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MHR Group, LLC, Appellant(s), v. Gus A. Goldsmith, Appellee(s).
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3D2024-1828
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2024-10-17
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Open
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| Classification |
NOA Final - Circuit Civil - Foreclosure
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| Court |
3rd District Court of Appeal
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| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
22-24571-CA-01
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Parties
| Name |
MHR GROUP, LLC
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| Role |
Appellant
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| Status |
Active
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| Representations |
Derek Richard Griffith
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| Name |
Gus A. Goldsmith
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| Role |
Appellee
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| Status |
Active
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| Representations |
Michael Heidt
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| Name |
Hon. Ariana Fajardo Orshan
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| Role |
Judge/Judicial Officer
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| Status |
Active
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| Name |
Miami-Dade Clerk
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2024-10-17
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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 |
2024-10-17
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal for 3D2024-1828. Not certified.
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| On Behalf Of |
MHR Group, LLC
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| View |
View File
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| Docket Date |
2024-10-17
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
This is to notify counsel for appellant that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court on or before October 27, 2024.
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| View |
View File
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| Docket Date |
2024-10-17
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment of a New Case Letter. The 3DCA $300 filing fee for a notice of appeal is due.
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| View |
View File
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| Docket Date |
2024-12-23
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Initial Brief
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| Description |
Appellant's Unopposed Motion for Extension of Time to Serve Initial Brief-30 days to 01/23/2025 Granted
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| On Behalf Of |
MHR Group, LLC
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| View |
View File
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| Docket Date |
2024-11-18
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Record on Appeal
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| On Behalf Of |
Miami-Dade Clerk
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| View |
View File
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| Docket Date |
2024-10-17
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| Type |
Miscellaneous Document
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| Subtype |
Pay Case Filing Fee-300
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| Description |
Case Filing Fee $300 paid through the portal. Batch # 12796552
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| On Behalf Of |
MHR Group, LLC
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| View |
View File
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ALFRED LARIVIERE VS HSBC BANK USA, N.A.
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4D2022-1178
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2022-04-29
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Closed
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| Classification |
NOA Final - Circuit Civil - Foreclosure
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE18-003116
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Parties
| Name |
HSBC Bank USA, N.A.
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| Role |
Appellee
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| Status |
Active
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| Representations |
Leonard C. Atkins, Maxine Meltzer, Mary Josephine Walter, Bruce Botsford, Derek R. Griffith
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| Name |
FORECLOSURE, INC.
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| Role |
Appellant
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| Status |
Active
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| Name |
Alfred Lariviere
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| Role |
Appellant
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| Status |
Active
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| Representations |
Kevin H. Fabrikant
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| Name |
SANDRA RESTREPO LLC
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| Role |
Appellee
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| Status |
Active
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| Name |
Hon. Jeffrey R. Levenson
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| Role |
Judge/Judicial Officer
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| Status |
Active
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| Name |
Clerk - Broward
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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| Name |
MHR GROUP, LLC
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| Role |
Appellee
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| Status |
Active
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Docket Entries
| Docket Date |
2022-07-28
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the July 27, 2022 notice of voluntary dismissal, this case is dismissed.
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| Docket Date |
2022-07-28
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| Type |
Disposition
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| Subtype |
Dismissed
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| Description |
Dismissed - Order by Clerk
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| Docket Date |
2022-07-27
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| Type |
Motions Other
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| Subtype |
Motion/Notice Voluntary Dismissal
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| Description |
Notice of Voluntary Dismissal
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| On Behalf Of |
Alfred Lariviere
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| Docket Date |
2022-07-25
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
HSBC Bank USA, N.A.
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| Docket Date |
2022-06-24
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| Type |
Misc. Events
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| Subtype |
Status Report
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| Description |
Status Report
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| On Behalf Of |
Alfred Lariviere
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| Docket Date |
2022-04-29
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
Alfred Lariviere
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| Docket Date |
2022-06-09
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| Type |
Misc. Events
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| Subtype |
Affidavit
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| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
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| On Behalf Of |
Clerk - Broward
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| Docket Date |
2022-06-17
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| Type |
Order
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| Subtype |
Order to File Status Report
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| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Affidavit of Non-Payment of Appeal Invoice filed by the clerk of the lower tribunal on June 9, 2022, it is ORDERED that appellant shall file a report, within five (5) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
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| Docket Date |
2022-05-12
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| Type |
Misc. Events
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| Subtype |
Case Filing Fee Paid through Portal
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| Description |
Case Filing Fee Paid Through Portal
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| On Behalf Of |
Alfred Lariviere
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| Docket Date |
2022-04-29
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
FP:Fee Paid Through Portal
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| Docket Date |
2022-04-29
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| Docket Date |
2022-04-29
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
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ARGILIO DIAZ, ET AL. VS U.S. BANK, N.A., ETC., ET AL.
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SC2018-0306
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2018-02-20
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Closed
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| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
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| Court |
Supreme Court of Florida
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| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
3D17-930
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
132016CA010955000001
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Parties
| Name |
Argilio Diaz
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| Role |
Petitioner
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| Status |
Active
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| Representations |
Niles B. Whitten
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| Name |
America Diaz
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| Role |
Petitioner
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| Status |
Active
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| Name |
U.S. Bank, N.A.
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| Role |
Respondent
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| Status |
Active
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| Representations |
Mr. Jonathan R. Rosenn, Steven Weitz, Nathan L. Wood, Sarah T. Weitz
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| Name |
MHR GROUP, LLC
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| Role |
Respondent
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| Status |
Active
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| Representations |
Derek R. Griffith
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| Name |
Jacqueline Hogan Scola
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| Role |
Judge/Judicial Officer
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| Status |
Active
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| Name |
Hon. Mary Cay Blanks
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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| Name |
Hon. Harvey Ruvin
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2018-06-05
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| Type |
Disposition
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| Subtype |
Rev DY Lack Juris
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| Description |
DISP-REV DY LACK JURIS ~ This cause having heretofore been submitted to the Court on jurisdictional briefs and portions of the record deemed necessary to reflect jurisdiction under Article V, Section 3(b), Florida Constitution, and the Court having determined that it should decline to accept jurisdiction, it is ordered that the petition for review is denied.No motion for rehearing will be entertained by the Court. See Fla. R. App. P. 9.330(d)(2).
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| Docket Date |
2018-03-28
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| Type |
Brief
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| Subtype |
Juris Answer
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| Description |
JURIS ANSWER BRIEF
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| On Behalf Of |
U.S. Bank, N.A.
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| View |
View File
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| Docket Date |
2018-03-14
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| Type |
Order
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| Subtype |
Appendix Stricken
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| Description |
ORDER-APPENDIX STRICKEN ~ In light of the filing of petitioners' amended appendix filed with this Court on March 13, 2018, it is ordered that petitioners' appendix filed with this Court on March 7, 2018, is hereby stricken.
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| Docket Date |
2018-03-13
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| Type |
Brief
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| Subtype |
Juris Initial (Amended)
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| Description |
JURIS INITIAL AMD BRIEF
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| On Behalf Of |
Argilio Diaz
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| View |
View File
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| Docket Date |
2018-03-08
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| Type |
Order
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| Subtype |
Brief/Appendix Stricken (Non-Compliance)
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| Description |
ORDER-BRIEF STRICKEN (NON-COMPLIANCE) ~ Petitioners' jurisdictional brief, which was filed with this Court on March 7, 2018 does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Petitioner is hereby directed, on or before March 13, 2018, to file an amended jurisdictional brief which does not exceed ten pages in length with page one beginning with the Statement of Case and Facts.
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| Docket Date |
2018-03-07
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| Type |
Brief
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| Subtype |
Juris Initial
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| Description |
JURIS INITIAL BRIEF ~ ***Stricken 3/8/18, exceeds page limit.***
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| On Behalf Of |
Argilio Diaz
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| Docket Date |
2018-03-02
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| Type |
Order
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| Subtype |
Dismissal re: Failure To Comply
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| Description |
ORDER-DISMISSAL RE: FAILURE TO COMPLY ~ In reviewing our records, we note that your case is subject to dismissal for failure to comply with this Court's direction. See Fla. R. App. P. 9.410.We have not received the petitioners' jurisdictional brief with appendix in accordance with Florida Rule of Appellate Procedure 9.120(d). Failure to file the above referenced documents with this Court within five days from the date of this order could result in the imposition of sanctions, including dismissal of the petition.Please understand that once this case is dismissed, it may not be subject to reinstatement.
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| Docket Date |
2018-03-01
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| Type |
Event
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| Subtype |
Fee Paid Through Portal
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| Description |
Fee Paid Through Portal
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| Docket Date |
2018-02-28
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| Type |
Miscellaneous Document
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| Subtype |
Pay Case Filing Fee-300
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| Description |
PAY CASE FILING FEE-300
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| On Behalf Of |
Argilio Diaz
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| View |
View File
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| Docket Date |
2018-02-23
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| Type |
Letter-Case
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| Subtype |
Acknowledgment Letter-New Case-Pay Fee
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| Description |
ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE
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| Docket Date |
2018-02-20
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
FP:Fee Paid Through Portal
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| Docket Date |
2018-02-20
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| Type |
Notice
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| Subtype |
Invoke Discretionary Jurisdiction
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| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
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| On Behalf Of |
Argilio Diaz
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| View |
View File
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