Docket Date |
2023-04-17
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Type |
Supreme Court
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Subtype |
Supreme Court Miscellaneous
|
Description |
Supreme Court Disposition ~ This cause having heretofore been submitted to the Court onjurisdictional briefs and portions of the record deemed necessary toreflect jurisdiction under Article V, Section 3(b), FloridaConstitution, and the Court having determined that it shoulddecline to accept jurisdiction, it is ordered that the petition forreview is denied.No motion for rehearing will be entertained by the Court. SeeFla. R. App. P. 9.330(d)(2).CANADY, LABARGA, COURIEL, GROSSHANS, and FRANCIS, JJ.,concur.
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Docket Date |
2023-01-23
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Type |
Supreme Court
|
Subtype |
Acknowledged Receipt from Supreme Court
|
Description |
Acknowledged Receipt from Supreme Court
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Docket Date |
2023-01-20
|
Type |
Supreme Court
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Subtype |
Notice to Invok. Disc. Jur. FSC
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Description |
Notice of Discretional Jurisdiction to Supreme Court
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On Behalf Of |
JAMES SPRACKLEN
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Docket Date |
2023-01-11
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Type |
Mandate
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Subtype |
Mandate
|
Description |
Mandate
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Docket Date |
2023-01-11
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Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
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Docket Date |
2022-12-21
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Type |
Disposition by Opinion
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Subtype |
Reversed
|
Description |
Reversed - Authored Opinion ~ and remanded.
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Docket Date |
2022-09-15
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Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Deny Miscellaneous Motion-79a ~ Appellee's request for judicial notice is denied. Appellant's motion to strike Appellee's request for judicial notice is denied.
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Docket Date |
2022-09-12
|
Type |
Response
|
Subtype |
Objection
|
Description |
OBJECTION ~ APPELLEE'S OPPOSITION TO MOTION TO STRIKE APPELLEE'S REQUEST FOR JUDICIAL NOTICE
|
On Behalf Of |
JAMES SPRACKLEN
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Docket Date |
2022-08-24
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Type |
Motions Other
|
Subtype |
Motion To Strike
|
Description |
Motion To Strike ~ MOTION TO STRIKE APPELLEE'S REQUEST FORJUDICIAL NOTICE
|
On Behalf Of |
JAMES SPRACKLEN
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|
Docket Date |
2022-08-09
|
Type |
Misc. Events
|
Subtype |
Oral Argument Date Set
|
Description |
Oral Argument Date Set ~ Remote
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Docket Date |
2022-08-09
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Type |
Motions Other
|
Subtype |
Motion/Request for Judicial Notice
|
Description |
Request for Judicial Notice ~ APPELLEE'S REQUEST FOR JUDICIAL NOTICE
|
On Behalf Of |
JAMES SPRACKLEN
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Docket Date |
2022-08-05
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
JAMES SPRACKLEN
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|
Docket Date |
2022-06-07
|
Type |
Order
|
Subtype |
Order Re: Video Oral Argument
|
Description |
OA Notice Video ~ This case is provisionally set for oral argument on TUESDAY, AUGUST 09, 2022, at 11:00 A.M., before: Judge Stevan T. Northcutt, Judge Darryl C. Casanueva, Judge Nelly N. Khouzam. The oral argument will be conducted by video conference. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to sign in by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument, the attorneys or parties will be notified by order no less than two weeks before the scheduled date. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.Within ten days from the date of this order, any attorney or party who will be presenting argument is requested to provide the Clerk of the Court with the email address where the video invitation should be sent and a telephone number. This information may be sent by email to 2dcaClerk@flcourts.org. The Clerk of the Court will provide each participant with connection instructions, including the opportunity for a test session, before the argument.
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Docket Date |
2022-04-20
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Type |
Order
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Subtype |
Order on Miscellaneous Motion
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Description |
Grant Miscellaneous Motion-79 ~ Appellant's Motion to Consider Response and Motion to Amend Initial Brief Timely Filed is granted to the extent that the response and motion to amend have been considered by this court. Appellee, James Spracklen's, Motion for Extension of Time to File Response is granted to the extent that appellee's response to the motion for leave to file an amended initial brief has been considered by this court.
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Docket Date |
2022-04-14
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Type |
Response
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Subtype |
Response
|
Description |
RESPONSE ~ APPELLEE, JAMES SPRACKLEN'S RESPONSE OPPOSING APPELLANT'S MOTION TO AMEND INITIAL BRIEF
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On Behalf Of |
JAMES SPRACKLEN
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Docket Date |
2022-04-12
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response ~ APPELLEE, JAMES SPRACKLEN'S MOTION FOREXTENSION OF TIME TO FILE RESPONSE
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On Behalf Of |
JAMES SPRACKLEN
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Docket Date |
2022-03-24
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLANT, LINDA COMMONS' RESPONSE TO APPELLEE'S MOTION TO STRIKE APPELLANT'S REPLY BRIEF FOR RAISING TWO NEW ISSUES FOR THE FIRST TIME IN REPLY, AND MOTION TO AMEND COMMONS' INITIAL BRIEF
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On Behalf Of |
JAMES SPRACKLEN
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|
Docket Date |
2022-03-24
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion to Accept Brief as Timely
|
Description |
Motion To Accept Timely Brief ~ MOTION TO CONSIDER RESPONSE AND MOTION TO AMEND INITIAL BRIEF TIMELY FILED
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On Behalf Of |
JAMES SPRACKLEN
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|
Docket Date |
2022-03-23
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Grant EOT (general)-74c ~ Appellant's Motion for a Two-Day Extension of Time to Respond to Appellee'sMotion to Strike is granted and the response shall be served within two days of thisorder.
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Docket Date |
2022-03-22
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion Extension of time To File Response ~ MOTION FOR TWO-DAY EXTENSION OF TIME TO RESPOND TO APPELLEE'S MOTION TO STRIKE
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On Behalf Of |
JAMES SPRACKLEN
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Docket Date |
2022-03-17
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ APPELLANT'S MOTION TO ACCEPT ATTACHED AMENDED REPLY BRIEF WITH CORRECTED RECORD CITES AND DEEM IT FILED
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On Behalf Of |
LINDA BELLOMIO COMMONS, ESQ.
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|
Docket Date |
2022-03-17
|
Type |
Brief
|
Subtype |
Appendix
|
Description |
Appendix for Reply Brief ~ APPELLANT'S AMENDED APPENDIX TO REPLY BRIEF
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On Behalf Of |
LINDA BELLOMIO COMMONS, ESQ.
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Docket Date |
2022-03-09
|
Type |
Motions Other
|
Subtype |
Motion To Strike
|
Description |
Motion To Strike ~ APPELLEE JAMES SPRACKLEN'S MOTION TO STRIKE APPELLANT'S REPLY BRIEF RAISING TWO NEW ISSUES FOR THE FIRST TIME IN REPLY
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On Behalf Of |
JAMES SPRACKLEN
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Docket Date |
2022-03-07
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ The appendix to the reply brief is not paginated so that the page numbers displayed by the PDF reader match the index pagination as required by Florida Rule of Appellate Procedure 9.220(c). Appellant shall file a corrected appendix within ten days from the date of this order.
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Docket Date |
2022-03-01
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Type |
Order
|
Subtype |
Order on Motion to Accept Brief as Timely
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Description |
GR T/ACCEPT BRF FILED AS TIMELY ~ Appellant's Motion to Accept Brief as Timely Filed is granted, and Appellant'sreply brief filed February 28, 2022, is accepted as timely filed.
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Docket Date |
2022-02-28
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Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant Reply Brief ~ **STRICKEN-SEE 04/20/22 ORDER**
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On Behalf Of |
JAMES SPRACKLEN
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|
Docket Date |
2022-02-28
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion to Accept Brief as Timely
|
Description |
Motion To Accept Timely Brief ~ APPELLANT'S MOTION TO ACCEPT BRIEF AS TIMELY FILED
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On Behalf Of |
LINDA BELLOMIO COMMONS, ESQ.
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|
Docket Date |
2022-02-22
|
Type |
Brief
|
Subtype |
Amended Answer Brief
|
Description |
Amended Appellee Answer Brief ~ APPELLEE'S SECOND AMENDED ANSWER BRIEF
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On Behalf Of |
JAMES SPRACKLEN
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|
Docket Date |
2022-02-18
|
Type |
Order
|
Subtype |
Order on Motion To Strike
|
Description |
Grant Motion to Strike ~ Appellant's Motion to Strike Amended Answer Brief with Prejudice is granted onlyto the extent that Appellee's Amended Answer Brief filed August 25, 2021, is stricken.Within 3 days of this order, Appellee shall serve an amended answer brief that isidentical to the brief filed on August 25, 2021, except that the second sentence of thefirst full paragraph on page 16 shall be omitted. Within 5 days of this order, Appellantshall serve the reply brief, or this appeal will proceed without a reply brief.
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Docket Date |
2022-01-28
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Type |
Response
|
Subtype |
Objection
|
Description |
OBJECTION ~ APPELLEES' OPPOSITION TO MOTION TO STRIKE APPELLEES' AMENDED ANSWER BRIEF
|
On Behalf Of |
JAMES SPRACKLEN
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|
Docket Date |
2022-01-20
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Grant EOT (general)-74c ~ Appellees' Agreed Motion for Extension of Time to File Response to Motion to Strike is granted, and Appellees shall serve a response to Appellant's Motion to Strike Amended Answer Brief with Prejudice on or before January 28, 2022.
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Docket Date |
2022-01-18
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response ~ AGREED MOTION FOR EXTENSION OF TIME FOR FILING RESPONSE TOMOTION TO STRIKE
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On Behalf Of |
JAMES SPRACKLEN
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|
Docket Date |
2022-01-10
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to File Response
|
Description |
Grant EOT Response to Court Order-74a ~ Appellee's Motion for Extension of Time for Filing Response to Motion to Strike is granted, and appellee shall serve a response to serve a response to Appellant's Motion to Strike Amended Answer Brief with Prejudice on or before January 18, 2022.
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Docket Date |
2022-01-06
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response ~ MOTION FOR EXTENSION OF TIME FOR FILING RESPONSE TO MOTION TO STRIKE
|
On Behalf Of |
JAMES SPRACKLEN
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|
Docket Date |
2021-12-20
|
Type |
Motions Other
|
Subtype |
Motion To Strike
|
Description |
Motion To Strike ~ MOTION TO STRIKE AMENDED ANSWERBRIEF WITH PREJUDICE
|
On Behalf Of |
LINDA BELLOMIO COMMONS, ESQ.
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Docket Date |
2021-12-13
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
Description |
ORDER GRANTING APPELLANT'S REPLY BRIEF ~ Appellant's motion for extension of time is granted, and the reply brief shall beserved within five days from the date of this order.
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Docket Date |
2021-11-24
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Reply Brief
|
Description |
Mot. for Extension of Time to File Reply Brief ~ MOTION FOR EXTENSION OF TIMEFOR REPLY BRIEF
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On Behalf Of |
LINDA BELLOMIO COMMONS, ESQ.
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|
Docket Date |
2021-10-27
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
Description |
ORDER GRANTING APPELLANT'S REPLY BRIEF ~ Appellant's motion for extension of time is granted, and the reply brief shall beserved by November 24, 2021.
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Docket Date |
2021-10-25
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Reply Brief
|
Description |
Mot. for Extension of Time to File Reply Brief ~ UNOPPOSED MOTION FOR EXTENSION OF TIMEFOR REPLY BRIEF
|
On Behalf Of |
JAMES SPRACKLEN
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|
Docket Date |
2021-09-24
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30 - RB DUE 10/25/21
|
On Behalf Of |
JAMES SPRACKLEN
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|
Docket Date |
2021-08-25
|
Type |
Brief
|
Subtype |
Amended Answer Brief
|
Description |
Amended Appellee Answer Brief
|
On Behalf Of |
JAMES SPRACKLEN
|
|
Docket Date |
2021-08-25
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ NOTICE OF FILING AMENDED APPENDIX TO ANSWER BRIEF
|
On Behalf Of |
JAMES SPRACKLEN
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|
Docket Date |
2021-08-05
|
Type |
Order
|
Subtype |
Order on Motion To Strike
|
Description |
Grant Motion to Strike ~ Because the appendix to the answer brief contains extra record material that is cited in the answer brief, Appellant's motion to strike portions of the Appellee's answer brief and appendix is granted to the extent that the answer brief and appendix are stricken. Within twenty days of the date of this order, Appellee shall serve an amended answer brief and appendix. The amended appendix must only contain "portions of the record and other authorities." Fla. R. App. P. 9.220(b); Agency for Health Care Admin. v. Orlando Regional Healthcare System, Inc., 617 So. 2d 385, 389 (Fla. 1st DCA 1993) (review of nonfinal agency action; "It is basic that an appeal asserting error on the part of a lower tribunal can only be based on evidence presented to that lower tribunal.").
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|
Docket Date |
2021-07-28
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ TO APPELLANT'S RESPONSE TO APPELLEE'S MOTION FOR LEAVE TO FILE SUPPLEMENTAL APPENDIX AND APPELLANT'S MOTION TO STRIKE PROTIONS(sic) OF APPELLEE'S ANSWER BRIEF AND APPENDIX PURSUANT TO FLA. R. CIV. P. 9.300(a)
|
On Behalf Of |
JAMES SPRACKLEN
|
|
Docket Date |
2021-07-23
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument ~ APPELLEE'S AMENDED REQUEST FOR ORAL ARGUMENT
|
On Behalf Of |
JAMES SPRACKLEN
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|
Docket Date |
2021-07-20
|
Type |
Order
|
Subtype |
Order on Motion/Request for Oral Argument
|
Description |
Amended OA Request Permitted ~ Within five days from the date of this order, an amended request for oral argument may be filed if a party requests that the argument be conducted by video. The manner of oral argument will be decided in the court's discretion. An amended request for oral argument must state the reason in support, and it must indicate that the requesting party has consulted opposing counsel and is authorized to represent that opposing counsel either has no objection or will file an objection. A party objecting to an amended request must file a response within five days after service of the amended request.
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Docket Date |
2021-07-13
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ RESPONSE IN OPPOSITION TO APPELLEE'S MOTION FOR LEAVE TO FILE SUPPLEMENTAL APPENDIX AND APPELLANT'S MOTION TO STRIKE PROTIONS OF APPELLEE'S ANSWER BRIEF AND APPENDIX
|
On Behalf Of |
JAMES SPRACKLEN
|
|
Docket Date |
2021-07-13
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
JAMES SPRACKLEN
|
|
Docket Date |
2021-06-25
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ APPELLEE JAMES SPRACKLEN'S MOTION FORLEAVE TO FILE SUPPLEMENTAL APPENDIX
|
On Behalf Of |
JAMES SPRACKLEN
|
|
Docket Date |
2021-06-09
|
Type |
Brief
|
Subtype |
Appendix
|
Description |
Appendix for Answer Brief ~ CORRECTED
|
On Behalf Of |
JAMES SPRACKLEN
|
|
Docket Date |
2021-06-01
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ The appendix to the answer brief is not text searchable and the page numbers do not match the pagination displayed by the PDF reader as required by Florida Rule of Appellate Procedure 9.220(c). Appellee shall file a corrected appendix within ten days from the date of this order.
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|
Docket Date |
2021-05-27
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
JAMES SPRACKLEN
|
|
Docket Date |
2021-05-26
|
Type |
Brief
|
Subtype |
Appendix
|
Description |
Appendix for Answer Brief ~ APPENDIX NOT TEXT SEARCHABLE AND PAGINATION ERROR
|
On Behalf Of |
JAMES SPRACKLEN
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|
Docket Date |
2021-05-18
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shall be served within five days from the date of this order.
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|
Docket Date |
2021-05-14
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extension of time to file Answer Brief ~ AGREED MOTION FOR EXTENSION OF TIMETO FILE APPELLEE'S ANSWER BRIEF
|
On Behalf Of |
JAMES SPRACKLEN
|
|
Docket Date |
2021-05-07
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shallbe served by May 14, 2021.
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|
Docket Date |
2021-05-05
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extension of time to file Answer Brief
|
On Behalf Of |
JAMES SPRACKLEN
|
|
Docket Date |
2021-04-05
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee James Spracklen's motion for extension of time is granted, and the answer brief shall be served by May 5, 2021.
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|
Docket Date |
2021-04-01
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extension of time to file Answer Brief
|
On Behalf Of |
JAMES SPRACKLEN
|
|
Docket Date |
2021-02-04
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 60 - AB DUE 4/5/21
|
On Behalf Of |
JAMES SPRACKLEN
|
|
Docket Date |
2021-01-20
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits
|
On Behalf Of |
LINDA BELLOMIO COMMONS, ESQ.
|
|
Docket Date |
2020-12-28
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served by January 18, 2021.
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|
Docket Date |
2020-12-23
|
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 |
LINDA BELLOMIO COMMONS, ESQ.
|
|
Docket Date |
2020-12-18
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served by December 23, 2020.
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|
Docket Date |
2020-12-16
|
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 |
JAMES SPRACKLEN
|
|
Docket Date |
2020-11-16
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30 - IB DUE 12/16/20
|
On Behalf Of |
JAMES SPRACKLEN
|
|
Docket Date |
2020-09-15
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
LINDA BELLOMIO COMMONS, ESQ.
|
|
Docket Date |
2020-09-11
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ BYRD **CONFIDENTIAL** 484 PAGES
|
|
Docket Date |
2020-07-09
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid through Portal
|
|
Docket Date |
2020-07-09
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
fee - civil; pro se
|
|
Docket Date |
2020-07-09
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2020-07-09
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ WITH ORDER
|
On Behalf Of |
LINDA BELLOMIO COMMONS, ESQ.
|
|