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Levar Curtis Johnson, etc., Petitioner(s), v. Birch Homes, LLC, Respondent(s).
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3D2024-2324
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2024-12-30
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Open
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| Classification |
Original Proceedings - Circuit Civil - Mandamus
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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
24-14415-CA-01
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Parties
| Name |
Levar Curtis Johnson
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| Role |
Petitioner
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| Status |
Active
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| Name |
BIRCH HOMES LLC
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| Role |
Respondent
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| Status |
Active
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| Representations |
David Stevenson Abrams
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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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Docket Entries
| Docket Date |
2025-01-02
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| Type |
Motions Other
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| Subtype |
Motion To Expedite
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| Description |
Motion To Expedite Decision
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| On Behalf Of |
Levar Curtis Johnson
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| View |
View File
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| Docket Date |
2024-12-30
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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 |
2024-12-30
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| Type |
Miscellaneous Document
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| Subtype |
Affidavit of Indigency
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| Description |
Approved Affidavit of Indigency.
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| On Behalf Of |
Levar Curtis Johnson
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| Docket Date |
2024-12-30
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
This is to notify petitioner that the filing and prosecution of a petition in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this petition will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court by cash, cashier's check, money order, or electronically through the Florida Courts E-Filing Portal on or before January 9, 2025, or unless a certified copy of the application for determination of civil indigent status in which the lower tribunal clerk has determined the appellant to be indigent is received on or before said date.
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| View |
View File
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| Docket Date |
2024-12-30
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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 petition for writ of mandamus is due.
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| View |
View File
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| Docket Date |
2024-12-30
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| Type |
Brief
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| Subtype |
Memorandum Brief
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| Description |
Memorandum of Law for Writ of Mandamus
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| On Behalf Of |
Levar Curtis Johnson
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| View |
View File
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| Docket Date |
2024-12-30
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| Type |
Record
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| Subtype |
Appendix
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| Description |
Appendix to Petition for Writ of Mandamus
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| On Behalf Of |
Levar Curtis Johnson
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| View |
View File
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| Docket Date |
2024-12-30
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| Type |
Petition
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| Subtype |
Petition Mandamus
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| Description |
Petition for Writ of Mandamus. Related cases: 24-2184 and 24-1865
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| On Behalf Of |
Levar Curtis Johnson
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| View |
View File
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Levar Curtis Johnson, etc., Appellant(s), v. Birch Homes, LLC, Appellee(s).
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3D2024-2184
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2024-12-06
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Closed
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| Classification |
NOA Final - Circuit Civil - Other
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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
24-14415-CA-01
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Parties
| Name |
Levar Curtis Johnson
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| Role |
Appellant
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| Status |
Active
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| Name |
BIRCH HOMES LLC
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| Role |
Appellee
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| Status |
Active
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| Representations |
David Stevenson Abrams
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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 |
2024-12-09
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| Type |
Miscellaneous Document
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| Subtype |
Affidavit of Indigency
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| Description |
Approved Affidavit of Indigency.
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| On Behalf Of |
Miami-Dade Clerk
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| Docket Date |
2024-12-09
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| Type |
Misc. Events
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| Subtype |
West Publishing
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| Description |
West Publishing
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| Docket Date |
2024-12-09
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| Type |
Mandate
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| Subtype |
Disp. w/o Mandate
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| Description |
Disp. w/o Mandate
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| Docket Date |
2024-12-09
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
IT IS HEREBY ORDERED that pro se Appellant's Notice of Voluntary Dismissal of Appeal is recognized by the Court, and this appeal from the Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County, Florida, is hereby dismissed.
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| View |
View File
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| Docket Date |
2024-12-09
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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 of Appeal
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| On Behalf Of |
Levar Curtis Johnson
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| View |
View File
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| Docket Date |
2024-12-09
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal for 3D2024-2184. Certified.
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| On Behalf Of |
Miami-Dade Clerk
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| View |
View File
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| Docket Date |
2024-12-06
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| Type |
Event
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| Subtype |
Fee Satisfied
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| Description |
Fee Waived-Approved application for indigent status
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| Docket Date |
2024-12-06
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| Type |
Misc. Events
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| Subtype |
Miscellaneous Docket Entry
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| Description |
Miscellaneous Docket Entry-Approved application for indigent status in confidential
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| On Behalf Of |
Levar Curtis Johnson
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| Docket Date |
2024-12-06
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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 |
2024-12-06
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Not certified. Notice of Appeal Prior case: 24-1865
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| On Behalf Of |
Levar Curtis Johnson
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| View |
View File
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Levar Curtis Johnson, as Trustee of the Levar Curtis Johnson Trust, Petitioner(s), v. Birch Homes, LLC, Respondent(s).
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3D2024-1865
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2024-10-22
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Closed
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| Classification |
Original Proceedings - Circuit Civil - Prohibition
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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
24-14415-CA-01
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Parties
| Name |
Levar Curtis Johnson, as Trustee of the Levar Curtis Johnson Trust
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| Role |
Petitioner
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| Status |
Active
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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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| Name |
BIRCH HOMES LLC
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| Role |
Respondent
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| Status |
Active
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| Representations |
David Stevenson Abrams
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Docket Entries
| Docket Date |
2024-11-12
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| Type |
Misc. Events
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| Subtype |
West Publishing
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| Description |
West Publishing
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| Docket Date |
2024-11-12
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| Type |
Mandate
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| Subtype |
Disp. w/o Mandate
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| Description |
Disp. w/o Mandate
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| Docket Date |
2024-10-24
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| Type |
Supreme Court
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| Subtype |
Notice to Invok. Disc. Jur. FSC
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| Description |
Notice to Invok. Disc. Jur. FSC
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| On Behalf Of |
Levar Curtis Johnson, as Trustee of the Levar Curtis Johnson Trust
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| View |
View File
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| Docket Date |
2024-10-22
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| Type |
Notice
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| Subtype |
Notice
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| Description |
Notice of Filing Certificate of Service
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| On Behalf Of |
Levar Curtis Johnson, as Trustee of the Levar Curtis Johnson Trust
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| View |
View File
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| Docket Date |
2024-10-22
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| Type |
Order
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| Subtype |
Certificate of Service
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| Description |
All pleadings filed in this Court must be served on each party and contain a Certificate of Service stating the names and addresses of those served. See Fla. R. App. P. 9.420. Within ten (10) days from the date of this Order, the appellant is directed to file with this Court a Certificate of Service indicating addresses of all parties in this appeal.
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| View |
View File
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| Docket Date |
2024-10-22
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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 |
2024-10-22
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| Type |
Event
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| Subtype |
Fee Satisfied
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| Description |
Fee Waived-Approved application for indigent status filed
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| Docket Date |
2024-10-22
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| Type |
Miscellaneous Document
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| Subtype |
Affidavit of Indigency
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| Description |
Approved application for indigent status-in confidential
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| On Behalf Of |
Levar Curtis Johnson, as Trustee of the Levar Curtis Johnson Trust
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| Docket Date |
2024-10-22
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| Type |
Petition
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| Subtype |
Petition Prohibition
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| Description |
Petition for Writ of Prohibition Incomplete certificate of service
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| On Behalf Of |
Levar Curtis Johnson, as Trustee of the Levar Curtis Johnson Trust
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| View |
View File
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| Docket Date |
2024-10-22
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
Upon consideration of the pro se Petition for Writ of Prohibition, it is ordered that said Petition is hereby dismissed. See Thompson v. State, 759 So. 2d 650, 659 (Fla. 2000) ("[T]he fact that a judge has ruled adversely to the party in the past does not constitute a legally sufficient ground for a motion to disqualify."); Aquasol Condo. Ass'n, Inc. v. HSBC Bank USA, Nat'l Ass'n, 312 So. 3d 105, 108 (Fla. 3d DCA 2018) ("A motion to disqualify a trial judge is properly denied where it is legally insufficient. In order to be legally sufficient, a motion to disqualify a judge must be well-founded and contain facts germane to the judge's undue bias, prejudice, or sympathy. Of significance, an adverse ruling is not a legally sufficient ground to disqualify the trial judge." (quoting Thompson, 759 So. 2d at 659-60)) (internal quotation marks omitted).
LINDSEY, MILLER and GORDO, JJ., concur.
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