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DAVID & SUSAN SCHACHT, MICHAEL ANGELO, ERIC-JOHN & MELISSA CLAESSENS, GARY D. DEWITT, AS TRUSTEE OF THE GARY D. DEWITT REVOCABLE TRUST U/D/A JUNE 5, 1980, LYNN & PATRICIA FRARY AND GRETCHEN F. GUANDOLO, JEFFREY GILBERT, JAMES L. & SHERRIE KLEPSER, JAMES R. & ANORET LARSEN, BARBARA A. RACKOUSKI, JAMES F. RHOADES, THOMAS RODUS, TIMOTHY A. & JUNE S. REITDORF, GEOFFREY & KATELYN LEIGH ROGERS, ET AL Appellant(s) v. SCOTT W. FITZPATRICK, SAZHA, LLC, HALL FAMILY DEVELOPEMENT, LLC, HALL FAMILY VENTURES, LLC, ET AL Appellee(s).
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6D2024-1098
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2024-05-31
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Open
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| Classification |
NOA Final - Circuit Civil - Other
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| Court |
6th District Court of Appeal
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| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Charlotte County
23003677CA
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Parties
| Name |
James R Larsen
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| Role |
Appellant
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| Status |
Active
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| Representations |
Daniel Foster Joy, III, Gregg Martin Horowitz
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| Name |
GEOFFREY ROGERS LLC
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| Role |
Appellant
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| Status |
Active
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| Representations |
Daniel Foster Joy, III, Gregg Martin Horowitz
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|
| Name |
John Wasson
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| Role |
Appellant
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| Status |
Active
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| Representations |
Daniel Foster Joy, III, Gregg Martin Horowitz
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|
| Name |
Jeanne Wasson
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| Role |
Appellant
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| Status |
Active
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| Representations |
Daniel Foster Joy, III, Gregg Martin Horowitz
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|
| Name |
Thomas Rhodus
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| Role |
Appellant
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| Status |
Active
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| Representations |
Daniel Foster Joy, III, Gregg Martin Horowitz
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| Name |
David Schacht
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| Role |
Appellant
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| Status |
Active
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| Representations |
Daniel Foster Joy, III, Gregg Martin Horowitz
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|
| Name |
Anoret Larsen
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| Role |
Appellant
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| Status |
Active
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| Representations |
Daniel Foster Joy, III, Gregg Martin Horowitz
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|
| Name |
Barbara Rackouski
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| Role |
Appellant
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| Status |
Active
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| Representations |
Daniel Foster Joy, III, Gregg Martin Horowitz
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|
| Name |
Lorraine Vander Ark
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| Role |
Appellant
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| Status |
Active
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| Representations |
Daniel Foster Joy, III, Gregg Martin Horowitz
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|
| Name |
Sherrie Klepser
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| Role |
Appellant
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| Status |
Active
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| Representations |
Daniel Foster Joy, III, Gregg Martin Horowitz
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|
| Name |
Patricia Frary
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| Role |
Appellant
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| Status |
Active
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| Representations |
Daniel Foster Joy, III, Gregg Martin Horowitz
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|
| Name |
June Reitdorf
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| Role |
Appellant
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| Status |
Active
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| Representations |
Daniel Foster Joy, III, Gregg Martin Horowitz
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|
| Name |
Lynn Frary
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| Role |
Appellant
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| Status |
Active
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| Representations |
Daniel Foster Joy, III, Gregg Martin Horowitz
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|
| Name |
Duane Vander Ark
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| Role |
Appellant
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| Status |
Active
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| Representations |
Daniel Foster Joy, III, Gregg Martin Horowitz
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|
| Name |
Eric-John Claessens
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| Role |
Appellant
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| Status |
Active
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| Representations |
Daniel Foster Joy, III, Gregg Martin Horowitz
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| Name |
Melissa Claessens
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| Role |
Appellant
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| Status |
Active
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| Representations |
Daniel Foster Joy, III, Gregg Martin Horowitz
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|
| Name |
Timothy Reitdorf
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| Role |
Appellant
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| Status |
Active
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| Representations |
Daniel Foster Joy, III, Gregg Martin Horowitz
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|
| Name |
Katelyn Rogers
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| Role |
Appellant
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| Status |
Active
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| Representations |
Daniel Foster Joy, III, Gregg Martin Horowitz
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| Name |
Susan Schacht
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| Role |
Appellant
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| Status |
Active
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| Representations |
Daniel Foster Joy, III, Gregg Martin Horowitz
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|
| Name |
Gretchen F Guandolo
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| Role |
Appellant
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| Status |
Active
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| Representations |
Daniel Foster Joy, III, Gregg Martin Horowitz
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|
| Name |
Gary D. Dewitt
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| Role |
Appellant
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| Status |
Active
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| Representations |
Daniel Foster Joy, III, Gregg Martin Horowitz
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|
| Name |
Jeffrey Gilbert
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| Role |
Appellant
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| Status |
Active
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| Representations |
Daniel Foster Joy, III, Gregg Martin Horowitz
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|
| Name |
MICHAEL ANGELO LLC
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| Role |
Appellant
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| Status |
Active
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| Representations |
Daniel Foster Joy, III, Gregg Martin Horowitz
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|
| Name |
James Rhoades
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| Role |
Appellant
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| Status |
Active
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| Representations |
Daniel Foster Joy, III, Gregg Martin Horowitz
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|
| Name |
WILLIAM SMITH, LLC
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| Role |
Appellant
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| Status |
Active
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| Representations |
Daniel Foster Joy, III, Gregg Martin Horowitz
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|
| Name |
HALL FAMILY DEVELOPMENT, LLC
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| Role |
Appellee
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| Status |
Active
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| Representations |
Rebecca Nicole Reynolds, Marisa Dorough
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|
| Name |
SAZHA LLC
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| Role |
Appellee
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| Status |
Active
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| Representations |
Rebecca Nicole Reynolds, Marisa Dorough
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|
| Name |
Scott W. Fitzpatrick
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| Role |
Appellee
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| Status |
Active
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| Representations |
Robert E. Menje, Esq.
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| Name |
HALL FAMILY VENTURES LLC
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| Role |
Appellee
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| Status |
Active
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| Representations |
Rebecca Nicole Reynolds, Marisa Dorough
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| Name |
KAREN HALL, INC.
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| Role |
Appellee
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| Status |
Active
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| Representations |
Rebecca Nicole Reynolds, Marisa Dorough, Elaine D. Walter, Yvette Rose Lavelle
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| Name |
HARBOR AT LEMON BAY CONDOMINIUM ASSOCIATION, INC.
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| Role |
Appellee
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| Status |
Active
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| Representations |
Rebecca Nicole Reynolds, Marisa Dorough, Elaine D. Walter, Yvette Rose Lavelle
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|
| Name |
Hon. Geoffrey Henry Gentile
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| Role |
Judge/Judicial Officer
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| Status |
Active
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| Name |
Charlotte Clerk
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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| Name |
James L. Klepser
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| Role |
Appellant
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| Status |
Active
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| Representations |
Daniel Foster Joy, III, Gregg Martin Horowitz
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|
| Name |
Arthur Hall
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| Role |
Appellee
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| Status |
Active
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| Representations |
Rebecca Nicole Reynolds, Marisa Dorough, Elaine D. Walter, Yvette Rose Lavelle
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Docket Entries
| Docket Date |
2024-08-12
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| Type |
Order
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| Subtype |
Mediation Order to Counsel
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| Description |
The Court hereby appoints Edward L. Larsen, Esq., mediator number 33723 R, as mediator in this matter. Mediation must be conducted in conformity with the Sixth District Court of Appeal's administrative orders and rules regarding appellate mediation and the Florida Rules for Certified and Court-Appointed Mediators. The Mediation Report must be completed and filed within ten days from conclusion of mediation but not later than ten days subsequent to expiration of the 60-day mediation period approved by the Order of Referral to Mediation dated August 1, 2024.
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| View |
View File
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| Docket Date |
2024-08-09
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| Type |
Response
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| Subtype |
Response
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| Description |
RESPONSE TO ORDER OF REFERRAL TO MEDIATION
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| On Behalf Of |
James R Larsen
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| Docket Date |
2024-08-09
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| Type |
Motions Other
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| Subtype |
Miscellaneous Motion
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| Description |
APPELLANTS' MOTION TO MANDATE THAT ATTENDANCE IN THE COURT-ORDERED MEDIATION MAY BE IN PERSON OR VIA VIRTUAL MEDIA
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| On Behalf Of |
James R Larsen
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| Docket Date |
2024-07-26
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| Type |
Motions Relating to Attorney Fees/Costs
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| Subtype |
Motion For Attorney's Fees
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| Description |
Motion For Attorney's Fees
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| On Behalf Of |
James R Larsen
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| Docket Date |
2024-07-25
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Brief
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| On Behalf Of |
James R Larsen
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| Docket Date |
2024-11-21
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Answer Brief
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| Description |
Motion for Extension of Time to Serve Answer Brief
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| On Behalf Of |
Arthur Hall
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| Docket Date |
2024-10-22
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| Type |
Order
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| Subtype |
Order
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| Description |
Appellees motion for extension of time to serve their answer brief is denied as moot in light of this Court's order dated October 4, 2024.
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| View |
View File
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| Docket Date |
2024-10-21
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| Type |
Brief
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| Subtype |
Amended Initial Brief
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| Description |
Amended Initial Brief
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| On Behalf Of |
James R Larsen
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| Docket Date |
2024-10-17
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| Type |
Order
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| Subtype |
Amended/Additional Filing(s) Needed
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| Description |
The initial brief does not comply with the additional briefing requirements of this Court as set forth in the Sixth District Court of Appeal Administrative Order 24-01. Specifically: 1) The initial brief does not contain a statement as to each issue presented, where in the record on appeal the issue was raised and ruled on; and 2) The initial brief does not contain a statement of the basis for jurisdiction in this Court, including the basis for claiming that the judgment or order appealed from is final. Appellant shall file a corrected brief within ten days from the date of this order. A compliant brief would include entries in the table of contents entitled "Statement of Jurisdiction" and "Statement of Preservation" that indicate sections in the initial brief where this information appears. AO 24-01 can be accessed at https://6dca.flcourts.gov/Clerk-s-Office/Administrative-Orders.
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| View |
View File
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| Docket Date |
2024-10-07
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Brief
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| On Behalf Of |
James R Larsen
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| Docket Date |
2024-10-07
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
GENTILE - 1,661 PAGES
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| On Behalf Of |
Charlotte Clerk
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| Docket Date |
2024-10-04
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| Type |
Response
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| Subtype |
Response
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| Description |
APPELLANTS' RESPONSE TO THE APPELLEES' JOINT MOTION TO PERMIT THEM TO FILE THE ANSWER BRIEF NO SOONER THAN 40 DAYS AFTER THE RECORD HAS BEEN TRANSMITTED
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| On Behalf Of |
James R Larsen
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| Docket Date |
2024-10-04
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| Type |
Motions Other
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| Subtype |
Miscellaneous Motion
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| Description |
APPELLEES' JOINT MOTION TO PERMIT THEM TO FILE THE ANSWER BRIEF NO SOONER THAN 40 DAYS AFTER THE RECORD HAS BEEN TRANSMITTED
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| On Behalf Of |
Arthur Hall
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| Docket Date |
2024-09-30
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Brief *DUPLICATE FILING PER THE 9/30 ORDER*
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| On Behalf Of |
James R Larsen
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| Docket Date |
2024-09-30
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| Type |
Order
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| Subtype |
Order on Unsuccessful Mediation
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| Description |
The above-referenced case has been noted as an unsuccessful mediation. Accordingly, the ten day time period for filing directions to the clerk and designations to the court reporter, the fifty-day time period for preparing the record and serving copies of the index, the sixty-day time period for filing the record on appeal, and the seventy-day time period for filing of Appellant's Initial Brief shall commence as of the date of this order.
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| View |
View File
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| Docket Date |
2024-06-26
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| Type |
Response
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| Subtype |
Response
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| Description |
RESPONSE TO 6/24/2024 ORDER REGARDING PAYMENT OF FILING FEES FOR APPEAL
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| On Behalf Of |
James R Larsen
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| Docket Date |
2024-06-26
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| Type |
Order
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| Subtype |
Order
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| Description |
This court's fee order dated June 24, 2024, was issued in error, and is hereby vacated.
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| View |
View File
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| Docket Date |
2024-06-25
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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 |
Arthur Hall
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| Docket Date |
2024-06-24
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| Type |
Notice
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| Subtype |
Amended Notice of Appeal
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| Description |
Amended Notice of Appeal
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| On Behalf Of |
James R Larsen
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| Docket Date |
2024-06-24
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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 |
2024-06-04
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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 |
2024-05-31
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal with order
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| On Behalf Of |
James R Larsen
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| View |
View File
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| Docket Date |
2024-12-20
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| Type |
Motions Relating to Attorney Fees/Costs
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| Subtype |
Motion For Attorney's Fees
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| Description |
APPELLEES' MOTION FOR ENTITLEMENT TO APPELLATE
ATTORNEYS' FEES
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| On Behalf Of |
Scott W. Fitzpatrick
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| Docket Date |
2024-12-19
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| Type |
Brief
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| Subtype |
Answer Brief
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| Description |
Answer Brief
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| On Behalf Of |
Arthur Hall
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| Docket Date |
2024-12-12
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
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| Description |
Appellees' motion for extension of time to serve the answer brief is granted. The answer brief shall be served on or before December 20, 2024.
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| View |
View File
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| Docket Date |
2024-11-26
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| Type |
Response
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| Subtype |
Response
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| Description |
APPELLANTS' REPLY TO THE APPELLEES' MOTION FOR A 30-DAY EXTENSION OF TIME TO FILE ANSWER BRIEF
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| On Behalf Of |
James R Larsen
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| Docket Date |
2024-10-04
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| Type |
Order
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| Subtype |
Order Striking Filing
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| Description |
Upon consideration that the record on appeal has not yet been served in this case, Appellant's initial brief, filed July 25, 2024, and the duplicate filed September 30, 2024, are stricken as premature without prejudice to refile after the record has been served.
Appellant must make arrangements with the clerk of the lower tribunal for the preparation and service of the record on appeal, and the record must be served within twenty days of this order.
If the clerk of the lower tribunal is unable to serve the record within twenty days of this order, the clerk of the lower tribunal shall file a notice of inability to transmit the record specifying the reason.
Appellant's initial brief must be served within thirty days of service of the record.
Appellant is reminded that the burden to ensure that the record is served in accordance with the Florida Rules of Appellate Procedure rests with the Appellant. See Fla. R. App. P. 9.200(e). Failure to ensure the timely service of the record may result in the dismissal of this case for failure to prosecute.
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| View |
View File
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| Docket Date |
2024-08-01
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| Type |
Order
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| Subtype |
Order of Referral to Mediation
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| Description |
The foregoing case, having been reviewed by the Court, is hereby referred to Appellate Mediation. All appellate deadlines, including for preparing the record and filing briefs, will not begin to run until an order is issued that this case will not proceed to mediation or, if mediation is ordered, until the mediation process is complete.
Within 10 days from the date of this Order, Appellant(s) must complete and file with this Court the Response to Order of Referral to Mediation, which is available on this Court's website, https://6dca.flcourts.gov. If the parties agree on a Florida Supreme Court Certified mediator, the Court will enter an order appointing that mediator for this case. If the parties are not able to agree on a mediator, the Court will appoint a mediator from the Supreme Court list of approved mediators. A mediator need not be certified as an appellate mediator to be appointed.
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| View |
View File
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| Docket Date |
2024-07-15
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| Type |
Order
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| Subtype |
Mediation Letter to LT
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| Description |
This case is now under consideration for appellate mediation, and a decision will be made shortly whether to order mediation. An order will be issued advising you of that decision. If mediation is ordered, the time for preparing the record will not begin to run until the mediation process is complete.
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| View |
View File
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| Docket Date |
2024-06-24
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
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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View File
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