| Classification |
NOA Final - County Small Claims - Other
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| Court |
2nd District Court of Appeal
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| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
22-CC-36598
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Parties
| Name |
ANDREW G. IRICK, III
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
DUSTIN JONES LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. J. LOGAN MURPHY
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-07-19
|
| Type |
Misc. Events
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| Subtype |
West Publishing
|
| Description |
West Publishing
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|
| Docket Date |
2024-07-19
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-06-21
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2024-03-04
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-SUA SPONTE ~ The court, on its own motion pursuant to Florida Rule of Appellate Procedure 9.320(c), hereby cancels the March 20, 2024, oral argument in this case. The case will be decided on the briefs without oral argument.
|
|
| Docket Date |
2024-01-25
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on WEDNESDAY, MARCH 20, 2024, at 9:30 A.M., before: Judge Robert J. Morris, Judge Anthony K. Black, Judge Susan H. Rothstein-Youakim. Oral argument will occur at the Second District Court of Appeal, in the courtroom of the Stetson University College Of Law, Tampa Law Center, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the receptionist by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument in this proceeding, the attorneys or parties will be notified by order no less than two weeks before the scheduled date. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.
|
|
| Docket Date |
2023-11-15
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
brief or proceed ~ Appellee shall serve the answer brief within twenty days or this appeal willproceed without it.
|
|
| Docket Date |
2023-10-13
|
| 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 |
2023-08-28
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ MURPHY - 385 PAGES REDACTED
|
| On Behalf Of |
HILLSBOROUGH CLERK
|
|
| Docket Date |
2023-08-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1 ~ AMENDED
|
|
| Docket Date |
2023-08-07
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ CERTIFIED
|
| On Behalf Of |
ANDREW G. IRICK, III
|
|
| Docket Date |
2023-08-04
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
ANDREW G. IRICK, III
|
|
| Docket Date |
2023-08-04
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
ANDREW G. IRICK, III
|
|
| Docket Date |
2023-08-04
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
ANDREW G. IRICK, III
|
|
| Docket Date |
2023-08-04
|
| Type |
Misc. Events
|
| Subtype |
Certificate of Service
|
| Description |
Certificate of Service
|
| On Behalf Of |
ANDREW G. IRICK, III
|
|
| Docket Date |
2023-08-02
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ The notice of appeal is not signed. Within fifteen days from the date of this order, Appellant shall file in this court a copy of the notice of appeal that is signed, or the case will be subject to dismissal without further notice.
|
|
| Docket Date |
2023-08-01
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER APPEALED
|
| On Behalf Of |
ANDREW G. IRICK, III
|
|
| Docket Date |
2023-08-01
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2023-08-01
|
| Type |
Order
|
| Subtype |
Certificate of Service
|
| Description |
c of s; mailing addresses ~ The notice of appeal that initiated this proceeding does not provide mailingaddresses for those served with the notice. Appellant shall within five days submit anamended certificate of service that lists current mailing addresses for all entities servedwith the notice of appeal.
|
|
| Docket Date |
2023-08-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2024-04-09
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion-79 ~ Appellant Andrew Irick challenges a final judgment in which the trial courtconcluded that he was contractually liable for debt incurred by Dustin Jones. Irickargues on appeal that the trial court erred in rejecting his claim of entitlement toequitable subrogation because he was merely a guarantor and therefore was notprimarily liable for the debt. The record before us, however, does not indicate that Irickraised this guarantor argument below, and "[a]n appellant has the burden to present arecord that will overcome the presumption of the correctness of the trial court'sfindings." Zarate v. Deutsche Bank Nat'l Trust Co., 81 So. 3d 556, 557 (Fla. 3d DCA2012); see also Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla. 1979)(remanding for entry of an order affirming because the record brought forward by theappellant was inadequate to demonstrate reversible error).Accordingly, within fifteen days of the date of this order, Irick must file a motion tosupplement the record with a transcript of any hearing at which this argument wasraised. If any such hearing has not been transcribed, or if a transcript is unavailable,Irick must, within fifteen days of the date of this order, (1) serve designations fortranscription of the recorded proceedings upon the appropriate court reporter ortranscriptionist, see Fla. R. App. P. 9.200(b), and file a notice in this court that he hasdone so; (2) file a motion in this court to relinquish jurisdiction to reconstruct the recordin accordance with Florida Rule of Appellate Procedure 9.200(b)(5); or (3) file aresponse in this court stating that he elects to proceed on the record in its current state.The clerk of the lower tribunal shall transmit a supplemental record to this courtwithin ten days of the filing of any transcript or statement under rule 9.200(b)(5).
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