|
Paul King, Petitioner(s) v. City First Mortgage Corp., Respondent(s)
|
SC2023-0814
|
2023-06-05
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
3rd District Court of Appeal
3D23-0534;
|
Parties
| Name |
PAUL KING LLC
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
CITY FIRST MORTGAGE CORP.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Bruce Jacobs
|
|
| Name |
Hon. Beatrice Avgherino Butchko
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Luis Gonzalo Montaldo
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Hon. Stacey Pectol
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Hon. Mercedes M. Prieto
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-07-17
|
| Type |
Miscellaneous Document
|
| Subtype |
Misc. Docket Entry
|
| Description |
Copy of 3DCA Order
|
| View |
View File
|
|
| Docket Date |
2023-06-05
|
| Type |
Event
|
| Subtype |
No Fee - Insolvent
|
| Description |
No Fee - Insolvent Below
|
|
| Docket Date |
2023-06-05
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
Filed as a Notice of Appeal of Stay and treated as a Notice to Invoke Discretionary Jurisdiction
|
| On Behalf Of |
Paul King
|
| View |
View File
|
|
| Docket Date |
2023-06-05
|
| Type |
Disposition
|
| Subtype |
Rev/Appeal Dism No Juris Omnibus
|
| Description |
Rev/Appeal Dism No Juris Omnibus *Corrected 6/8/23, to reflect correct DCA clerk in service list.*
|
| View |
View File
|
|
|
|
PAUL KING, VS CITY FIRST MORTGAGE CORP., et al.,
|
3D2023-0965
|
2023-05-31
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Foreclosure
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
21-27123
|
Parties
| Name |
PAUL KING LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CITY FIRST MORTGAGE CORP.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Michael A. Mullavey, Xavier A. Franco, Bruce R. Jacobs
|
|
| Name |
Hon. Beatrice Butchko
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-08-07
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-08-07
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2023-07-18
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2023-07-18
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Dismissal for Failure to Comply (DA11H) ~ Upon the Court’s own motion, it is ordered that this appeal from the Circuit Court for Miami-Dade County, Florida, is dismissed for failure to comply with this Court’s Order dated June 26, 2023, and with the Florida Rules of Appellate Procedure.
|
|
| Docket Date |
2023-06-06
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CITY FIRST MORTGAGE CORP.
|
|
| Docket Date |
2023-05-31
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
C1:Certificate of Indigency Filed
|
| On Behalf Of |
CITY FIRST MORTGAGE CORP.
|
|
| Docket Date |
2023-05-31
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ Related cases: 23-963, 23-534
|
| On Behalf Of |
Paul King
|
|
| Docket Date |
2023-05-31
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments.
|
|
| Docket Date |
2023-06-26
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
AA to file intitial brief w/in 10 days (OR21A) ~ Pursuant to the time schedule provided in the Florida Rules of Appellate Procedure, the time for filing the initial brief has expired. This cause will be subject to dismissal unless the document referred to is filed within ten (10) days from the date of this Order, or within said time the Court is otherwise notified that this matter is being diligently prosecuted.
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|
|
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PAUL KING. VS SEPTARIA US, LLC. et al.,
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3D2023-0963
|
2023-05-31
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
21-27123
|
Parties
| Name |
PAUL KING LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
SEPTARIA US, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Xavier A. Franco, Bruce R. Jacobs, Michael A. Mullavey
|
|
| Name |
CITY FIRST MORTGAGE CORP.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Beatrice Butchko
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-09-28
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp. w/o Mandate
|
|
| Docket Date |
2023-09-28
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-08-22
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2023-08-22
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Appeal Dismissed by the Court (DA11) ~ Upon the Court’s own motion, it is ordered that the above-styled appeal is hereby dismissed.
|
|
| Docket Date |
2023-07-20
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ Appellee's Motion to Dismiss as Moot
|
| On Behalf Of |
SEPTARIA US, LLC
|
|
| Docket Date |
2023-07-10
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Rule 9.130(a)(1)(3)(C)(ii) of the Florida Rules of Appellate Procedure treats the order under review as a non-final order. Accordingly, Pro se Appellant is granted an extension of time of thirty (30) days from the date of this Order, to file the initial brief with an appendix in the form required by the governing rules. Failure to timely file a conforming brief and appendix may result in the dismissal of this appeal. Upon consideration, pro se Appellant's Motion to Correct the Record is hereby denied.
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|
| Docket Date |
2023-07-06
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| 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 |
Paul King
|
|
| Docket Date |
2023-07-05
|
| 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 |
Paul King
|
|
| Docket Date |
2023-07-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ Appellee's Response in Opposition to Appellant's Motion to Correct Record
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| On Behalf Of |
SEPTARIA US, LLC
|
|
| Docket Date |
2023-07-05
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Amend/Correct Record
|
| Description |
Motion To Correct the Record
|
| On Behalf Of |
Paul King
|
|
| Docket Date |
2023-06-26
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
AA to file intitial brief w/in 10 days (OR21A) ~ Pursuant to the time schedule provided in the Florida Rules of Appellate Procedure, the time for filing the initial brief has expired. This cause will be subject to dismissal unless the document referred to is filed within ten (10) days from the date of this Order, or within said time the Court is otherwise notified that this matter is being diligently prosecuted.
|
|
| Docket Date |
2023-06-02
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
SEPTARIA US, LLC
|
|
| Docket Date |
2023-05-31
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-05-31
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ Certified.
|
| On Behalf Of |
Paul King
|
|
| Docket Date |
2023-05-31
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments.
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|
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PAUL KING, VS KINGS GARDEN, INC., et al.,
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3D2023-0577
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2023-03-30
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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
21-12141
|
Parties
| Name |
PAUL KING LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
KINGS GARDEN, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Meredith M. Silver, Gary S. Phillips
|
|
| Name |
Hon. Lisa S. Walsh
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-03-31
|
| 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, the appellant is directed to file with this Court a certificate of service indicating the addresses of all the parties in this appeal.
|
|
| Docket Date |
2023-09-28
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp. w/o Mandate
|
|
| Docket Date |
2023-09-28
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-09-08
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Dismissal for Failure to Comply (DA11H) ~ Upon the Court’s own motion, it is ordered that this appeal from the Circuit Court for Miami-Dade County, Florida, is dismissed for failure to comply with this Court’s Order dated August 15, 2023, and with the Florida Rules of Appellate Procedure.
|
|
| Docket Date |
2023-09-08
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2023-08-15
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
AA to file intitial brief w/in 10 days (OR21A) ~ Pursuant to the time schedule provided in the Florida Rules of Appellate Procedure, the time for filing the initial brief has expired. This cause will be subject to dismissal unless the document referred to is filed within ten (10) days from the date of this Order, or within said time the Court is otherwise notified that this matter is being diligently prosecuted.
|
|
| Docket Date |
2023-06-02
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2023-05-17
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
KINGS GARDEN, INC.
|
|
| Docket Date |
2023-04-10
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
Paul King
|
|
| Docket Date |
2023-04-03
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ Certified
|
| On Behalf Of |
Paul King
|
|
| Docket Date |
2023-04-03
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Certificate of Indigency ~ IN CONFIDENTIAL
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2023-03-31
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ CERTIFIED.
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2023-03-30
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ NOT CERTIFIED. NO CERTIFICATE OF SERVICE.
|
| On Behalf Of |
Paul King
|
|
| Docket Date |
2023-03-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
C1:Certificate of Indigency Filed
|
|
| Docket Date |
2023-03-30
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
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PAUL KING, VS CITY FIRST MORTGAGE CORP., et al.,
|
3D2023-0534
|
2023-03-27
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Foreclosure
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
21-27123
|
Parties
| Name |
Hon. Beatrice Butchko
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
John A. Tomasino
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
PAUL KING LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CITY FIRST MORTGAGE CORP.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Gary M. Murphree, Michael A. Mullavey, Bruce R. Jacobs, Xavier A. Franco
|
|
Docket Entries
| Docket Date |
2023-06-09
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Denied (OD999) ~ Upon consideration, pro se Appellant’s Motion to Correct the Record is hereby denied. LOGUE, LINDSEY and LOBREE, JJ., concur.
|
|
| Docket Date |
2023-06-05
|
| Type |
Supreme Court
|
| Subtype |
Notice of Appeal FSC
|
| Description |
Notice of Appeal to Supreme Court
|
| On Behalf Of |
Paul King
|
|
| Docket Date |
2023-05-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Ext-gr initial brief no further extensions (OG03B) ~ Upon consideration, pro se Appellant's Motion for Extension of Time to File the Initial Brief is granted to and including thirty (30) days from the date of this Order, with no further extensions allowed without good cause shown. If said brief is not timely filed in accordance with this Order, the appeal will be subject to dismissal.
|
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| Docket Date |
2023-07-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Extension granted to file answer brief (OG04) ~ Appellee’s Motion for Extension to File a Motion to Dismiss Appeal or File the Answer Brief is granted to and including August 4, 2023.
|
|
| Docket Date |
2023-07-05
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CITY FIRST MORTGAGE CORP.
|
|
| Docket Date |
2023-07-05
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ Appellee City First Mortgage Corp.'s Motion for Extension to File Motion to Dismiss Appeal or File Answer Brief
|
| On Behalf Of |
CITY FIRST MORTGAGE CORP.
|
|
| Docket Date |
2023-10-02
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-10-02
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2023-09-06
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Authored Opinion
|
|
| Docket Date |
2023-08-04
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ Appellee City First Mortgage Corp.'s Motion to Dismiss as Moot, or, Alternatively, as Frivolous *See Opinion issued 9/6/23
|
| On Behalf Of |
CITY FIRST MORTGAGE CORP.
|
|
| Docket Date |
2023-06-06
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CITY FIRST MORTGAGE CORP.
|
|
| Docket Date |
2023-06-05
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Paul King
|
|
| Docket Date |
2023-06-05
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Amend/Correct Record
|
| Description |
Motion To Correct the Record
|
| On Behalf Of |
Paul King
|
|
| Docket Date |
2023-06-05
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Paul King
|
|
| Docket Date |
2023-06-05
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
NOTICE OF APPEAL
|
|
| Docket Date |
2023-05-30
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Stay Denied (OD26) ~ Upon consideration, pro se Appellant’s Motion for review of order denying motion to stay is hereby denied.
|
|
| Docket Date |
2023-05-30
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay
|
| On Behalf Of |
Paul King
|
|
| Docket Date |
2023-05-03
|
| 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 |
Paul King
|
|
| Docket Date |
2023-04-25
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 2 ~ CORRECTED TO CHANGE ATTORNEY FOR APPELLEE
|
|
| Docket Date |
2023-04-17
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ DESIGNATION TO COURT REPORTER
|
| On Behalf Of |
Paul King
|
|
| Docket Date |
2023-04-10
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
Paul King
|
|
| Docket Date |
2023-04-03
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Certificate of Indigency ~ IN CONFIDENTIAL
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2023-03-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2023-03-27
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ Not certified.
|
| On Behalf Of |
Paul King
|
|
| Docket Date |
2023-03-27
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
C1:Certificate of Indigency Filed
|
| On Behalf Of |
Paul King
|
|
| Docket Date |
2023-03-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments. The 3DCA $300 filing fee for a notice of appeal is due.
|
|
| Docket Date |
2023-03-27
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/o atty (OR14C) ~ This is to notify 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 dollar ($300.00) fee is paid to the Clerk of the Court by cash, cashier’s check, money order, or electronically through the Florida Courts E-Filing Portal on or before April 6, 2023, or unless a certified copy of the application for determination of civil indigent status in which the lower tribunal clerk has determined the appellant to be indigent is received on or before said date.
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