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ESTATE OF ROSE CASTILLO, EMILY YEDERLINIC, AND DON BURLESON-CASTILLO, Appellant(s) v. HEATHER HILL NURSING CENTER, LLC, ET AL., Appellee(s).
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2D2023-1570
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2023-07-24
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Closed
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| Classification |
NOA Non Final - Circuit Civil - Other
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| Court |
2nd District Court of Appeal
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| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pasco County
22-CA-2823
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Parties
| Name |
DON BURLESON-CASTILLO
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ESTATE OF ROSE CASTILLO
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
RAINEY C. BOOTH, JR., ESQ., JOANNA M. GREBER - DETTLOFF, ESQ., MEGAN M. HUNTER, ESQ.
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|
| Name |
EMILY YEDERLINIC
|
| Role |
Appellant
|
| Status |
Active
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|
| Name |
HEALTH SERVICES MANAGEMENT, INC.
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| Role |
Appellee
|
| Status |
Active
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|
| Name |
HEALTH SERVICES MANAGEMENT OF FLORIDA, LLC
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| Role |
Appellee
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| Status |
Active
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|
| Name |
SHELBY SCOTT JACKSON
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| Role |
Appellee
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| Status |
Active
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|
| Name |
CHRISTINA BRANCATO
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| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. DECLAN P. MANSFIELD
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| Role |
Judge/Judicial Officer
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| Status |
Active
|
|
| Name |
PASCO CLERK
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| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
HEATHER HILL NURSING CENTER, LLC
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| Role |
Appellee
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| Status |
Active
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| Representations |
BRANDON SZYMULA, ESQ., KATHRYN DUNNAM HARDEN, ESQ., JAMES J. MASKOWITZ, ESQ.
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Docket Entries
| Docket Date |
2024-05-20
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| Type |
Misc. Events
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| Subtype |
West Publishing
|
| Description |
West Publishing
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|
| Docket Date |
2024-05-20
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| Type |
Mandate
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| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
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|
| Docket Date |
2024-04-19
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| Type |
Disposition by Opinion
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| Subtype |
Reversed
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| Description |
Reversed and remanded.
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| View |
View File
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| Docket Date |
2024-02-06
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| Type |
Misc. Events
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| Subtype |
Oral Argument Date Set
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| Description |
Oral Argument Date Set ~ Remote
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|
| Docket Date |
2023-12-06
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| Type |
Motions Relating to Oral Argument
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| Subtype |
Motion/Request for Oral Argument
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| Description |
Request for Oral Argument
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| On Behalf Of |
HEATHER HILL NURSING CENTER, LLC
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|
| Docket Date |
2023-11-22
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| Type |
Brief
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| Subtype |
Reply Brief
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| Description |
Appellant Reply Brief
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| On Behalf Of |
ESTATE OF ROSE CASTILLO
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| Docket Date |
2023-10-23
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| Type |
Brief
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| Subtype |
Answer Brief
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| Description |
Appellee Answer Brief
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| On Behalf Of |
HEATHER HILL NURSING CENTER, LLC
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| Docket Date |
2023-10-16
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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 |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shall beserved by October 23, 2023.
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| Docket Date |
2023-10-09
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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 |
Mot. for Extension of time to file Answer Brief
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| On Behalf Of |
HEATHER HILL NURSING CENTER, LLC
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| Docket Date |
2023-09-13
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| Type |
Record
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| Subtype |
Appendix to Initial Brief
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| Description |
Appendix for Initial Brief
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| On Behalf Of |
ESTATE OF ROSE CASTILLO
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| Docket Date |
2023-09-08
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| Type |
Order
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| Subtype |
Amended/Additional Filing(s) Needed
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| Description |
Corrected Appendix Required ~ The appendix to the Initial Brief does not comply with Florida Rule of AppellateProcedure 9.220(c).• Appendix is not bookmarked.• Appendix is not fully text searchable.Appellant shall file a corrected appendix within ten days from the date of thisorder.
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| Docket Date |
2023-09-07
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| Type |
Record
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| Subtype |
Appendix to Initial Brief
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| Description |
Appendix for Initial Brief ~ NOT BOOKMARKED
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| On Behalf Of |
ESTATE OF ROSE CASTILLO
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|
| Docket Date |
2023-09-07
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Appellant Brief on Merits
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| On Behalf Of |
ESTATE OF ROSE CASTILLO
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|
| Docket Date |
2023-08-23
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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 |
ESTATE OF ROSE CASTILLO
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|
| Docket Date |
2023-08-04
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall beserved by September 7, 2023.
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| Docket Date |
2023-08-03
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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 |
ESTATE OF ROSE CASTILLO
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| Docket Date |
2023-08-03
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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 |
Mot. for Extension of time to file Initial Brief
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| On Behalf Of |
ESTATE OF ROSE CASTILLO
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|
| Docket Date |
2023-07-24
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed ~ W/ORDER APPEALED
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| On Behalf Of |
ESTATE OF ROSE CASTILLO
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|
| Docket Date |
2023-07-24
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
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|
| Docket Date |
2023-07-24
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| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
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|
| Docket Date |
2023-12-11
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| Type |
Order
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| Subtype |
Order Re: Video Oral Argument
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| Description |
OA Notice Video ~ This case is provisionally set for oral argument on TUESDAY, FEBRUARY 06, 2024, at 9:30 A.M., before: Judge Morris Silberman, Judge Robert J. Morris, Judge Andrea T. Smith. The oral argument will be conducted by video conference. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to sign in 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, 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.Within ten days from the date of this order, any attorney or party who will be presenting argument is requested to provide the Clerk of the Court with the email address where the video invitation should be sent and a telephone number. This information may be sent by email to 2dcaClerk@flcourts.org. The Clerk of the Court will provide each participant with connection instructions, including the opportunity for a test session, before the argument.
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| Docket Date |
2023-07-24
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| Type |
Order
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| Subtype |
Nonfinal Appeals
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| Description |
nonfinal appeal order for initial brief ~ This proceeding is a nonfinal appeal, or an appeal of a specified final order,governed by Florida Rule of Appellate Procedure 9.130. The initial brief and appendixshall be served within fifteen days of the date of this order. The appellee(s) shall servethe answer brief(s) within thirty days of service of the initial brief.
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ESTATE OF LEATRICE E. HANLEY BY AND THROUGH ROBIN J. HANLEY, PERSONAL RESPRESENTATIVE VS HEATHER HILL NURSING CENTER, LLC, ET AL.
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SC2021-0016
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2021-01-05
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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 Sixth Judicial Circuit, Pasco County
512014CA001514CAAXWS
Circuit Court for the Sixth Judicial Circuit, Pasco County
2D20-2852
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Parties
| Name |
Estate of Leatrice E. Hanley
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| Role |
Petitioner
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| Status |
Active
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|
| Name |
Robin J. Hanley
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| Role |
Petitioner
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| Status |
Active
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|
| Name |
Richard Musgrave, RN
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| Role |
Respondent
|
| Status |
Active
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|
| Name |
Meredith Gorr
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| Role |
Respondent
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| Status |
Active
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|
| Name |
Brian S. Jackson
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| Role |
Respondent
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| Status |
Active
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|
| Name |
Karen Boisvere
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| Role |
Respondent
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| Status |
Active
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|
| Name |
NHA LLC
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| Role |
Respondent
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| Status |
Active
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|
| Name |
HEATHER HILL NURSING CENTER, LLC
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| Role |
Respondent
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| Status |
Active
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| Representations |
MICHAEL G. STOFER, Blair H. Clarke
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|
| Name |
Hayath Javeed M.D.
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| Role |
Respondent
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| Status |
Active
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|
| Name |
HEALTH SERVICES MANAGEMENT, INC.
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| Role |
Respondent
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| Status |
Active
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|
| Name |
Hon. Kimberly Sharpe Byrd
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
Hon. Nikki Alvarez-Sowles
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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|
| Name |
Hon. Mary Beth Kuenzel
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2021-01-07
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| Type |
Disposition
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| Subtype |
Rev/Appeal Dism No Juris Omnibus
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| Description |
DISP-REV/APPEAL DISM NO JURIS OMNIBUS ~ This case is hereby dismissed. This Court lacks jurisdiction to review an unelaborated decision from a district court of appeal that is issued without opinion or explanation or that merely cites to an authority that is not a case pending review in, or reversed or quashed by, this Court. See Wheeler v. State, 296 So. 3d 895 (Fla. 2020); Wells v. State, 132 So. 3d 1110 (Fla. 2014); Jackson v. State, 926 So. 2d 1262 (Fla. 2006); Gandy v. State, 846 So. 2d 1141 (Fla. 2003); Stallworth v. Moore, 827 So. 2d 974 (Fla. 2002); Harrison v. Hyster Co., 515 So. 2d 1279 (Fla. 1987); Dodi Publ'g Co. v. Editorial Am. S.A., 385 So. 2d 1369 (Fla. 1980); Jenkins v. State, 385 So. 2d 1356 (Fla. 1980). No motion for rehearing or reinstatement will be entertained by the Court.
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| Docket Date |
2021-01-05
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
DM:Case Dismissed
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| Docket Date |
2021-01-05
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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 |
Estate of Leatrice E. Hanley
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| View |
View File
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ESTATE OF LEATRICE E. HANLEY BY AND THROUGH ROBIN J. HANLEY, PERSONAL RESPRESENTATIVE VS HEATHER HILL NURSING CENTER, LLC, ET AL
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2D2020-2852
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2020-09-29
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Closed
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| Classification |
NOA Final - Circuit Civil - Other
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| Court |
2nd District Court of Appeal
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| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pasco County
14-CA-1514
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Parties
| Name |
ESTATE OF LEATRICE E. HANLEY
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| Role |
Appellant
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| Status |
Active
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| Name |
ROBIN J. HANLEY
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| Role |
Appellant
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| Status |
Active
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|
| Name |
MEREDITH GORR
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| Role |
Appellee
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| Status |
Active
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|
| Name |
HEATHER HILL NURSING CENTER, LLC
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| Role |
Appellee
|
| Status |
Active
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| Representations |
MICHAEL G. STOFER, ESQ., BLAIR CLARKE, ESQ.
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|
| Name |
BRIAN S. JACKSON, NHA
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| Role |
Appellee
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| Status |
Active
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|
| Name |
KAREN BOISVERE
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| Role |
Appellee
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| Status |
Active
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| Name |
HAYATH JAVEED, M. D.
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| Role |
Appellee
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| Status |
Active
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|
| Name |
RICHARD MUSGRAVE, RN
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| Role |
Appellee
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| Status |
Active
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|
| Name |
HEALTH SERVICES MANAGEMENT, INC.
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| Role |
Appellee
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| Status |
Active
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|
| Name |
HON. KIMBERLY SHARPE BYRD
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
PASCO CLERK
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2020-11-06
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| Type |
Order
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| Subtype |
Order on Motion To Dismiss
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| Description |
ORD-DENYING APPELLEE'S MOTION TO DISMISS ~ Appellees’ motion to dismiss is denied. Appellant's response fails to demonstrate that Appellant is the "sole interested person," as required by this court's October 2, 2020, order. Within fifteen days of the date of this order, Appellant shall secure counsel who must file a notice of appearance in this case. Failure to timely comply with this order will result in this appeal being dismissed.
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| Docket Date |
2020-11-02
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| Type |
Record
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| Subtype |
Appendix to Response
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| Description |
APPENDICES /ATTACHMENTS TO RESPONSE
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| On Behalf Of |
ROBIN J. HANLEY
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| Docket Date |
2020-11-02
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| Type |
Response
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| Subtype |
Response
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| Description |
RESPONSE ~ TO COURT ORDER REQUIRING APPELLANT ESTABLISH GROUNDS FOR EXCEPTION TO FLORIDA PROBATE RULE 5.030(a)
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| On Behalf Of |
ROBIN J. HANLEY
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| Docket Date |
2020-10-28
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| Type |
Motions Other
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| Subtype |
Motion To Dismiss
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| Description |
Motion To Dismiss ~ MOTION TO DISMISS APPEAL FOR LACK OF JURISDICTION
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| On Behalf Of |
HEATHER HILL NURSING CENTER, LLC
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| Docket Date |
2020-10-28
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| Type |
Record
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| Subtype |
Appendix to Motion
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| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT
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| On Behalf Of |
HEATHER HILL NURSING CENTER, LLC
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| Docket Date |
2020-10-23
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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 |
HEATHER HILL NURSING CENTER, LLC
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| Docket Date |
2020-09-30
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
fee - civil; pro se
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| Docket Date |
2020-10-02
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| Type |
Order
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| Subtype |
Order
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| Description |
Miscellaneous Order ~ In the absence of the exception defined in Florida Probate Rule 5.030(a), the appellant as personal representative of an estate must appear in this court by counsel. The appellant shall, within 30 days of the date of this order, furnish to this court relevant portions of the probate record, and appropriate argument in proper form, to establish that he/she is the "sole interested person" in the related probate proceeding. Alternatively, the appellant may, within the same timeframe, secure the proper, written appearance of counsel. See Benedetto v. Columbia Park Healthcare Systems, 922 So. 2d 416 (Fla. 5th DCA 2006). In the absence of a timely response to this order, the appeal will be subject to dismissal without further notice.
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| Docket Date |
2020-09-30
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
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| Docket Date |
2020-09-29
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed ~ WITH ORDER
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| On Behalf Of |
ROBIN J. HANLEY
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| Docket Date |
2020-09-29
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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 |
2020-11-09
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| Type |
Motions Relating to Parties and Counsel
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| Subtype |
Motion For Substitution of Parties
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| Description |
Motion For Substitution of Parties ~ *STRICKEN-SEE 11/19/2020 ORDER.*
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| On Behalf Of |
ROBIN J. HANLEY
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| Docket Date |
2020-11-09
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| Type |
Record
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| Subtype |
Appendix to Motion
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| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT
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| On Behalf Of |
ROBIN J. HANLEY
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| Docket Date |
2020-11-09
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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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| Docket Date |
2021-01-07
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| Type |
Supreme Court
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| Subtype |
Supreme Court Miscellaneous
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| Description |
Supreme Court Disposition ~ This case is hereby dismissed. This Court lacks jurisdiction to review anunelaborated decision from a district court of appeal that is issued without opinionor explanation or that merely cites to an authority that is not a case pending reviewin, or reversed or quashed by, this Court. See Wheeler v. State, 296 So. 3d 895 (Fla.2020); Wells v. State, 132 So. 3d 1110 (Fla. 2014); Jackson v. State, 926 So. 2d1262 (Fla. 2006); Gandy v. State, 846 So. 2d 1141 (Fla. 2003); Stallworth v.Moore, 827 So. 2d 974 (Fla. 2002); Harrison v. Hyster Co., 515 So. 2d 1279 (Fla.1987); Dodi Publ’g Co. v. Editorial Am. S.A., 385 So. 2d 1369 (Fla. 1980); Jenkinsv. State, 385 So. 2d 1356 (Fla. 1980).No motion for rehearing or reinstatement will be entertained by the Court.
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| Docket Date |
2021-01-05
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| Type |
Supreme Court
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| Subtype |
Notice to Invok. Disc. Jur. FSC
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| Description |
NOTICE OF DISCRETN. JURISDICTN
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|
| Docket Date |
2021-01-04
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| Type |
Supreme Court
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| Subtype |
Notice to Invok. Disc. Jur. FSC
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| Description |
Notice of Discretional Jurisdiction to Supreme Court
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| On Behalf Of |
ROBIN J. HANLEY
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| Docket Date |
2020-12-02
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| Type |
Order
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| Subtype |
Order on Motion for Rehearing
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| Description |
ORD-DENYING REHEARING ~ Appellant's motion for rehearing and clarification is denied. This appeal is dismissed for failing to comply with this court's orders dated November 6, 2020, and November 19, 2020.
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| Docket Date |
2020-12-02
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| Type |
Disposition
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| Subtype |
Dismissed
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| Description |
Dismissed - Order by Judge ~ CASANUEVA, VILLANTI, AND ROTHSTEIN-YOUAKIM
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|
| Docket Date |
2020-11-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO APPELLANT'S MOTION FOR REHEARING AND MOTION FOR CLARIFICATION
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| On Behalf Of |
HEATHER HILL NURSING CENTER, LLC
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|
| Docket Date |
2020-11-23
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT
|
| On Behalf Of |
ROBIN J. HANLEY
|
|
| Docket Date |
2020-11-23
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ AND MOTION FOR CLARIFICATION
|
| On Behalf Of |
ROBIN J. HANLEY
|
|
| Docket Date |
2020-11-19
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellant's motion for substitution of party is stricken. If Appellant does not comply with this court's November 6, 2020, order by securing counsel by November 23, 2020, this appeal will be dismissed.
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