|
Ron Carpenter and Strategic Land and Property Sales, LLC, Appellant(s) v. Scott T. Archer, Barclay Group, Barclay Group Holdings Limited, LLLP, Barclay Group Operations, LLC, BGV Limited, LLLP, BVK Wellington Estates, LLC, David S. Coia, Daniel Vietto, and BVK Muirfield Village, LLC, Appellee(s).
|
2D2024-1554
|
2024-07-05
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
15-2562-CI, 18-1021-CI
|
Parties
| Name |
Ron Carpenter
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
John Eamon Johnson, Emily Jane Thompson
|
|
| Name |
Strategic Land and Property Sales, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
John Eamon Johnson, Emily Jane Thompson
|
|
| Name |
Scott T. Archer
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Robert V. Potter, Jr.
|
|
| Name |
BARCLAY GROUP, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BARCLAY GROUP HOLDINGS LIMITED, LLLP
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BARCLAY GROUP OPERATIONS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BGV LIMITED, LLLP
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BVK - WELLINGTON ESTATES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
David S. Coia
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Daniel Vietto
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BVK - MUIRFIELD VILLAGE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Patricia Ann Muscarella
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Pinellas Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-25
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
Scott T. Archer
|
|
| Docket Date |
2024-11-04
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended CONSOLIDATED Initial Brief
|
| On Behalf Of |
Ron Carpenter
|
|
| Docket Date |
2024-11-04
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
ADDENDUM TO SUPPLEMENT - 220 PAGES
|
|
| Docket Date |
2024-10-29
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
188 PAGES
|
|
| Docket Date |
2024-10-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
This court has received a motion for extension of time that is dependent on the action of the circuit or agency clerk or court reporter. To facilitate monitoring compliance with this order, the court is unwilling to grant an extension of time to a date that is subject to future action by third parties. As such, the Appellants' motion is granted to the extent that the initial brief shall be served within ten days. If the Appellants are unable to timely serve the brief due to the delay of this third party, the next appropriate step is the filing of a motion to compel in this court.
|
| View |
View File
|
|
| Docket Date |
2024-10-23
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
APPELLANTS' MOTION FOR EXTENSION OF TIME TO FILE AMENDED CONSOLIDATED INITIAL BRIEF
|
| On Behalf Of |
Ron Carpenter
|
|
| Docket Date |
2024-09-25
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
The above cases are consolidated for appeal for all purposes. The appeals shall share the record transmitted in Case 2D2024-1554. Within 10 days of the date of this order, Appellants shall make arrangements with the lower tribunal clerk to supplement the record in Case 2D2024-1554 with any record items necessary for the disposition of the order appealed in Case 2D2024-0589, and the clerk shall transmit the supplemental record within 25 days of the date of this order.
The initial briefs filed in Case 2D2024-0589 and Case 2D2024-1554 are stricken. Within 30 days of the date of this order, Appellants shall serve an amended consolidated initial brief in Case 2D2024-1554. All electronic filings in these consolidated cases shall be filed using Case 2D2024-1554.
|
| View |
View File
|
|
| Docket Date |
2024-09-06
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Ron Carpenter
|
|
| Docket Date |
2024-08-28
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
Ron Carpenter
|
|
| Docket Date |
2024-08-09
|
| Type |
Record
|
| Subtype |
Record on Appeal Redacted
|
| Description |
MUSCARELLA - 1348 PAGES
|
|
| Docket Date |
2024-07-12
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Related Case or Issue
|
| On Behalf Of |
Ron Carpenter
|
|
| Docket Date |
2024-07-08
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
Ron Carpenter
|
| View |
View File
|
|
| Docket Date |
2024-07-05
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-07-05
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
W/ORDER
|
| On Behalf Of |
Ron Carpenter
|
|
| Docket Date |
2024-07-05
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes.
The attorney for Appellant shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding Appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.
If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
| View |
View File
|
|
| Docket Date |
2024-12-23
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
Ron Carpenter
|
|
|
|
RON CARPENTER AND STRATEGIC LAND AND PROPERTY SALES, LLC, Appellant(s) v. SCOTT T. ARCHER, ET AL. Appellee(s).
|
2D2024-0589
|
2024-03-11
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
15-CA-002562, 2018CA-001021
Circuit Court for the Sixth Judicial Circuit, Pinellas County
2018CA-001021
|
Parties
| Name |
STRATEGIC LAND AND PROPERTY SALES, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
SCOTT T. ARCHER
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Robert V. Potter, Jr.
|
|
| Name |
DANIEL VIETTO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BGV LIMITED, LLLP
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BARCLAY GROUP HOLDINGS LIMITED, LLLP
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BARCLAY GROUP, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BVK - MUIRFIELD VILLAGE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DAVID S. COIA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BVK - WELLINGTON ESTATES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BARCLAY GROUP OPERATIONS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. PATRICIA A. MUSCARELLA
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Pinellas Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
RON CARPENTER
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
John Eamon Johnson, Emily Jane Thompson
|
|
Docket Entries
| Docket Date |
2024-09-11
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
RON CARPENTER
|
| View |
View File
|
|
| Docket Date |
2024-11-04
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
ADDENDUM TO SUPPLEMENT - 220 PAGES
|
|
| Docket Date |
2024-10-29
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
188 PAGES
|
|
| Docket Date |
2024-10-23
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
APPELLANTS' MOTION FOR EXTENSION OF TIME TO FILE AMENDED CONSOLIDATED INITIAL BRIEF
|
| On Behalf Of |
Ron Carpenter
|
|
| Docket Date |
2024-08-28
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
RON CARPENTER
|
|
| Docket Date |
2024-08-09
|
| Type |
Record
|
| Subtype |
Record on Appeal Redacted
|
| Description |
MUSCARELLA - 217 PAGES
|
|
| Docket Date |
2024-07-16
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
RON CARPENTER
|
|
| Docket Date |
2024-07-15
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
RON CARPENTER
|
|
| Docket Date |
2024-06-18
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
APPELLANTS' STATUS REPORT ON NOTICE OF MOTION FOR
RECONSIDERATION PENDING IN LOWER TRIBUNAL
|
| On Behalf Of |
RON CARPENTER
|
|
| Docket Date |
2024-06-18
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
MOTION TO WITHDRAW AS COUNSEL FOR APPELLANTS, RON
CARPENTER AND STRATEGIC LAND AND PROPERTY SALES, LLC
|
| On Behalf Of |
RON CARPENTER
|
|
| Docket Date |
2024-05-24
|
| Type |
Order
|
| Subtype |
Abeyance Order
|
| Description |
Appellant shall notify this court upon disposition of the motion(s) tolling rendition or shall file a status report within thirty days from the date of this order, whichever occurs first.
|
| View |
View File
|
|
| Docket Date |
2024-05-21
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
RON CARPENTER
|
|
| Docket Date |
2024-04-17
|
| Type |
Order
|
| Subtype |
Abeyance Order
|
| Description |
It appears that motion(s) are pending in the lower tribunal with the effect of delaying rendition pursuant to Florida Rule of Appellate Procedure 9.020(h). If there are no such motions pending, Appellant shall notify this court within five days. If there are such motion(s) pending, Appellant shall notify this court upon disposition of the motion(s) or shall file a status report within thirty days from the date of this order, whichever occurs first.
|
| View |
View File
|
|
| Docket Date |
2024-04-15
|
| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
|
| Docket Date |
2024-04-09
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ NOTICE OF MOTION FOR RECONSIDERATION PENDING IN LOWER TRIBUNAL
|
| On Behalf Of |
RON CARPENTER
|
|
| Docket Date |
2024-04-09
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF PAYMENT OF APPELLATE FEE
|
| On Behalf Of |
RON CARPENTER
|
|
| Docket Date |
2024-03-21
|
| Type |
Misc. Events
|
| Subtype |
Certificate
|
| Description |
Certificate ~ CERTIFICATE OF THE CLERK
|
| On Behalf Of |
Pinellas Clerk
|
|
| Docket Date |
2024-03-11
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2024-03-11
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER
|
| On Behalf Of |
RON CARPENTER
|
|
| Docket Date |
2024-03-11
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
HL:Fee Owed
|
|
| Docket Date |
2024-03-11
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
|
| Docket Date |
2024-11-04
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended CONSOLIDATED Initial Brief
|
| On Behalf Of |
Ron Carpenter
|
|
| Docket Date |
2024-09-25
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
The above cases are consolidated for appeal for all purposes. The appeals shall share the record transmitted in Case 2D2024-1554. Within 10 days of the date of this order, Appellants shall make arrangements with the lower tribunal clerk to supplement the record in Case 2D2024-1554 with any record items necessary for the disposition of the order appealed in Case 2D2024-0589, and the clerk shall transmit the supplemental record within 25 days of the date of this order.
The initial briefs filed in Case 2D2024-0589 and Case 2D2024-1554 are stricken. Within 30 days of the date of this order, Appellants shall serve an amended consolidated initial brief in Case 2D2024-1554. All electronic filings in these consolidated cases shall be filed using Case 2D2024-1554.
|
| View |
View File
|
|
| Docket Date |
2024-12-23
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
Ron Carpenter
|
|
| Docket Date |
2024-11-25
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
Scott T. Archer
|
|
| Docket Date |
2024-10-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
This court has received a motion for extension of time that is dependent on the action of the circuit or agency clerk or court reporter. To facilitate monitoring compliance with this order, the court is unwilling to grant an extension of time to a date that is subject to future action by third parties. As such, the Appellants' motion is granted to the extent that the initial brief shall be served within ten days. If the Appellants are unable to timely serve the brief due to the delay of this third party, the next appropriate step is the filing of a motion to compel in this court.
|
| View |
View File
|
|
| Docket Date |
2024-07-03
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
Upon review of the lower tribunal's docket, the trial court entered an "Order Granting in part and Denying in part Plaintiff's Motion for Reconsideration," on June 4, 2024, which corrects a clerical error in the order appealed and denies the remainder of the motion for reconsideration. Accordingly, this appeal is no longer held in abeyance under Florida Rule of Appellate Procedure 9.020(h) and shall proceed.
The motion to withdraw as counsel for the appellants filed by Attorney Kurt E. Davis is granted. Attorney Davis and The Davis Law Firm are relieved of further appellate responsibilities. Because business entities must be represented by counsel when appearing in Florida state courts, see Punta Gorda Pines Dev., Inc. v. Slack Excavating, Inc., 468 So. 2d 438, 439 (Fla. 2d DCA 1985), Appellant Strategic Land and Property Sales, LLC shall secure new counsel, who must file a notice of appearance in this court. If counsel does not file an appearance within 30 days of the date of this order, this appeal will be dismissed as to Appellant Strategic Land and Property Sales, LLC.
|
| View |
View File
|
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|
|
RON CARPENTER AND STRATEGIC LAND AND PROPERTY SALES, LLC VS BVK - MUIRFIELD VILLAGE, LLC, ET AL.
|
2D2023-1583
|
2023-07-25
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
2018CA-001021
Circuit Court for the Sixth Judicial Circuit, Pinellas County
2015CA-002562
|
Parties
| Name |
STRATEGIC LAND AND PROPERTY SALES, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
RON CARPENTER
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
NICOLE A. DEESE-NEWLON, ESQ.
|
|
| Name |
SCOTT T. ARCHER
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DAVID S. COIA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DANIEL VIETTO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BARCLAY GROUP HOLDINGS LIMITED, LLLP
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BARCLAY GROUP, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BARCLAY GROUP OPERATIONS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BVK - MUIRFIELD VILLAGE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ROBERT V. POTTER, ESQ.
|
|
| Name |
BGV LIMITED, LLLP
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. THANE B. COVERT
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
PINELLAS CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-08-07
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
PINELLAS CLERK
|
|
| Docket Date |
2024-03-26
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2024-03-26
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2024-03-26
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
RON CARPENTER
|
|
| Docket Date |
2024-03-06
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
RON CARPENTER
|
|
| Docket Date |
2024-02-27
|
| 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 |
RON CARPENTER
|
|
| Docket Date |
2024-02-21
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
RON CARPENTER
|
|
| Docket Date |
2023-12-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellants' motion for extension of time is granted, and the initial brief shall beserved by February 29, 2024.
|
|
| Docket Date |
2023-12-22
|
| 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 |
RON CARPENTER
|
|
| Docket Date |
2023-09-29
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 90 - IB DUE 12/31/2023
|
| On Behalf Of |
RON CARPENTER
|
|
| Docket Date |
2023-09-20
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ MUSCARELLA - 1485 PAGES REDACTED
|
| On Behalf Of |
PINELLAS CLERK
|
|
| Docket Date |
2023-08-10
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF PAYMENT OF APPELLATE FEE
|
| On Behalf Of |
RON CARPENTER
|
|
| Docket Date |
2023-07-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2023-07-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER
|
| On Behalf Of |
RON CARPENTER
|
|
| Docket Date |
2023-07-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2024-03-26
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDER GRANTING VOLUNTARY DISMISSAL ~ Pursuant to the notice of voluntary dismissal filed herein, this appeal isdismissed.
|
|
| Docket Date |
2024-03-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellants' unopposed motion for extension of time is granted, and the initial brief shall be served within 30 days of the date of this order.
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| Docket Date |
2023-07-26
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
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