Mark P. Stopa, Petitioner(s) v. Stephen J. Dibert and MFI-Miami Holdings, LLC, et al., Respondent(s).
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2D2024-2459
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2024-10-23
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Open
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Classification |
Original Proceedings - Circuit Civil - Mandamus
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Court |
2nd District Court of Appeal
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Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
19-8558-CI
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Parties
Name |
Mark P. Stopa
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Role |
Petitioner
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Status |
Active
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|
Name |
Stephen J. Dibert
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Role |
Respondent
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Status |
Active
|
Representations |
Samantha Stevins
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|
Name |
MFI-MIAMI HOLDINGS, LLC
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Role |
Respondent
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Status |
Active
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|
Name |
MFI-MIAMI, LLC
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Role |
Respondent
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Status |
Active
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|
Name |
Hon. Patricia Ann Muscarella
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Role |
Judge/Judicial Officer
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Status |
Active
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|
Name |
Pinellas Clerk
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Role |
Lower Tribunal Clerk
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Status |
Active
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Docket Entries
Docket Date |
2024-11-21
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Type |
Order
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Subtype |
Order to Show Cause
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Description |
It appears the lower tribunal has continued the jury trial. Within fifteen days, petitioner shall show cause why this petition for writ of mandamus should not be denied as moot.
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View |
View File
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Docket Date |
2024-10-31
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Type |
Record
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Subtype |
Appendix
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Description |
Appendix
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On Behalf Of |
Mark P. Stopa
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Docket Date |
2024-10-29
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Type |
Event
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Subtype |
Fee Satisfied
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Description |
Fee Satisfied
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On Behalf Of |
Mark P. Stopa
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Docket Date |
2024-10-23
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Type |
Order
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Subtype |
Order on Filing Fee
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Description |
This petition has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes.
Counsel for Petitioner shall forward the required $300.00 filing fee or, if applicable, an affidavit of insolvency in conformity with the requirements of chapter 57, Florida Statutes, to this court within twenty days from the date of this order.
If this court does not receive either of the above within the prescribed time, this petition may be subject to dismissal without further notice.
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View |
View File
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Docket Date |
2024-10-23
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Type |
Letter
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Subtype |
Acknowledgment Letter
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Description |
Acknowledgment Letter
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View |
View File
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Docket Date |
2024-10-23
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Type |
Petition
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Subtype |
Petition Mandamus
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Description |
Petition Mandamus
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On Behalf Of |
Mark P. Stopa
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Docket Date |
2024-12-18
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Type |
Disposition by Order
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Subtype |
Denied
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Description |
This petition for writ of mandamus is denied as moot.
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View |
View File
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Mark P. Stopa, Petitioner(s) v. STEPHEN J. DIBERT, MFI-MIAMI, LLC, Respondent(s).
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2D2024-0925
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2024-04-17
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Closed
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Classification |
Original Proceedings - Circuit Civil - Prohibition
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Court |
2nd District Court of Appeal
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Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
19-8558-CI
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Parties
Name |
Mark P. Stopa
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
STEPHEN J. DIBERT
|
Role |
Respondent
|
Status |
Active
|
Representations |
Samantha Stevins
|
|
Name |
MFI-MIAMI, LLC
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Role |
Respondent
|
Status |
Active
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|
Name |
Hon. Shawn Crane
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Role |
Judge/Judicial Officer
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Status |
Active
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|
Name |
Pinellas Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
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Docket Entries
Docket Date |
2024-06-06
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Type |
Response
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Subtype |
Reply
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Description |
REPLY TO RESPONSE TO
PETITION FOR WRIT OF PROHIBITION
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On Behalf Of |
Mark P. Stopa
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Docket Date |
2024-05-23
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Type |
Response
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Subtype |
Response
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Description |
RESPONSE TO ORDER TO SHOW CAUSE ENTERED 5-22-24
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On Behalf Of |
STEPHEN J. DIBERT
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Docket Date |
2024-05-22
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Type |
Order
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Subtype |
Order to Show Cause
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Description |
The respondent shall show cause by June 11, 2024, why this petition for writ of prohibition should not be granted. The petitioner may reply within 15 days of service of the response. This order operates as a stay of the lower tribunal proceedings pursuant to Florida Rule of Appellate Procedure 9.100(h). The stay remains in effect pending resolution of the petition or until lifted by order of this court.
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View |
View File
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Docket Date |
2024-05-15
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Type |
Notice
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Subtype |
Notice
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Description |
NOTICE THAT PETITION IS FULLY BRIEFED
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On Behalf Of |
Mark P. Stopa
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Docket Date |
2024-04-30
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Type |
Event
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Subtype |
Fee Satisfied
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Description |
Fee Satisfied
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Docket Date |
2024-04-17
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Type |
Order
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Subtype |
Order on Filing Fee
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Description |
This petition has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes.
Counsel for Petitioner shall forward the required $300.00 filing fee or, if applicable, an affidavit of insolvency in conformity with the requirements of chapter 57, Florida Statutes, to this court within twenty days from the date of this order.
If this court does not receive either of the above within the prescribed time, this petition may be subject to dismissal without further notice.
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View |
View File
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Docket Date |
2024-04-17
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Type |
Letter
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Subtype |
Acknowledgment Letter
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Description |
Acknowledgment Letter
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View |
View File
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Docket Date |
2024-04-17
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Type |
Record
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Subtype |
Appendix
|
Description |
Appendix
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Docket Date |
2024-04-17
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Type |
Petition
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Subtype |
Petition Prohibition
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Description |
Petition Prohibition
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Docket Date |
2024-06-18
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Type |
Disposition by Order
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Subtype |
Granted
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Description |
Petitioner's petition for a writ prohibiting Judge Mark F. Andrews from presiding further in circuit court case number 2019-9558-CI is granted as the motion to disqualify the judge filed in the circuit court was not ruled on timely. See Fla. R. Gen. Prac. & Jud. Admin. 2.330(l); cf. Berube v. State, 978 So. 2d 893 (Fla. 2d DCA 2008); see also Leila Corp. of St. Pete v. Ossi, 144 So. 3d 644, 646-47 (Fla. 2d DCA 2014); Baker v. State, 230 So. 3d 173, 174 (Fla. 1st DCA 1995). Accordingly, Chief Judge Shawn Crane shall immediately appoint a successor judge pursuant to Florida Rule of Judicial Administration 2.215(b)(4).
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View |
View File
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MARK P. STOPA, Petitioner(s) v. MFI-MIAMI, LLC, STEPHEN J. DIBERT, Respondent(s).
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2D2024-0884
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2024-04-12
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Closed
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Classification |
Original Proceedings - Circuit Civil - Mandamus
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Court |
2nd District Court of Appeal
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Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
19-8558-CI
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Parties
Name |
MARK P. STOPA
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
MFI-MIAMI, LLC
|
Role |
Respondent
|
Status |
Active
|
|
Name |
STEPHEN J. DIBERT
|
Role |
Respondent
|
Status |
Active
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Representations |
SAMANTHA STEVINS, ESQ.
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|
Name |
HON. MICHAEL F. ANDREWS
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Role |
Judge/Judicial Officer
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Status |
Active
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|
Name |
PINELLAS CLERK
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Role |
Lower Tribunal Clerk
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Status |
Active
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Docket Entries
Docket Date |
2024-05-16
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Type |
Disposition by Order
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Subtype |
Denied
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Description |
Petitioner's petition for writ of mandamus is denied as moot.
VILLANTI, LUCAS and LABRIT, JJ., Concur.
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View |
View File
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Docket Date |
2024-04-19
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Type |
Order
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Subtype |
Order on Motion/Notice Voluntary Dismissal (non-dispositive)
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Description |
Petitioner's notice of voluntary dismissal is denied without prejudice to file an unconditional notice of voluntary dismissal. See Hammerl v. State, 779 So. 2d 410 (Fla. 2d DCA 2000). Alternatively, if an unconditional notice is not filed within ten days of the date of this order, the petition may be denied as moot without further notice.
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View |
View File
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Docket Date |
2024-04-17
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Type |
Motions Other
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Subtype |
Motion/Notice Voluntary Dismissal
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Description |
NOTICE OF MOOTNESS AND VOLUNTARY DISMISSAL
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On Behalf Of |
MARK P. STOPA
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Docket Date |
2024-04-17
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Type |
Order
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Subtype |
Order to File Reply
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Description |
Petitioner may serve a reply within fifteen days of the date of this order.
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View |
View File
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Docket Date |
2024-04-15
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Type |
Response
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Subtype |
Response
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Description |
RESPONSE TO PETITION FOR WRIT OF MANDAMUS ON BEHALF OF MFI-MIAMI-HOLDINGS, LLC
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On Behalf Of |
STEPHEN J. DIBERT
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Docket Date |
2024-04-12
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Type |
Misc. Events
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Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
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Docket Date |
2024-04-12
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Type |
Record
|
Subtype |
Appendix
|
Description |
ORIGINAL APPENDIX OR ATTACHMENT
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On Behalf Of |
MARK P. STOPA
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|
Docket Date |
2024-04-12
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Type |
Letter
|
Subtype |
Acknowledgment Letter
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Description |
Acknowledgment Letter 1
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|
Docket Date |
2024-04-12
|
Type |
Petition
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Subtype |
Petition Mandamus
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Description |
Petition Mandamus
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On Behalf Of |
MARK P. STOPA
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MARK P. STOPA, Petitioner(s) v. STEPHEN J. DIBERT, Respondent(s).
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2D2024-0184
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2024-01-24
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Closed
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Classification |
Original Proceedings - Circuit Civil - Mandamus
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Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
19-8558-CI
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Parties
Name |
MARK P. STOPA
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
MFI-MIAMI, LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
STEPHEN J. DIBERT
|
Role |
Respondent
|
Status |
Active
|
Representations |
SAMANTHA STEVINS, ESQ.
|
|
Name |
HON. MICHAEL F. ANDREWS
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
PINELLAS CLERK
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Role |
Lower Tribunal Clerk
|
Status |
Active
|
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Docket Entries
Docket Date |
2024-04-15
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Type |
Order
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Subtype |
Order on Motion for Rehearing and Rehearing En Banc
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Description |
Petitioner's motion for clarification is granted. Petitioner's motions for rehearing, rehearing en banc, certification of conflict, and request for written opinion are denied.
This court's February 29, 2024, order is vacated. Petitioner's petition for writ of mandamus is denied. See Fla. R. Gen. Prac. & Jud. Admin. 2.516(b)(1)(F)(i) ("All documents served by e-mail must be sent by an e-mail message containing a subject line beginning with the words 'SERVICE OF COURT DOCUMENT' in all capital letters, followed by the case number and case style of the proceeding in which the documents are being served."); Baker v. State, 230 So. 3d 173, 174 (Fla. 1st DCA 2017) ("[I]mproper service of a motion to disqualify nullifies the portion of Florida Rule of [General Practice and Judicial Administration 2.330 (l)] that provides that such a motion is deemed granted if not ruled upon within 30 days.").
Although we deny the petition, we encourage Judge Michael Andrews to promptly enter a ruling on the motion to disqualify. Cf. Baker, 230 So. 3d at 174 (remanding for trial judge to rule on legal sufficiency of a motion to disqualify that was improperly served).
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View |
View File
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Docket Date |
2024-03-05
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Type |
Post-Disposition Motions
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Subtype |
Motion For Clarification
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Description |
Motion For Clarification ~ REHEARING, REHEARING EN BANC, REQUEST FOR CERTIFICATION OF CONFLICT,AND REQUEST FOR WRITTEN OPINION
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On Behalf Of |
MARK P. STOPA
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Docket Date |
2024-02-29
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Type |
Disposition by Order
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Subtype |
Denied
|
Description |
denial of mandamus ~ Petitioner's petition for writ of mandamus is denied.
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|
Docket Date |
2024-02-29
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Type |
Disposition
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Subtype |
Denied
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Description |
Denied - Order by Judge ~ VILLANTI, LUCAS, and SMITH
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Docket Date |
2024-02-27
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Type |
Response
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Subtype |
Reply
|
Description |
REPLY
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On Behalf Of |
MARK P. STOPA
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Docket Date |
2024-02-27
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Type |
Record
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Subtype |
Appendix to Response
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Description |
APPENDICES /ATTACHMENTS TO RESPONSE ~ REPLY
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On Behalf Of |
MARK P. STOPA
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Docket Date |
2024-02-20
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Type |
Response
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Subtype |
Response
|
Description |
RESPONSE ~ RESPONSE TO PETITION FOR WRIT OF MANDAMUS ON BEHALF OF MFI-MIAMI-HOLDINGS, LLC.
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On Behalf Of |
STEPHEN J. DIBERT
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Docket Date |
2024-01-24
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Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
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Docket Date |
2024-01-24
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Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Related Case
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On Behalf Of |
MARK P. STOPA
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Docket Date |
2024-01-24
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Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
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|
Docket Date |
2024-01-24
|
Type |
Petition
|
Subtype |
Petition Mandamus
|
Description |
Petition Mandamus
|
On Behalf Of |
MARK P. STOPA
|
|
Docket Date |
2024-01-24
|
Type |
Record
|
Subtype |
Appendix
|
Description |
ORIGINAL APPENDIX OR ATTACHMENT
|
On Behalf Of |
MARK P. STOPA
|
|
Docket Date |
2024-01-24
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Type |
Order
|
Subtype |
Order to Respond to Petition
|
Description |
mandamus - generic response/reply ~ Respondent shall serve a response to the petition for writ of mandamus within 30days. Petitioner may serve a reply within 15 days thereafter.
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MARK P. STOPA VS STEPHEN J. DIBERT, MFI-MIAMI, LLC
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2D2023-2350
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2023-10-27
|
Closed
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Classification |
Original Proceedings - Circuit Civil - Prohibition
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
19-8558-CI
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Parties
Name |
MARK P. STOPA
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
STEPHEN J. DIBERT
|
Role |
Respondent
|
Status |
Active
|
Representations |
SAMANTHA STEVINS, ESQ.
|
|
Name |
MFI-MIAMI, LLC
|
Role |
Respondent
|
Status |
Active
|
|
Name |
HON. MICHAEL F. ANDREWS
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
PINELLAS CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2024-02-26
|
Type |
Misc. Events
|
Subtype |
Case Closed
|
Description |
Case Closed
|
|
Docket Date |
2024-01-24
|
Type |
Disposition
|
Subtype |
Denied
|
Description |
Denied - Order by Judge ~ MORRIS, ROTHSTEIN-YOUAKIM, and LABRIT
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Docket Date |
2023-11-28
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ NOTICE OF FILING EMAILS REFLECTING SERVICE
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On Behalf Of |
MARK P. STOPA
|
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Docket Date |
2023-11-28
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Type |
Order
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Subtype |
Order Rejecting Filing
|
Description |
E-Filing Rejected ~ Petitioner has electronically submitted a document entitled appendix in multipleparts. The document must be combined into a single document unless it exceeds thefile size limit of the Florida Courts E-Filing Portal. This filing has been rejected and mustbe resubmitted in a form that complies with the applicable rules.
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Docket Date |
2023-11-28
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Trial Court Document
|
Description |
Miscellaneous Trial Court Order ~ ORDER OF INDIRECT CIVIL CONTEMPT AND WRIT OF BODILY ATTACHMENT
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On Behalf Of |
MARK P. STOPA
|
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Docket Date |
2023-11-27
|
Type |
Response
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Subtype |
Response
|
Description |
RESPONSE ~ RESPONSE TO WRIT OF PROHIBITIONON BEHALF OF MFI-MIAMI-HOLDINGS, LLC.
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On Behalf Of |
STEPHEN J. DIBERT
|
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Docket Date |
2023-11-06
|
Type |
Order
|
Subtype |
Order to Respond to Petition
|
Description |
prohibition response ~ Respondent shall serve a response to the petition for writ of prohibition by November 27, 2023. The petitioner may reply within 20 days of service of the response. This order does not operate as a stay of the lower tribunal proceedings pursuant to Florida Rule of Appellate Procedure 9.100(h).
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|
Docket Date |
2023-10-30
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2023-10-27
|
Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Related Case
|
On Behalf Of |
MARK P. STOPA
|
|
Docket Date |
2023-10-27
|
Type |
Petition
|
Subtype |
Petition
|
Description |
Petition Filed
|
On Behalf Of |
MARK P. STOPA
|
|
Docket Date |
2023-10-27
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2023-10-27
|
Type |
Record
|
Subtype |
Appendix
|
Description |
ORIGINAL APPENDIX OR ATTACHMENT
|
On Behalf Of |
MARK P. STOPA
|
|
Docket Date |
2024-01-24
|
Type |
Disposition by Order
|
Subtype |
Denied
|
Description |
denial of prohibition ~ Petitioner's petition for writ of prohibition is denied. See Fla. R. Gen Prac. & Jud.Admin. 2.330(d), (g); see also Wall v. State, 238 So. 3d 127, 143 (Fla. 2018) ("[T]hecontext of the hearing and history of the case as reflected in the record are relevant tounderstanding whether a movant has a well-founded fear of judicial bias."); Barwick v.State, 660 So. 2d 685, 694 (Fla. 1995) (in ruling on a motion to disqualify, a trial judge ispermitted to explain the status of the record); Joshua v. State, 254 So. 3d 419, 422-23(Fla. 4th DCA 2018) (speculative allegations will not establish grounds fordisqualification); Baker v. State, 230 So. 3d 173, 174 (Fla. 1st DCA 2017) ("[I]mproperservice of a motion to disqualify nullifies the portion of Florida Rule of JudicialAdministration [2.330] that provides that such a motion is deemed granted if not ruledupon within 30 days."); Pilkington v. Pilkington, 182 So. 3d 776, 779 (Fla. 5th DCA2015) ("Adverse or unfavorable legal rulings, without more, are not legally sufficientgrounds for disqualification."); Ellis v. Henning, 678 So. 2d 825, 827 (Fla. 4th DCA1996) ("Without a transcript or sworn factual allegations concerning the context in whichthe trial judge's alleged comments arose, we do not find that the allegations in plaintiff'smotions to disqualify set forth a legally sufficient ground for recusal.").
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