|
Docket Date |
2024-05-24
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Joint Stipulation for Dismissal
|
On Behalf Of |
Synovus Bank
|
View |
View File
|
|
Docket Date |
2024-04-26
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Motion for Extension of Time to Serve Answer Brief-30 days to 06/07/2024(GRANTED)
|
On Behalf Of |
Shimon Wolkowicki
|
View |
View File
|
|
Docket Date |
2024-04-05
|
Type |
Brief
|
Subtype |
Amended Initial Brief
|
Description |
Corrected Initial Brief
|
On Behalf Of |
Synovus Bank
|
View |
View File
|
|
Docket Date |
2024-03-20
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Record
|
On Behalf Of |
Miami-Dade Clerk
|
|
Docket Date |
2024-03-19
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
The Joint Motion to Supplement the Record, filed on March 19,
2024, is granted, and the clerk of the trial court is directed to supplement the
record on appeal with the transcripts as stated in said Motion.
|
View |
View File
|
|
Docket Date |
2024-03-19
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
JOINT MOTION TO SUPPLEMENT THE RECORD ON APPEAL PURSUANT TO FLA. R. APP. P. 9.200(f)
|
On Behalf Of |
Synovus Bank
|
View |
View File
|
|
Docket Date |
2024-03-18
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
JOINT MOTION FOR EXTENSION OF TIME TO FILE ANSWER BRIEFS- 60 days to 05/17/2024(Granted)
|
On Behalf Of |
Shimon Wolkowicki
|
View |
View File
|
|
Docket Date |
2024-03-08
|
Type |
Record
|
Subtype |
Transcript
|
Description |
Transcript VOLUMES I - VII
|
On Behalf Of |
Miami-Dade Clerk
|
|
Docket Date |
2024-02-08
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Motion for Extension of Time to Serve Answer Brief- 30 days to 03/16/2024 (GRANTED)
|
On Behalf Of |
Shimon Wolkowicki
|
View |
View File
|
|
Docket Date |
2024-02-07
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing Designation of Court Reporter
|
On Behalf Of |
Synovus Bank
|
View |
View File
|
|
Docket Date |
2023-11-15
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Record
|
On Behalf Of |
Miami-Dade Clerk
|
|
Docket Date |
2023-11-08
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Amend/Correct Record
|
Description |
Appellant's Agreed Motion to Correct Record and Supplement the Record on Appeal Pursuant to FLA.R.APP.P 9.200(f)
|
On Behalf Of |
Synovus Bank
|
View |
View File
|
|
Docket Date |
2023-10-06
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Order on Agreed Extension of Time- IB - 60 days to 12/15/2023.
|
View |
View File
|
|
Docket Date |
2023-10-06
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Appellant's Second Notice of Agreed Extension of Time
|
On Behalf Of |
Synovus Bank
|
View |
View File
|
|
Docket Date |
2023-08-21
|
Type |
Record
|
Subtype |
Transcript
|
Description |
Transcripts
|
On Behalf Of |
Miami-Dade Clerk
|
|
Docket Date |
2023-08-16
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Shimon Wolkowicki
|
View |
View File
|
|
Docket Date |
2023-08-14
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ IB-60 days to 10/16/2023
|
|
Docket Date |
2023-08-14
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time
|
On Behalf Of |
Synovus Bank
|
View |
View File
|
|
Docket Date |
2023-06-19
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ Certificate of Service
|
On Behalf Of |
Synovus Bank
|
View |
View File
|
|
Docket Date |
2023-06-09
|
Type |
Order
|
Subtype |
Certificate of Service
|
Description |
Ap/ant Ordered to File Cert. of Serv. (OR50) ~ All pleadings filed in this Court must be served on each party and contain a certificate of service stating the names and addresses of those served. See Fla. R. App. P. 9.420. Within ten (10) days from the date of this Order, counsel for the appellant is directed to file with this Court a certificate of service indicating the addresses of all the parties in this appeal.
|
View |
View File
|
|
Docket Date |
2023-06-09
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ INCOMPLETE CERTIFICATE OF SERVICE CASES: 23-799, 18-1498, 12-2033, 12-843, 11-2423, 11-72
|
On Behalf Of |
Synovus Bank
|
View |
View File
|
|
Docket Date |
2023-06-09
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2023-06-09
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
View |
View File
|
|
Docket Date |
2024-01-16
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Appellant's Initial Brief
|
On Behalf Of |
Synovus Bank
|
View |
View File
|
|
Docket Date |
2023-12-14
|
Type |
Record
|
Subtype |
Transcript
|
Description |
CORRECTED RECORD ON APPEAL
TRANSCRIPT OF TRIAL
|
On Behalf Of |
Miami-Dade Clerk
|
|
Docket Date |
2023-11-13
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
Appellant's Agreed Motion to Correct and Supplement the
Record on Appeal, filed on November 8, 2023, is granted, and the clerk of
the trial court is directed to supplement the record on appeal with the
documents as stated in said Motion.
Order on Motion to Supplement Record
|
View |
View File
|
|
Docket Date |
2023-11-08
|
Type |
Order
|
Subtype |
Order on Motion to Consolidate
|
Description |
Appellants' Joint Motion to Consolidate and for Extension of Time to file the initial brief is granted, and it is ordered that the above-referenced appeals are hereby consolidated for the purpose of traveling together and for the record. Appellants shall file the initial briefs on or before January 15, 2024.
Order on Motion to Consolidate
|
View |
View File
|
|
|
Shimon Wolkowicki, et al., Appellant(s), v. Synovus Bank, etc., Appellee(s).
|
3D2023-0799
|
2023-05-03
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
3rd District Court of Appeal
|
Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
10-54597
|
Parties
Name |
Shimon Wolkowicki
|
Role |
Appellant
|
Status |
Active
|
Representations |
Eleanor Trotman Barnett, Marlon Jay Weiss, Glen H. Waldman
|
|
Name |
YELLOW FUNDING CORP.
|
Role |
Appellant
|
Status |
Active
|
|
Name |
ANDRES PEREZ
|
Role |
Appellee
|
Status |
Active
|
|
Name |
HECTOR HERNANDEZ INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
ILYA PALINSKY
|
Role |
Appellee
|
Status |
Active
|
|
Name |
CENALL FUNDING, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
ELENA PALINSKY
|
Role |
Appellee
|
Status |
Active
|
|
Name |
MICHELE PALINSKY
|
Role |
Appellee
|
Status |
Active
|
|
Name |
ALAIN PALINSKY
|
Role |
Appellee
|
Status |
Active
|
|
Name |
CHLOE PALINSKY
|
Role |
Appellee
|
Status |
Active
|
|
Name |
FPAL, CORP.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
GPAL, CORP.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
HPAL, CORP.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
IPAL, CORP.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
NPAL, LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
RPAL, LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
TPAL, LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Lisa S. Walsh
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Miami-Dade Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
SYNOVUS BANK
|
Role |
Appellee
|
Status |
Active
|
Representations |
Rebecca Frances Holljes, Paul D. Friedman, Rhys Leonard, Lara Fernandez
|
|
Name |
WATER PLACE GROUP, LLC
|
Role |
Appellee
|
Status |
Active
|
|
Docket Entries
Docket Date |
2024-05-31
|
Type |
Mandate
|
Subtype |
Disp. w/o Mandate
|
Description |
Disp. w/o Mandate
|
|
Docket Date |
2024-05-31
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2024-05-31
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
IT IS HEREBY ORDERED that the parties' Joint Stipulation for Dismissal is recognized by the Court, and this appeal from the Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County, Florida, is hereby dismissed.
|
View |
View File
|
|
Docket Date |
2024-05-30
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Joint Stipulation for Dismissal
|
On Behalf Of |
Shimon Wolkowicki
|
View |
View File
|
|
Docket Date |
2024-03-27
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Motion for Extension of Time to Serve Answer Brief
|
On Behalf Of |
Synovus Bank
|
View |
View File
|
|
Docket Date |
2024-03-26
|
Type |
Order
|
Subtype |
Order to Serve Brief
|
Description |
The appellees are directed to file an answer brief in this cause within ten (10) days from the date of this Order or be precluded from filing a brief and/or presenting an oral argument to the Court in this cause. See Fla. R. App. P. 9.410.
|
View |
View File
|
|
Docket Date |
2024-02-08
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Motion for Extension of Time to Serve Answer Brief- 30 days to 03/16/2024 (GRANTED)
|
On Behalf Of |
Shimon Wolkowicki
|
View |
View File
|
|
Docket Date |
2024-01-16
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief
|
On Behalf Of |
Shimon Wolkowicki
|
View |
View File
|
|
Docket Date |
2023-11-08
|
Type |
Order
|
Subtype |
Order on Motion to Consolidate
|
Description |
Appellants' Joint Motion to Consolidate and for Extension of Time to file the
initial brief is granted, and it is ordered that the above-referenced appeals are hereby
consolidated for the purpose of traveling together and for the record. Appellants shall file
the initial briefs on or before January 15, 2024.
Order on Motion to Consolidate
|
View |
View File
|
|
Docket Date |
2023-11-07
|
Type |
Motions Other
|
Subtype |
Motion To Consolidate
|
Description |
Joint Motion To Consolidate and for Extension of Time
|
On Behalf Of |
Shimon Wolkowicki
|
View |
View File
|
|
Docket Date |
2023-10-12
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Synovus Bank
|
View |
View File
|
|
Docket Date |
2023-09-15
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Order on Agreed Extension of Time-IB-60 days to 11/10/2023.
|
On Behalf Of |
Shimon Wolkowicki
|
View |
View File
|
|
Docket Date |
2023-09-11
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time
|
On Behalf Of |
Shimon Wolkowicki
|
View |
View File
|
|
Docket Date |
2023-07-12
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ IB-60 days to 9/11/23
|
|
Docket Date |
2023-07-11
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time
|
On Behalf Of |
Shimon Wolkowicki
|
View |
View File
|
|
Docket Date |
2023-07-05
|
Type |
Record
|
Subtype |
Transcript
|
Description |
Transcripts
|
On Behalf Of |
Miami-Dade Clerk
|
|
Docket Date |
2023-05-17
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ DESIGNATION TO APPROVED COURT REPORTER, CIVIL COURT REOIRTER, OR APPROVED TRANSCRIPTIONIST, AND REPORTER'S OR APPROVED TRANSCRIPTIONIST'S ACKNOWLEDGEMENT
|
On Behalf Of |
Shimon Wolkowicki
|
View |
View File
|
|
Docket Date |
2023-05-04
|
Type |
Misc. Events
|
Subtype |
Certificate
|
Description |
Certificate ~ OF SERVICE
|
On Behalf Of |
Shimon Wolkowicki
|
View |
View File
|
|
Docket Date |
2023-05-03
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for Appellants that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court on or before May 13, 2023.
|
View |
View File
|
|
Docket Date |
2023-05-03
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ INCOMPLETE CERTIFICATE OF SERVICE CASES: 18-1498, 12-2033, 12-843, 11-2423, 11-72
|
On Behalf Of |
Shimon Wolkowicki
|
View |
View File
|
|
Docket Date |
2023-05-03
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
View |
View File
|
|
Docket Date |
2023-05-03
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2024-05-16
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Appellee's Unopposed Motion for Extension of Time to Serve Answer Brief in order for the Parties to Finalize and Execute a Settlement Agreement Resolving their Respective Appeals- 21 days to 06/07/2024(GRANTED)
|
On Behalf Of |
Synovus Bank
|
View |
View File
|
|
Docket Date |
2024-03-27
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Appellee Synovus Bank's Motion for Extension of Time to File
Answer Brief is hereby granted to and including May 17, 2024. Multiple
extensions of time for the same filing are discouraged. Absent extenuating
circumstances, subsequent requests may be denied.
|
View |
View File
|
|
|
WILLIE JAMES PERRY, EARL PERRY, JR. AND LEO EDWARD PERRY VS CHARMANT THEODORE, GUILENE THEODORE, MARCIO VIERIA AND SYNOVUS BANK
|
2D2023-0919
|
2023-05-01
|
Closed
|
|
Classification |
Original Proceedings - Circuit Civil - Prohibition
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
20-CA-9876
|
Parties
Name |
WILLIE JAMES PERRY
|
Role |
Petitioner
|
Status |
Active
|
Representations |
SARAH A. NACCACHE, ESQ., YUSUF HAIDERMOTA, ESQ., RONALD H. TRYBUS, ESQ.
|
|
Name |
EARL PERRY, JR.
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
LEO EDWARD PERRY
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
CHARMANT THEODORE
|
Role |
Respondent
|
Status |
Active
|
Representations |
Jeffrey Neil Golant, Esq., KEITH P. MERRITT, ESQ.
|
|
Name |
MARCIO VIERIA
|
Role |
Respondent
|
Status |
Active
|
|
Name |
SYNOVUS BANK
|
Role |
Respondent
|
Status |
Active
|
|
Name |
GUILENE THEODORE
|
Role |
Respondent
|
Status |
Active
|
|
Name |
HON. EMILY PEACOCK
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
HON. RONALD FICARROTTA
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
HILLSBOROUGH CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2023-06-22
|
Type |
Misc. Events
|
Subtype |
Case Closed
|
Description |
Case Closed
|
|
Docket Date |
2023-06-06
|
Type |
Disposition
|
Subtype |
Granted
|
Description |
Granted - Order by Judge ~ CASANUEVA, VILLANTI, and SMITH
|
|
Docket Date |
2023-06-05
|
Type |
Response
|
Subtype |
Reply
|
Description |
REPLY ~ PETITIONERS' REPLY TO RESPONDENTS' RESPONSE TO PETITION FOR WRIT OF PROHIBITION
|
On Behalf Of |
WILLIE JAMES PERRY
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Docket Date |
2023-05-19
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Type |
Response
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Subtype |
Response
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Description |
RESPONSE ~ RESPONSE TO PETITION FOR WRIT OF PROHIBITION
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On Behalf Of |
CHARMANT THEODORE
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Docket Date |
2023-05-04
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Type |
Order
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Subtype |
Order to Show Cause
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Description |
OSC grant prohibition ~ The respondent shall show cause within 15 days from the date of this order whythis petition for writ of prohibition should not be granted. The petitioner may reply within15 days of service of the response. This order operates as a stay of the lower tribunalproceedings pursuant to Florida Rule of Appellate Procedure 9.100(h). The stayremains in effect pending resolution of the petition or until lifted by order of this court.
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Docket Date |
2023-05-02
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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 |
2023-05-01
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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 |
2023-05-01
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Type |
Record
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Subtype |
Appendix
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Description |
ORIGINAL APPENDIX OR ATTACHMENT
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On Behalf Of |
WILLIE JAMES PERRY
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Docket Date |
2023-05-01
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Type |
Petition
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Subtype |
Petition
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Description |
Petition Filed
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On Behalf Of |
WILLIE JAMES PERRY
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Docket Date |
2023-06-06
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Type |
Order
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Subtype |
Order on Miscellaneous Motion
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Description |
Grant Miscellaneous Motion-79 ~ Petitioner's petition for a writ prohibiting Judge Emily Peacock from presidingfurther in circuit court case number 20-CA-9876 is granted as the petitioners' motion todisqualify the judge filed in the circuit court is deemed legally sufficient. See ShoreMariner Condominium Ass'n, Inc. v. Antonious, 722 So. 2d 247, 248 (Fla. 2d DCA 1998)("Trial judges must studiously avoid the appearance of favoring one party in a lawsuit,and suggesting to counsel or a party how to proceed strategically constitutes a breachof this principle.").Accordingly, Chief Judge Ronald Ficarrotta shall immediately appoint asuccessor judge pursuant to Florida Rule of General Practice and JudicialAdministration 2.215(b)(4).
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RAFAEL VILLA and LUZ D. VILLA VS TILLES INVESTMENTS LLC, et al.
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4D2020-1580
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2020-07-14
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Closed
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Classification |
NOA Non Final - Circuit Civil - Other
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Court |
4th District Court of Appeal
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Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Martin County
2018CA001307CAAXMX
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Parties
Name |
Luz D. Villa
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Role |
Appellant
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Status |
Active
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Name |
Rafael Villa
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Role |
Appellant
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Status |
Active
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Representations |
Dennis A. Donet
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Name |
TILLES INVESTMENTS, LLC.
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Role |
Appellee
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Status |
Active
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Representations |
Kelley & Fulton, P.L., Adam Grant Schwartz
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Name |
SYNOVUS BANK
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Role |
Appellee
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Status |
Active
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Name |
Barry Meadow
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Role |
Appellee
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Status |
Active
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Name |
Hon. Michael J. McNicholas
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Role |
Judge/Judicial Officer
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Status |
Active
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Name |
Hon. Gary L. Sweet
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Role |
Judge/Judicial Officer
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Status |
Active
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Name |
Clerk - Martin
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Role |
Lower Tribunal Clerk
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Status |
Active
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Docket Entries
Docket Date |
2020-08-03
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Type |
Brief
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Subtype |
Jurisdictional Brief
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Description |
Jurisdictional Brief
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On Behalf Of |
Rafael Villa
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Docket Date |
2020-09-01
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Type |
Disposition by Order
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Subtype |
Dismissed
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Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ Upon consideration of appellants’ August 3, 2020 “statement of jurisdiction” and appellee’s August 5, 2020 response, it is ORDERED sua sponte that the above-styled appeal is dismissed for lack of jurisdiction. See Burgos-Vazquez v. JP Morgan Chase Bank, 193 So. 3d 23, 24 (Fla. 4th DCA 2016) (holding that an order denying a motion to cancel sale is a nonfinal, nonappealable order); Popescu v. JP Morgan Chase Bank, NA, 162 So. 3d 10 (Fla. 4th DCA 2014) (“We dismiss the appeal from the order granting substitution of parties, which we treat as a motion to amend to correct the defendant's name, as the order is a non-final, non-appealable order. See Fla. R. App. P. 9.130.”); Pridgen v. First Union Bank, 879 So. 2d 21 (Fla. 2d DCA 2004) (“An order that merely schedules a foreclosure sale is not a final appealable order.”). Further,Upon consideration of appellants’ August 5, 2020 response, it isORDERED that appellee’s July 24, 2020 “motion to dismiss appeal for lack of jurisdiction over a non-appealable, non-final order” is determined to be moot. Further,Upon consideration of appellee’s August 6, 2020 response in opposition, it is ORDERED that appellants’ August 5, 2020 motion to temporarily relinquish jurisdiction is determined to be moot. The court declines to treat the appeal as a petition for writ of certiorari, as any harm cannot be considered irreparable and not remediable on appeal. LEVINE, C.J., WARNER and GERBER, JJ., concur.
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Docket Date |
2020-09-01
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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 |
2020-08-06
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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 |
Tilles Investments LLC
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Docket Date |
2020-08-05
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Type |
Record
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Subtype |
Appendix to Response
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Description |
Appendix to Response
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On Behalf Of |
Tilles Investments LLC
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Docket Date |
2020-08-05
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Type |
Motions Other
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Subtype |
Motion To Relinquish Jurisdiction
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Description |
Motion To Relinquish Jurisdiction
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On Behalf Of |
Rafael Villa
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Docket Date |
2020-08-05
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Type |
Response
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Subtype |
Response
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Description |
Response ~ TO MOTION TO DISMISS
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On Behalf Of |
Rafael Villa
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Docket Date |
2020-08-03
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Type |
Misc. Events
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Subtype |
Miscellaneous Trial Court Order
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Description |
ORD-FROM CIRCUIT COURT/AGENCY
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On Behalf Of |
Clerk - Martin
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Docket Date |
2020-07-24
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Type |
Motions Other
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Subtype |
Motion To Dismiss
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Description |
Motion To Dismiss
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On Behalf Of |
Tilles Investments LLC
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Docket Date |
2020-07-24
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Type |
Order
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Subtype |
Order to File Response re Jurisdiction
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Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that, within ten (10) days from the date of this order, appellants 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. Appellants shall specifically address how the two orders on the omnibus motion are appealable pursuant to Florida Rule of Appellate Procedure 9.110 or 9.130. Popescu v. JP Morgan Chase Bank, NA, 162 So. 3d 10 (Fla. 4th DCA 2014) ("We dismiss the appeal from the order granting substitution of parties, which we treat as a motion to amend to correct the defendant's name, as the order is a non-final, non-appealable order. See Fla. R. App. P. 9.130."); Pridgen v. First Union Bank, 879 So. 2d 21 (Fla. 2d DCA 2004) ("An order that merely schedules a foreclosure sale is not a final appealable order."); Burgos-Vazquez v. JP Morgan Chase Bank, 193 So. 3d 23, 24 (Fla. 4th DCA 2016) (holding that an order denying a motion to cancel sale is a nonfinal, nonappealable order); further,Appellees may file a response within ten (10) days of service of that statement.
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Docket Date |
2020-07-23
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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 |
Rafael Villa
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Docket Date |
2020-07-23
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Type |
Notice
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Subtype |
Notice
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Description |
Notice ~ OF RELATED CASE. W/4D20-1003
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On Behalf Of |
Rafael Villa
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Docket Date |
2020-07-14
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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. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. 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 |
2020-07-14
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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 |
Rafael Villa
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Docket Date |
2020-07-14
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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 |
2020-07-14
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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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RAFAEL VILLA and LUZ D. VILLA VS TILLES INVESTMENTS, LLC et al.
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4D2020-1003
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2020-04-20
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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 Nineteenth Judicial Circuit, Martin County
432018CA001307
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Parties
Name |
FORECLOSURE, INC.
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Role |
Appellant
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Status |
Active
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|
Name |
Rafael Villa
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Role |
Appellant
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Status |
Active
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Representations |
Dennis A. Donet
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Name |
Luz D. Villa
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Role |
Appellant
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Status |
Active
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Name |
A-1 CLEANING CONCEPTS, INC.
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Role |
Appellee
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Status |
Active
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Name |
TILLES INVESTMENTS, LLC.
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Role |
Appellee
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Status |
Active
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Name |
SYNOVUS BANK
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Role |
Appellee
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Status |
Active
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Representations |
Adam Grant Schwartz, Dorothy Ann A. Dlugolecki, Kelley & Fulton, P.L.
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Name |
Barry Meadow
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Role |
Appellee
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Status |
Active
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Name |
Hon. Michael J. McNicholas
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Role |
Judge/Judicial Officer
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Status |
Active
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Name |
Clerk - Martin
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Role |
Lower Tribunal Clerk
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Status |
Active
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Docket Entries
Docket Date |
2020-11-10
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Type |
Disposition by Order
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Subtype |
Dismissed
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Description |
Order Granting Voluntary Dismissal ~ ORDERED that appellants’ November 9, 2020 “motion for dismissal of appeal with prejudice due to settlement” is treated as a notice of voluntary dismissal, and this case is dismissed.
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Docket Date |
2020-11-10
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Type |
Disposition
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Subtype |
Dismissed
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Description |
Dismissed - Order by Clerk
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Docket Date |
2020-11-09
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Type |
Motions Other
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Subtype |
Motion/Notice Voluntary Dismissal
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Description |
Notice of Voluntary Dismissal ~ MOTION FOR DISMISSAL OF APPEAL WITH PREJUDICE DUE TO SETTLEMENT
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On Behalf Of |
Rafael Villa
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Docket Date |
2020-10-26
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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 appellants’ October 23, 2020 motion for extension of time is granted, and appellants shall serve the initial brief on or before November 9, 2020. 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 |
2020-10-23
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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 |
Rafael Villa
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Docket Date |
2020-09-29
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Type |
Notice
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Subtype |
Notice of Filing
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Description |
Notice of Filing ~ CONFORMED COPIES OF TRIAL COURT'S ORDERS ISSUED DURING RELINQUISHMENT
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On Behalf Of |
Rafael Villa
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Docket Date |
2020-09-24
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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 appellants’ September 22, 2020 motion for extension of time is granted, and appellants shall serve the initial brief on or before October 26, 2020. 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 |
2020-09-22
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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 |
Rafael Villa
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Docket Date |
2020-09-22
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Type |
Order
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Subtype |
Order on Motion for Extension of Time
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Description |
ORD-Granting EOT for Relinquishment of Juris. ~ ORDERED that appellants' September 21, 2020 motion to extend relinquishment is granted. Relinquishment of jurisdiction to the trial court is continued to and including September 28, 2020.Appellants shall forward to this court a copy of any order issued during relinquishment. It is further ordered that appellants shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellants to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
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Docket Date |
2020-09-21
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time
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Description |
Motion for Extension of Time ~ FOR TEMPORARY RELINQUISHMENT OF JURISDICTION
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On Behalf Of |
Rafael Villa
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Docket Date |
2020-09-15
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Type |
Order
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Subtype |
Order on Motion for Extension of Time
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Description |
ORD-Granting EOT for Relinquishment of Juris. ~ ORDERED that appellants' September 14, 2020 motion to extend relinquishment is granted. Relinquishment of jurisdiction to the trial court is continued to and including September 21, 2020.Appellants shall forward to this court a copy of any order issued during relinquishment. It is further ordered that appellants shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellants to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
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Docket Date |
2020-09-14
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time
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Description |
Motion for Extension of Time ~ FOR TEMPORARY RELINQUISHMENT OF JURISDICTION
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On Behalf Of |
Rafael Villa
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Docket Date |
2020-08-31
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Type |
Order
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Subtype |
Order Relinquishing Jurisdiction
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Description |
Jurisdiction Relinquished ~ Upon consideration of appellee's August 14, 2020 response in opposition, it is ORDERED that appellants' August 7, 2020 motion to temporarily relinquish jurisdiction is granted. Jurisdiction is relinquished to the trial court for fifteen (15) days for the purpose of disposing of appellants' pending motion for reconsideration filed pursuant to Florida Rule of Judicial Administration 2.330(h) and "motion for extension of time and to consider timely filed . . ." Appellants shall forward to this court a copy of any order issued during relinquishment. It is further ordered that appellants shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellants to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
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Docket Date |
2020-08-24
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Type |
Order
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Subtype |
Order on Agreed Extension of Time
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Description |
Recognizing Agreed Extension of Time ~ TO 09/25/2020
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Docket Date |
2020-08-24
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Type |
Notice
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Subtype |
Notice of Agreed Extension of Time - Initial Brief
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Description |
Notice of Agreed Extension - Initial Brief
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On Behalf Of |
Rafael Villa
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Docket Date |
2020-08-14
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Type |
Response
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Subtype |
Response
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Description |
Response ~ IN OPPOSITION TO MOTION TO RELINQUISH JURISDICTION
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On Behalf Of |
Synovus Bank
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Docket Date |
2020-08-07
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Type |
Motions Other
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Subtype |
Motion To Relinquish Jurisdiction
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Description |
Motion To Relinquish Jurisdiction
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On Behalf Of |
Rafael Villa
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Docket Date |
2020-08-03
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Type |
Misc. Events
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Subtype |
Miscellaneous Trial Court Order
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Description |
ORD-FROM CIRCUIT COURT/AGENCY
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On Behalf Of |
Clerk - Martin
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Docket Date |
2020-07-27
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Type |
Order
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Subtype |
Order on Agreed Extension of Time
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Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 08/26/2020
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Docket Date |
2020-07-27
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Type |
Notice
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Subtype |
Notice of Agreed Extension of Time - Initial Brief
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Description |
Notice of Agreed Extension - Initial Brief
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On Behalf Of |
Rafael Villa
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Docket Date |
2020-07-14
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Type |
Order
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Subtype |
Order on Motion For Substitution of Parties
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Description |
ORD-Allowing Substitution of Parties ~ ORDERED that the June 23, 2020 motions to substitute party are granted, and Tilles Investments, LLC is substituted as the appellee in the above-styled appeal in place of appellees Barry Meadow and Synovus Bank.
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Docket Date |
2020-06-24
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Type |
Record
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Subtype |
Record on Appeal
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Description |
Received Records ~ 712 PAGES (PAGES 1-695)
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On Behalf Of |
Clerk - Martin
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Docket Date |
2020-06-24
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Type |
Order
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Subtype |
Order on Agreed Extension of Time
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Description |
Recognizing Agreed Extension of Time ~ TO 07/27/2020
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Docket Date |
2020-06-24
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Type |
Notice
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Subtype |
Notice of Agreed Extension of Time - Initial Brief
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Description |
Notice of Agreed Extension - Initial Brief
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On Behalf Of |
Rafael Villa
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Docket Date |
2020-06-23
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Type |
Motions Relating to Parties and Counsel
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Subtype |
Motion For Substitution of Parties
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Description |
Motion For Substitution of Parties
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On Behalf Of |
Synovus Bank
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Docket Date |
2020-06-23
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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 |
Synovus Bank
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Docket Date |
2020-04-27
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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 |
Rafael Villa
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Docket Date |
2020-04-20
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Type |
Misc. Events
|
Subtype |
Fee Status
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Description |
FP:Fee Paid Through Portal
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Docket Date |
2020-04-20
|
Type |
Notice
|
Subtype |
Notice of Appeal
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Description |
Notice of Appeal Filed
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On Behalf Of |
Rafael Villa
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Docket Date |
2020-04-20
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
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Docket Date |
2020-04-20
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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 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. The fee may be paid electronically through the Florida Courts E-Filing Portal - see the court's website for details. 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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