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Butterfly City, LLC, et al., Petitioner(s) v. Horst Ferrero, et al., Respondent(s).
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1D2023-0292
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2023-02-06
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Closed
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| Classification |
Original Proceedings - County Small Claims - Mandamus
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| Court |
1st District Court of Appeal
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| Originating Court |
Circuit Court for the Eighth Judicial Circuit, Alachua County
2021 SC 3858
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Parties
| Name |
BUTTERFLY CITY LLC
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| Role |
Petitioner
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| Status |
Active
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|
| Name |
UF Board of Trustees
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| Role |
Respondent
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| Status |
Active
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| Representations |
Chandler Jolly, Michelle Bedoya Barnett
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|
| Name |
Horst Ferrero
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| Role |
Respondent
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| Status |
Active
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| Representations |
Patrice Boyes, Hon. J. K. "Jess" Irby
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Docket Entries
| Docket Date |
2023-02-07
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
20-Day Pay Fee ($300) ~ The appellant/petitioner has failed to tender the required $300.00 filing fee per Section 35.22(2)(a), Florida Statutes (2018), and Florida Rule of Appellate Procedure 9.110(b). The appellant/petitioner is hereby directed to pay the $300 filing fee within 20 days of this order. Failure to comply with this order will result in the dismissal of this cause without further opportunity to be heard. Florida Rule of Appellate Procedure 9.410.
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| Docket Date |
2023-06-30
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| Type |
Supreme Court
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| Subtype |
Supreme Court Order
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| Description |
Supreme Court Disposition - the petition is hereby dismissed
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| View |
View File
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| Docket Date |
2023-05-22
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
Dismissed
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| View |
View File
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| Docket Date |
2023-04-21
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| Type |
Supreme Court
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| Subtype |
Acknowledged Receipt from Supreme Court
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| Description |
Acknowledged Receipt from Supreme Court
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| View |
View File
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| Docket Date |
2023-04-19
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| Type |
Order
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| Subtype |
Order Striking Filing
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| Description |
The Court strikes as unauthorized the motions filed on February 6, 2023, and March 6, 2023, by Gabe Kaimowitz.
Within ten days, Petitioner shall secure the services of counsel licensed to practice law in the State of Florida as required by this Court's order of February 7, 2023. See Richter v. Higdon Homes, Inc., 544 So. 2d 300, 300 (Fla. 1st DCA 1989). Petitioner is advised that the failure to comply with the terms of this order within the time allowed will result in the imposition of sanctions, including dismissal of this case, without further notice or opportunity to be heard. See Fla. R. App. P. 9.410.
Gabe Kaimowitz shall make no further filings in this case. Any further filings by Mr. Kaimowitz may result in referral to The Florida Bar and the State Attorney's Office for the Eighth Judicial Circuit for the unauthorized practice of law.
B.L. THOMAS, RAY, and M.K. THOMAS, JJ., concur.
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| View |
View File
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| Docket Date |
2023-03-08
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| Type |
Event
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| Subtype |
Fee Paid in Full
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| Description |
Fee Paid in Full
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| Docket Date |
2023-03-06
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| Type |
Motions Other
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| Subtype |
Motion to Disqualify/Recuse
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| Description |
Motion to Disqualify/Recuse
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| On Behalf Of |
Butterfly City, LLC
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| View |
View File
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| Docket Date |
2023-03-06
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| Type |
Record
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| Subtype |
Appendix to Motion
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| Description |
Appendix to Motion to disqualify clerk of court
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| On Behalf Of |
Butterfly City, LLC
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| Docket Date |
2023-02-07
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Petition Mandamus / Acknowledgement letter ~ The First District Court of Appeal has received the Petition/Application for Writ of Mandamus filed in this Court on February 6, 2023.
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| Docket Date |
2023-02-06
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| Type |
Motions Other
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| Subtype |
Miscellaneous Motion
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| Description |
Motion (Other) ~ To disqualify Clerk of the Court
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| On Behalf Of |
Butterfly City, LLC
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| Docket Date |
2023-02-06
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
DU:Due
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| Docket Date |
2023-02-06
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| Type |
Petition
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| Subtype |
Petition Mandamus
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| Description |
Petition Mandamus ~ Gabe Kaimowitz
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| On Behalf Of |
Butterfly City, LLC
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Butterfly City, LLC, et al., Petitioner(s) v. City Of Gainesville, et al., Respondent(s).
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1D2023-0121
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2023-01-11
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Closed
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| Classification |
Original Proceedings - County Small Claims - Mandamus
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| Court |
1st District Court of Appeal
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| Originating Court |
Circuit Court for the Eighth Judicial Circuit, Alachua County
2021 SC 3696
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Parties
| Name |
BUTTERFLY CITY LLC
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| Role |
Petitioner
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| Status |
Active
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| Name |
City Of Gainesville
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| Role |
Respondent
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| Status |
Active
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| Representations |
Abbye E. Alexander, Brian W. Franklin, Hon. J. K. "Jess" Irby
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Docket Entries
| Docket Date |
2023-06-30
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| Type |
Supreme Court
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| Subtype |
Supreme Court Order
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| Description |
Supreme Court Disposition - the petition is hereby dismissed
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| View |
View File
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| Docket Date |
2023-04-21
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| Type |
Supreme Court
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| Subtype |
Acknowledged Receipt from Supreme Court
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| Description |
Acknowledged Receipt from Supreme Court
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| View |
View File
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| Docket Date |
2023-04-17
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
Dismissed
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| View |
View File
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| Docket Date |
2023-03-15
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| Type |
Order
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| Subtype |
Order Requiring Corporation/Entity to Obtain Counsel
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| Description |
Order Requiring Corporation/Entity to Obtain Counsel
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| View |
View File
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| Docket Date |
2023-03-06
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| Type |
Motions Other
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| Subtype |
Motion To Consolidate
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| Description |
Motion To Consolidate
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| On Behalf Of |
Butterfly City, LLC
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| Docket Date |
2023-01-25
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| Type |
Motions Other
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| Subtype |
Miscellaneous Motion
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| Description |
Motion (Other) ~ to disqualify clerk of the court
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| On Behalf Of |
Butterfly City, LLC
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| Docket Date |
2023-01-13
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| Type |
Order
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| Subtype |
Order Requiring Corporation/Entity to Obtain Counsel
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| Description |
Appellant/Petitioner Corporation-Obtain Atty ~ Upon review, it appears that the Petition for Writ of Mandamus was filed by an officer or an employee of the petitioner, a corporation. Petitioner is advised that a corporation cannot be represented by an officer or an employee and a document signed in the corporate name by one of its agents or officials is a nullity. Richter v. Higdon Homes, Inc., 544 So. 2d 300 (Fla. 1st DCA 1989). Accordingly, petitioner shall secure the services of counsel licensed to practice law in the State of Florida who shall file a notice of appearance in this court within 30 days of the date of this order. Petitioner is advised that the failure to comply with the terms of this order within the time allowed will result in the imposition of sanctions, including dismissal of this case, without further notice or opportunity to be heard. Florida Rule of Appellate Procedure 9.410.
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| Docket Date |
2023-01-13
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Petition Mandamus / Acknowledgement letter ~ The First District Court of Appeal has received the Petition/Application for Writ of Mandamus filed in this Court on January 11, 2023.
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| Docket Date |
2023-01-11
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| Type |
Motions Other
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| Subtype |
Motion To Consolidate
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| Description |
Motion To Consolidate
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| On Behalf Of |
Butterfly City, LLC
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| Docket Date |
2023-01-11
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
A3:Paid In Full - $300
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| Docket Date |
2023-01-11
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| Type |
Petition
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| Subtype |
Petition Mandamus
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| Description |
Petition Mandamus ~ Gabe Kaimowitz
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| On Behalf Of |
Butterfly City, LLC
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Butterfly City, LLC, Petitioner(s) v. Jesse K. Irby, Respondent(s).
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1D2022-4047
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2022-12-14
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Closed
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| Classification |
Original Proceedings - County Small Claims - Mandamus
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| Court |
1st District Court of Appeal
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| Originating Court |
Circuit Court for the Eighth Judicial Circuit, Alachua County
2021 SC 3592
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Parties
| Name |
BUTTERFLY CITY LLC
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| Role |
Petitioner
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| Status |
Active
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|
| Name |
Hon. J. K. "Jess" Irby
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| Role |
Respondent
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| Status |
Active
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| Representations |
Hon. J. K. "Jess" Irby, Daniel M. Nee, Brian W. Franklin
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Docket Entries
| Docket Date |
2023-06-30
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| Type |
Supreme Court
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| Subtype |
Supreme Court Order
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| Description |
Supreme Court Disposition - the petition is hereby dismissed
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| View |
View File
|
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| Docket Date |
2023-05-22
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
Dismissed
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| View |
View File
|
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| Docket Date |
2023-04-21
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| Type |
Supreme Court
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| Subtype |
Acknowledged Receipt from Supreme Court
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| Description |
Acknowledged Receipt from Supreme Court
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| View |
View File
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| Docket Date |
2023-04-19
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| Type |
Order
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| Subtype |
Order Striking Filing
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| Description |
The Court strikes as unauthorized the motions filed January 9, 2023, January 25, 2023, February 15, 2023, and March 6, 2023, by Gabe Kaimowitz.
Within ten days, Petitioner shall secure the services of counsel licensed to practice law in the State of Florida as required by this Court's order of December 15, 2022. See Richter v. Higdon Homes, Inc., 544 So. 2d 300 (Fla. 1st DCA 1989). Petitioner is advised that the failure to comply with the terms of this order within the time allowed will result in the imposition of sanctions, including dismissal of this case, without further notice or opportunity to be heard. Florida Rule of Appellate Procedure 9.410.
Gabe Kaimowitz shall make no further filings in this case. Any further filings by Mr. Kaimowitz will result in referral to The Florida Bar for the unauthorized practice of law. A copy of this order shall be provided to the State Attorney's Office for the Eighth Judicial Circuit.
B.L. THOMAS, RAY, and M.K. THOMAS, JJ., concur.
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| View |
View File
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| Docket Date |
2023-03-06
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| Type |
Motions Other
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| Subtype |
Motion To Consolidate
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| Description |
Motion To Consolidate
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| On Behalf Of |
Butterfly City, LLC
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| Docket Date |
2023-02-15
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| Type |
Motions Other
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| Subtype |
Miscellaneous Motion
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| Description |
Motion (Other) ~ (amended) to substitute or add a party
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| On Behalf Of |
Butterfly City, LLC
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| Docket Date |
2023-02-15
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| Type |
Post-Disposition Motions
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| Subtype |
Motion for Rehearing
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| Description |
Motion For Rehearing ~ of an order (02/09/2023) by the clerk of this court striking petitioners motion to substitute or add a party
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| On Behalf Of |
Butterfly City, LLC
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| Docket Date |
2023-02-09
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| Type |
Order
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| Subtype |
Order Striking Filing
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| Description |
Filing Stricken for Failure to Serve ~ Because the petitioner has failed to comply with this Court’s order of January 10, 2023, requiring the filing of a supplemental certificate of service demonstrating that a copy of the motion to substitute or add a party docketed January 9, 2023 has been served on the Respondent, the motion to substitute or add a party is hereby stricken.
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| Docket Date |
2023-01-25
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| Type |
Motions Other
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| Subtype |
Miscellaneous Motion
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| Description |
Motion (Other) ~ to disqualify clerk of the court
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| On Behalf Of |
Butterfly City, LLC
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| Docket Date |
2023-01-10
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| Type |
Order
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| Subtype |
Order Directing Service of Filing
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| Description |
AA/PT Serve Copy/File Supp Cert of Svc 10 days ~ Petitioner is directed to serve a copy of the motion to substitute or add a party docketed January 9, 2023, on the Respondent, and to file a supplemental certificate of service within 10 days of this order which demonstrates that service. The failure of Petitioner to timely comply with this order will result in striking of the motion to substitute or add a party, as authorized by Florida Rule of Appellate Procedure 9.410(a).
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| Docket Date |
2023-01-09
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| Type |
Motions Other
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| Subtype |
Miscellaneous Motion
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| Description |
Motion (Other) ~ to set aside as void of voidable a clerk's order to require retention of a member of The FL Bar
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| On Behalf Of |
Butterfly City, LLC
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| Docket Date |
2023-01-09
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| Type |
Record
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| Subtype |
Appendix
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| Description |
Appendix ~ to motions filed 1/9
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| On Behalf Of |
Butterfly City, LLC
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| Docket Date |
2023-01-09
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| Type |
Notice
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| Subtype |
Notice
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| Description |
Notice ~ of payment of filing fee
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| On Behalf Of |
Butterfly City, LLC
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| Docket Date |
2022-12-15
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
20-Day Pay Fee ($300) ~ The appellant/petitioner has failed to tender the required $300.00 filing fee per Section 35.22(2)(a), Florida Statutes (2018), and Florida Rule of Appellate Procedure 9.110(b). The appellant/petitioner is hereby directed to pay the $300 filing fee within 20 days of this order. Failure to comply with this order will result in the dismissal of this cause without further opportunity to be heard. Florida Rule of Appellate Procedure 9.410.
|
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| Docket Date |
2022-12-15
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| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Petition Mandamus / Acknowledgement letter ~ The First District Court of Appeal has received the Petition/Application for Writ of Mandamus filed in this Court on December 14, 2022.
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| Docket Date |
2022-12-14
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
A3:Paid In Full - $300
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| Docket Date |
2022-12-14
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| Type |
Petition
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| Subtype |
Petition Mandamus
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| Description |
Petition Mandamus ~ Gabe Kaimowitz
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| On Behalf Of |
Butterfly City, LLC
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