|
PATRICK LOVE VS POLK COUNTY CLERK OF COURT
|
2D2019-4370
|
2019-11-14
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Tenth Judicial Circuit, Polk County
15-CA-4486
|
Parties
| Name |
PATRICK LOVE, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
POLK COUNTY, CLERK OF COURT
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Withdrawn
|
| Representations |
LEANN PARKER, ESQ.
|
|
| Name |
HON. ELLEN S. MASTERS
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
POLK CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-07-15
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Dismissing Appeal - Lack of Jurisdiction ~ For the reasons cited in this court's June 4, 2020, order to show cause, this appeal is dismissed for lack of jurisdiction.
|
|
| Docket Date |
2020-09-11
|
| Type |
Supreme Court
|
| Subtype |
Review Sent to Supreme Court
|
| Description |
Review Sent to Supreme Court
|
|
| Docket Date |
2020-09-11
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
NOTICE OF APPEAL
|
|
| Docket Date |
2020-08-18
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ The appellant's suggestion for certification, treated as a motion for certification, isstricken as unauthorized. See Fla. R. App. P. 9.330(b).
|
|
| Docket Date |
2020-08-14
|
| Type |
Notice
|
| Subtype |
Suggestion for Immediate Resolution by FSC 9.125
|
| Description |
Motion SUGGEST T/CERT. CAUSE T/SC
|
| On Behalf Of |
PATRICK LOVE
|
|
| Docket Date |
2020-07-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-DENYING REHEARING ~ Appellant's motion for rehearing and motion for clarification is denied.
|
|
| Docket Date |
2020-07-27
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ and motion for clarification
|
| On Behalf Of |
PATRICK LOVE
|
|
| Docket Date |
2020-07-15
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ MORRIS, SLEET, and ROTHSTEIN-YOUAKIM
|
|
| Docket Date |
2020-07-15
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2020-07-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ LEGAL STANDARD A COURT SHOULD NOT GRANT A MOTION TO DISMISS UNLESS IT APPEARS HE CAN PROVE NO SET OF FACTS
|
| On Behalf Of |
PATRICK LOVE
|
|
| Docket Date |
2020-06-04
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
ORD-TO SHOW CAUSE ~ In light of the June 2, 2020, notice filed by the Attorney General and the caption of the order sought to be appealed, the State of Florida is replaced by the Polk County Clerk of Court as the appellee in this appeal. Pursuant to the same notice, Attorney Leann Parker has been docketed as counsel for the appellee.Within 20 days of the date of this order, the appellant shall show cause why this appeal should not be dismissed for want of jurisdiction. The court identifies at least two jurisdictional issues. First, the appellant challenged the underlying May 25, 2016, "order requiring Department of Corrections or local detention facility to withdraw funds" by a "motion to waive filing fees and to vacate court order dated May 25, 2016," filed on August 16, 2016 (mailbox rule, August 9, 2016). That motion was not timely as a motion for rehearing to challenge the May 25, 2016, order. At best, it was a motion to vacate pursuant to Florida Rule of Civil Procedure 1.540(b). The trial court eventually denied the motion by order dated March 18, 2019. The appellant then filed a motion for rehearing to challenge the March 18, 2019, order. However, as the appellant ultimately appears, in this case, to be appealing the March 18, 2019, order but as a motion for rehearing to challenge an order on a rule 1.540(b) motion does not toll rendition, see Fla. R. App. P. 9.130(a)(5), the notice of appeal in this case is untimely as to the March 18, 2019, order.Second, to the extent that the March 18, 2019, order can be construed as a final order subject to a motion for rehearing, the appellant timely filed a "motion for reconsideration of order denying relief" on April 10, 2019 (mailbox rule April 3, 2019), but then improperly filed what was essentially a successive motion for rehearing, his "motion for clarification," after the court had denied the motion for reconsideration. See, e.g., Capital Bank v. Knuck, 537 So. 2d 697, 698 (Fla. 3d DCA 1989) ("[T]he trial court has no authority . . . to permit the filing of any further motion for rehearing beyond the one authorized by Florida Rule of Civil Procedure 1.530."). The notice of appeal was required to have been filed within 30 days of rendition of the July 24, 2019, order denying motion for reconsideration but was filed as late as November 14, 2019. The notice of appeal was therefore untimely. See Fla. R. App. P. 9.020(h).
|
|
| Docket Date |
2020-06-02
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ TO THE COURT
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2020-05-29
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-DISCHARGING SHOW CAUSE ~ The order on appeal is contained in the record, which has been transmitted to this court. The November 14, 2019, order to show cause is discharged.
|
|
| Docket Date |
2020-05-28
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
Order for Immediate Filing of Brief ~ Appellee's answer brief shall be served within 20 days from the date of this order.
|
|
| Docket Date |
2020-03-18
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
PATRICK LOVE
|
|
| Docket Date |
2020-02-28
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
Order for Immediate Filing of Brief ~ Appellant's initial brief shall be served within 20 days from the date of this order.
|
|
| Docket Date |
2020-02-21
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
ORD-L.T. INSOLVENCY OR INDIGE.
|
|
| Docket Date |
2020-02-07
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ MASTERS - REDACTED - 120 PAGES
|
|
| Docket Date |
2020-01-27
|
| Type |
Miscellaneous Document
|
| Subtype |
Lower Tribunal Insolvency
|
| Description |
LOWER TRIBUNAL INSOLVENCY
|
| On Behalf Of |
POLK CLERK
|
|
| Docket Date |
2019-12-10
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee affidavit in appeals/wrong court ~ Appellant's submission of motion to appear forma pauperis does not fulfill the requirements of this court's fee order of November 14, 2019. If appellant qualifies for a filing fee waiver, he/she must submit an order or certificate of insolvency from the lower tribunal. The motion for a determination of insolvency must be submitted to the lower tribunal, and the resulting order or certificate then forwarded to this court. The filing fee or order/certificate of indigency from the lower tribunal shall be remitted within twenty days.
|
|
| Docket Date |
2019-12-09
|
| Type |
Motions Other
|
| Subtype |
Motion To Appear Forma Pauperis
|
| Description |
Motion To Appear Forma Pauperis
|
| On Behalf Of |
PATRICK LOVE
|
|
| Docket Date |
2019-11-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2019-11-14
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
PATRICK LOVE
|
|
| Docket Date |
2019-11-14
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; pro se
|
|
| Docket Date |
2019-11-14
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF:Not Required
|
|
| Docket Date |
2019-11-07
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ NON CERTIFIED COPY OF NOA
|
| On Behalf Of |
PATRICK LOVE
|
|
|
|
PATRICK LOVE VS STATE OF FLORIDA
|
2D2019-3744
|
2019-09-27
|
Closed
|
|
| Classification |
NOA Final - Circuit Criminal - 3.850 Summary
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Tenth Judicial Circuit, Polk County
2019CA-003255-0000-00
|
Parties
| Name |
PATRICK LOVE, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
C. TODD CHAPMAN, A.A.G., Attorney General, Tampa
|
|
| Name |
HON. ELLEN S. MASTERS
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
POLK CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-09-27
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
PATRICK LOVE
|
|
| Docket Date |
2019-09-27
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF1:No Fee-3.850
|
|
| Docket Date |
2019-09-27
|
| Type |
Order
|
| Subtype |
Summary Appeals
|
| Description |
set up as summary; brief advice
|
|
| Docket Date |
2019-09-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2019-10-02
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2019-09-30
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ MASTERS, 87 PGS.
|
| On Behalf Of |
POLK CLERK
|
|
| Docket Date |
2020-06-10
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-06-04
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Miscellaneous
|
| Description |
Supreme Court Disposition ~ This case is hereby dismissed. This Court lacks jurisdiction to review anunelaborated decision from a district court of appeal that is issued without opinionor explanation or that merely cites to an authority that is not a case pending reviewin, or reversed or quashed by, this Court. See Wells v. State, 132 So. 3d 1110 (Fla.2014); Jackson v. State, 926 So. 2d 1262 (Fla. 2006); Gandy v. State, 846 So. 2d1141 (Fla. 2003); Stallworth v. Moore, 827 So. 2d 974 (Fla. 2002); Harrison v.Hyster Co., 515 So. 2d 1279 (Fla. 1987); Dodi Publ’g Co. v. Editorial Am. S.A.,385 So. 2d 1369 (Fla. 1980); Jenkins v. State, 385 So. 2d 1356 (Fla. 1980).No motion for rehearing or reinstatement will be entertained by the Court.
|
|
| Docket Date |
2020-06-01
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
NOTICE OF DISCRETN. JURISDICTN
|
|
| Docket Date |
2020-05-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-DENYING REHEARING ~ Appellant's amended motion for rehearing is denied.
|
|
| Docket Date |
2020-05-11
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ AMENDED
|
| On Behalf Of |
PATRICK LOVE
|
|
| Docket Date |
2020-04-29
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
PATRICK LOVE
|
|
| Docket Date |
2020-04-15
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Citation
|
|
| Docket Date |
2020-01-24
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF SUBSTITUTION OF COUNSEL
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2019-11-14
|
| Type |
Notice
|
| Subtype |
Notice of Filing No Answer Brief
|
| Description |
Letter - A.G. will not be filing a brief
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2019-10-31
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Appellant Initial Brief w/Appendix
|
| On Behalf Of |
PATRICK LOVE
|
|
|
|
PATRICK LOVE VS STATE OF FLORIDA
|
2D2018-3008
|
2018-07-30
|
Closed
|
|
| Classification |
NOA Final - Circuit Criminal - 3.800 Summary
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Tenth Judicial Circuit, Polk County
CF07-006495-XX
|
Parties
| Name |
PATRICK LOVE, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Attorney General, Tampa, PETER KOCLANES, A.A.G.
|
|
| Name |
HON. J. KEVIN ABDONEY
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
2DCA CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
POLK CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-04-15
|
| Type |
Order
|
| Subtype |
Article I, Section 16(b)(10)b., Fla. Const. Order - Time Expired
|
| Description |
Case Initiated After Time Expired
|
|
| Docket Date |
2019-03-12
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2019-03-11
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Miscellaneous
|
| Description |
Supreme Court Disposition ~ This case is hereby dismissed. This Court lacks jurisdiction to review anunelaborated decision from a district court of appeal that is issued without opinionor explanation or that merely cites to an authority that is not a case pending reviewin, or reversed or quashed by, this Court. See Wells v. State, 132 So. 3d 1110 (Fla.2014); Jackson v. State, 926 So. 2d 1262 (Fla. 2006); Gandy v. State, 846 So. 2d1141 (Fla. 2003); Stallworth v. Moore, 827 So. 2d 974 (Fla. 2002); Harrison v.Hyster Co., 515 So. 2d 1279 (Fla. 1987); Dodi Publ’g Co. v. Editorial Am. S.A.,385 So. 2d 1369 (Fla. 1980); Jenkins v. State, 385 So. 2d 1356 (Fla. 1980).No motion for rehearing or reinstatement will be entertained by the Court.
|
|
| Docket Date |
2019-03-06
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
NOTICE OF DISCRETN. JURISDICTN
|
|
| Docket Date |
2019-02-06
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Citation
|
|
| Docket Date |
2018-08-22
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
PATRICK LOVE
|
|
| Docket Date |
2018-08-06
|
| Type |
Notice
|
| Subtype |
Notice of Filing No Answer Brief
|
| Description |
Letter - A.G. will not be filing a brief
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2018-07-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF2:No Fee-3.800
|
|
| Docket Date |
2018-07-30
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
PATRICK LOVE
|
|
| Docket Date |
2018-07-30
|
| Type |
Order
|
| Subtype |
Summary Appeals
|
| Description |
set up as summary; brief advice
|
|
| Docket Date |
2018-07-30
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2018-07-25
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records
|
| On Behalf Of |
POLK CLERK
|
|
| Docket Date |
2018-07-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ NOT CERTIFIED
|
| On Behalf Of |
PATRICK LOVE
|
|
|
|
PATRICK LOVE VS STATE OF FLORIDA
|
2D2017-3715
|
2017-09-19
|
Closed
|
|
| Classification |
NOA Final - Circuit Criminal - 3.850 Summary
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Tenth Judicial Circuit, Polk County
CF07-6495
|
Parties
| Name |
PATRICK LOVE, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Attorney General, Tampa, PETER KOCLANES, A.A.G.
|
|
| Name |
HON. J. KEVIN ABDONEY
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
POLK CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-05-07
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-04-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-DENYING REHEARING ~ Appellant's motion for rehearing is denied.
|
|
| Docket Date |
2018-03-08
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
PATRICK LOVE
|
|
| Docket Date |
2018-02-23
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2017-10-12
|
| Type |
Notice
|
| Subtype |
Notice of Filing No Answer Brief
|
| Description |
Letter - A.G. will not be filing a brief
|
| On Behalf Of |
STATE OF FLORIDA
|
|
| Docket Date |
2017-10-09
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
PATRICK LOVE
|
|
| Docket Date |
2017-09-20
|
| Type |
Order
|
| Subtype |
Summary Appeals
|
| Description |
set up as summary; brief advice
|
|
| Docket Date |
2017-09-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2017-09-19
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF1:No Fee-3.850
|
|
| Docket Date |
2017-09-19
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
PATRICK LOVE
|
|
| Docket Date |
2017-09-07
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ SUMMARY
|
| On Behalf Of |
POLK CLERK
|
|
|
|
PATRICK LOVE VS STATE OF FLORIDA
|
2D2012-4685
|
2012-09-12
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Criminal - Certiorari
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Tenth Judicial Circuit, Polk County
CF07-006495-XX
|
Parties
| Name |
PATRICK LOVE, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ATTORNEY GENERAL
|
|
| Name |
POLK CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-02-07
|
| Type |
Misc. Events
|
| Subtype |
Case Destroyed
|
| Description |
Case Destroyed
|
|
| Docket Date |
2012-11-29
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2012-11-13
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order
|
|
| Docket Date |
2012-10-29
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
PATRICK LOVE
|
|
| Docket Date |
2012-10-29
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ FINANCIAL CERTIFICATE PS Patrick Love H01943
|
|
| Docket Date |
2012-10-02
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ Wallace, Morris and Black
|
|
| Docket Date |
2012-10-02
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
certiorari dismissed
|
|
| Docket Date |
2012-09-12
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
| Docket Date |
2012-09-12
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed ~ ARISES FROM A 3.850
|
| On Behalf Of |
PATRICK LOVE
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