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GLORIA S. GRAHAM, as Trustee of the WILLIAM J. GRAHAM TRUST dated JUNE 16, 1986, et al. VS RANDY E. VIRGIL, SR., as Personal Representative of the ESTATE OF RANDY E. VIRGIL, JR., et al.
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4D2021-0877
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2021-02-22
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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 Seventeenth Judicial Circuit, Broward County
CACE17-005292
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Parties
| Name |
William and Gloria Graham Trust
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| Role |
Appellant
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| Status |
Active
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|
| Name |
Gloria S. Graham
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| Role |
Appellant
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| Status |
Active
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| Representations |
Sydney Feldman, Jack R. Reiter
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|
| Name |
William J. Graham, Jr. Trust dated June 16, 1986
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| Role |
Appellant
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| Status |
Active
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|
| Name |
Gloria S. Graham Trust dated June16, 1986
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| Role |
Appellant
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| Status |
Active
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|
| Name |
Randy E. Virgil, Sr.
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| Role |
Appellee
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| Status |
Active
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| Representations |
Josiah Daniel Graham, Gregg J. Weiser, Scott M. Teich, Thomas Montgomery, Sean A. Gold, Neil P. Anthony, David S. Tadros, Michael W. Shiver, Todd R. Falzone
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|
| Name |
FAMILY DOLLAR STORES OF FLORIDA, LLC
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| Role |
Appellee
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| Status |
Active
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|
| Name |
COCO DULCE, INC.
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| Role |
Appellee
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| Status |
Active
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|
| Name |
Pahokee Save-A-Lot
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| Role |
Appellee
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| Status |
Active
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|
| Name |
FAMILY DOLLAR STORES OF FLORIDA, INC.
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| Role |
Appellee
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| Status |
Active
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|
| Name |
Estate of Randy E. Virgil, Jr.
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| Role |
Appellee
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| Status |
Active
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|
| Name |
FRENVEY, INC.
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| Role |
Appellee
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| Status |
Active
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|
| Name |
Hon. Carlos A. Rodriguez
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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 |
2021-09-24
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| Type |
Mandate
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| Subtype |
Mandate
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| Description |
Mandate
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| Docket Date |
2021-09-24
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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 |
2021-09-01
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| Type |
Disposition by Opinion
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| Subtype |
Reversed
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| Description |
Reversed - Per Curiam Opinion
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| Docket Date |
2021-08-17
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| Type |
Notice
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| Subtype |
Notice of Supplemental Authority
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| Description |
Notice of Supplemental Authority
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| On Behalf Of |
Gloria S. Graham
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|
| Docket Date |
2021-06-16
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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 |
Gloria S. Graham
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| Docket Date |
2021-06-08
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
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| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellants' June 7, 20201 motion for extension of time is granted, and appellants shall serve the reply brief on or before June 16, 2021. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
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| Docket Date |
2021-06-07
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Reply Brief
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| Description |
Mot. for Extension of Time to File Reply Brief
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| On Behalf Of |
Gloria S. Graham
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| Docket Date |
2021-05-07
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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 |
Randy E. Virgil, Sr.
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| Docket Date |
2021-05-03
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| Type |
Order
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| Subtype |
Order on Motion To Dismiss
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| Description |
ORD-Denying Aplee's Motion to Dismiss ~ Upon consideration of appellee’s April 14, 2021 response, it is ORDERED that appellants’ March 30, 2021 motion for review is denied. Further, Upon consideration of appellants’ April 26, 2021 response, it is ORDERED that appellee’s April 9, 2021 motion to dismiss is denied.
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| Docket Date |
2021-04-26
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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 |
Gloria S. Graham
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| Docket Date |
2021-04-14
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| Type |
Response
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| Subtype |
Response
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| Description |
Response ~ TO MOTION TO REVIEW DENIAL OF STAY PENDING APPEAL
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| On Behalf Of |
Randy E. Virgil, Sr.
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| Docket Date |
2021-04-09
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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 |
Randy E. Virgil, Sr.
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| Docket Date |
2021-03-30
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| Type |
Record
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| Subtype |
Appendix
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| Description |
Appendix ~ TO MOTION FOR REVIEW
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| On Behalf Of |
Gloria S. Graham
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| Docket Date |
2021-03-30
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| Type |
Motions Other
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| Subtype |
Motion For Review
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| Description |
Motion For Review
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| On Behalf Of |
Gloria S. Graham
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| Docket Date |
2021-03-18
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| Type |
Record
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| Subtype |
Appendix
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| Description |
Appendix to Brief
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| On Behalf Of |
Gloria S. Graham
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| Docket Date |
2021-03-18
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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 |
Gloria S. Graham
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| Docket Date |
2021-03-09
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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 appellants' March 5, 2021 motion for extension of time is granted, and appellants shall serve the initial brief on or before March 18, 2021. 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 |
2021-03-05
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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 |
Gloria S. Graham
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| Docket Date |
2021-02-23
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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 |
2021-02-23
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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 |
2021-02-23
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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 |
Gloria S. Graham
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| Docket Date |
2021-02-22
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
FR:Fee Returned
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| Docket Date |
2021-02-22
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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 |
Gloria S. Graham
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| Classification |
NOA Non Final - Circuit Civil - Other
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| Court |
3rd District Court of Appeal
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| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
18-10165
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Parties
| Name |
PAUL JEREMIE
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| Role |
Appellant
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| Status |
Active
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| Representations |
PETER A. TAPPERT
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|
| Name |
FAMILY DOLLAR STORES OF FLORIDA, INC.
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| Role |
Appellee
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| Status |
Active
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| Representations |
GARY M. FREEDMAN, LEE D. WEDEKIND, III, DANIEL F. BLANKS
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|
| Name |
Hon. Bertila Soto
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
HON. DENNIS J. MURPHY
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
Miami-Dade Clerk
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2019-05-31
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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 |
2019-05-31
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| Type |
Mandate
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| Subtype |
Mandate
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| Description |
Mandate
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| Docket Date |
2019-05-15
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| Type |
Motions Other
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| Subtype |
Motion To Dismiss
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| Description |
Motion to Dismiss Denied (OD32) ~ Upon consideration, appellee’s motion to dismiss appeal for lack of subject-matter jurisdiction is hereby denied.
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| Docket Date |
2019-05-15
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| Type |
Order
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| Subtype |
Order on Motion For Attorney's Fees
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| Description |
Attorney Fees Granted (OG47) ~ Upon consideration of appellee’s motion for contingent award of appellate attorneys’ fees, it is ordered that said motion is conditionally granted and remanded to the trial court upon prevailing below. Appellant’s motion for attorneys’ fees is hereby denied.
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| Docket Date |
2019-05-15
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| Type |
Disposition by Opinion
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| Subtype |
Affirmed
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| Description |
Affirmed - Per Curiam Affirmed
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| Docket Date |
2019-02-20
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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 |
PAUL JEREMIE
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| Docket Date |
2019-02-20
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| Type |
Motions Relating to Attorney Fees/Costs
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| Subtype |
Motion For Attorney's Fees
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| Description |
Motion For Attorney's Fees
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| On Behalf Of |
PAUL JEREMIE
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| Docket Date |
2019-02-19
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| Type |
Motions Relating to Attorney Fees/Costs
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| Subtype |
Motion For Attorney's Fees
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| Description |
Motion For Attorney's Fees
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| On Behalf Of |
FAMILY DOLLAR STORES OF FLORIDA, INC.
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| Docket Date |
2019-01-31
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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 |
FAMILY DOLLAR STORES OF FLORIDA, INC.
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| Docket Date |
2019-01-14
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time
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| Description |
Clerk's notice granting eot (CLKEX) ~ AB-20 days to 1/31/19
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| Docket Date |
2019-01-11
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Answer Brief
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| Description |
Mot. for Extension of time to file Answer Brief
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| On Behalf Of |
FAMILY DOLLAR STORES OF FLORIDA, INC.
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| Docket Date |
2019-01-07
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| Type |
Order
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| Subtype |
Order
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| Description |
MISCELLANEOUS ORDER (OR999) ~ Upon consideration, appellee’s motion to dismiss appeal for lack of subject-matter jurisdiction is carried with the case. SCALES, LUCK and LINDSEY, JJ., concur.
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| Docket Date |
2018-12-21
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| Type |
Response
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| Subtype |
Response
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| Description |
RESPONSE ~ APPELLANT'S RESPONSE TO APPELLEE'S MOTION TO DISMISS
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| On Behalf Of |
PAUL JEREMIE
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| Docket Date |
2018-12-10
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| Type |
Motions Other
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| Subtype |
Motion To Dismiss
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| Description |
Motion To Dismiss ~ Appeal for lack of subject-matter jurisdiction
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| On Behalf Of |
FAMILY DOLLAR STORES OF FLORIDA, INC.
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| Docket Date |
2018-11-19
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| Type |
Record
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| Subtype |
Appendix
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| Description |
Appendix ~ TO APPELLANT'S INITIAL BRIEF
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| On Behalf Of |
PAUL JEREMIE
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| Docket Date |
2018-11-19
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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 |
PAUL JEREMIE
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| Docket Date |
2018-11-02
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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 |
PAUL JEREMIE
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| Docket Date |
2018-11-02
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time
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| Description |
Clerk's notice granting eot (CLKEX) ~ IB-15 days to 11/19/18
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| Docket Date |
2018-10-30
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for appellant 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 ($300.00) dollar fee is paid to the Clerk of the Court on or before November 9, 2018.
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| Docket Date |
2018-10-23
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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 |
2018-10-23
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| Type |
Notice
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| Subtype |
Notice of Appeal Transmittal Form
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| Description |
Notice of Transmittal--NOA
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| On Behalf Of |
PAUL JEREMIE
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| Docket Date |
2018-10-23
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. ** The $300 filing fee for a notice of appeal is due.
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