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ASCENDANT COMMERCIAL INSURNACE, INC., Appellant(s) v. ELENA ALFARO, SPECTRUM SUNSHINE STATE, LLC, JAGUAR TECHNOLOGIES, INC., and JR CABLE, INC. Appellee(s).
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6D2024-0718
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2024-04-03
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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 Ninth Judicial Circuit, Orange County
2020-CA-003505-O
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Parties
| Name |
ASCENDANT COMMERCIAL INSURNACE, INC.
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| Role |
Appellant
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| Status |
Active
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| Representations |
WENDY JILL STEIN FULTON Esq., Fred Owen Goldberg
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| Name |
JAGUAR TECHNOLOGIES, INC.
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| Role |
Appellee
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| Status |
Active
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| Name |
JR CABLE INC
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| Role |
Appellee
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| Status |
Active
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| Name |
SPECTRUM SUNSHINE STATE, LLC
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| Role |
Appellee
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| Status |
Active
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| Name |
ELENA ALFARO
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| Role |
Appellee
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| Status |
Active
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| Representations |
PAUL MASCIA, ESQ., FERMIN LOPEZ, ESQ., STEPHEN A. MARINO Jr., Esq.
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|
| Name |
HON. BRIAN S. SANDOR
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| Role |
Judge/Judicial Officer
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| Status |
Active
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| Name |
Orange Clerk
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2024-11-25
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| Type |
Notice
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| Subtype |
Notice
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| Description |
APPELLEE'S NOTICE OF AGREED
EXTENSION OF TIME
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| On Behalf Of |
ELENA ALFARO
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| Docket Date |
2024-10-29
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| Type |
Notice
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| Subtype |
Notice
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| Description |
AMENDED NOTICE OF CONSTITUTIONAL CHALLENGE
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| On Behalf Of |
ASCENDANT COMMERCIAL INSURNACE, INC.
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| Docket Date |
2024-10-28
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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 |
ASCENDANT COMMERCIAL INSURNACE, INC.
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| Docket Date |
2024-10-16
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time - Answer Brief
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| Description |
30- AB DUE 11/25/2024
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| On Behalf Of |
ELENA ALFARO
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| Docket Date |
2024-09-26
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| Type |
Notice
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| Subtype |
Notice
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| Description |
NOTICE OF CONSTITUTIONAL CHALLENGE
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| On Behalf Of |
ASCENDANT COMMERCIAL INSURNACE, INC.
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| Docket Date |
2024-09-25
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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 |
ASCENDANT COMMERCIAL INSURNACE, INC.
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| Docket Date |
2024-09-25
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| Type |
Record
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| Subtype |
Appendix to Initial Brief
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| Description |
Appendix to Initial Brief
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| On Behalf Of |
ASCENDANT COMMERCIAL INSURNACE, INC.
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| Docket Date |
2024-09-13
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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 |
AGREED MOTION FOR
EXTENSION OF TIME TO FILE INITIAL BRIEF
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| On Behalf Of |
ASCENDANT COMMERCIAL INSURNACE, INC.
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| Docket Date |
2024-07-10
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| Type |
Order
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| Subtype |
Order Declining Referral to Mediation
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| Description |
This Court has reviewed the Mediation Questionnaire and related materials submitted by the parties and has determined that the instant appeal is not appropriate for 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 |
2024-06-24
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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 |
ELENA ALFARO
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| Docket Date |
2024-06-20
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
SANDOR - 1,009 PAGES
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| On Behalf Of |
Orange Clerk
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| Docket Date |
2024-06-07
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time - Initial Brief
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| Description |
Notice of Agreed Extension of Time - Initial Brief
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| On Behalf Of |
ASCENDANT COMMERCIAL INSURNACE, INC.
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| Docket Date |
2024-05-30
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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 |
ASCENDANT COMMERCIAL INSURNACE, INC.
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| Docket Date |
2024-05-29
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| Type |
Notice
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| Subtype |
Notice
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| Description |
NOTICE OF INABILITY TO PRODUCE THE RECORD ON APPEAL
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| On Behalf Of |
Orange Clerk
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| Docket Date |
2024-04-19
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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 |
2024-04-18
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| Type |
Miscellaneous Document
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| Subtype |
Pay Case Filing Fee-300
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| Description |
Pay Case Filing Fee-300
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| View |
View File
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| Docket Date |
2024-04-12
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
fee - civil; atty ~ 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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| Docket Date |
2024-04-12
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter 1 ~ ACKNOWLEDGMEMT LETTER
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| Docket Date |
2024-04-03
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
HL:Fee Owed
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| Docket Date |
2024-04-03
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
ASCENDANT COMMERCIAL INSURNACE, INC.
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| View |
View File
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| Docket Date |
2024-12-20
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time - Reply Brief
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| Description |
30- RB DUE 02/03/2025
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| On Behalf Of |
ASCENDANT COMMERCIAL INSURNACE, INC.
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| Docket Date |
2024-12-18
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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 |
ELENA ALFARO
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| Docket Date |
2024-10-18
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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 appendix 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 or an appealable non-final order. 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 |
2024-06-18
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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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DONALD DERRICK GAZIE, Appellant(s) v. J GARCIA CONSTRUCTION, INC., KNIGHT BROADBAND, LLC, SPECTRUM SUNSHINE STATE, LLC, Appellee(s).
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6D2023-4220
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2023-12-14
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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 Tenth Judicial Circuit, Polk County
2021CA-003573
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Parties
| Name |
DONALD DERRICK GAZIE
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| Role |
Appellant
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| Status |
Active
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| Name |
J GARCIA CONSTRUCTION INC.
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| Role |
Appellee
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| Status |
Active
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| Representations |
HILLARY MILLER, ESQ., MICHAEL PEROTTI, ESQ., Bryan Walker Black
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| Name |
KNIGHT BROADBAND LLC
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| Role |
Appellee
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| Status |
Active
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| Name |
SPECTRUM SUNSHINE STATE, LLC
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| Role |
Appellee
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| Status |
Active
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| Name |
HON. BRANDON RAFOOL
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| Role |
Judge/Judicial Officer
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| Status |
Active
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| Name |
STACY BUTTERFIELD, CLERK
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2024-01-11
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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 |
DONALD DERRICK GAZIE
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| Docket Date |
2023-12-20
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter 1
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| Docket Date |
2024-11-19
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| Type |
Record
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| Subtype |
Supplemental Record
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| Description |
OJEDA/RAFOOL - REDACTED - 68 PAGES
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| On Behalf Of |
STACY BUTTERFIELD, CLERK
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| Docket Date |
2024-07-08
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| Type |
Brief
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| Subtype |
Answer Brief
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| Description |
APPELLEES' JOINT ANSWER BRIEF
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| On Behalf Of |
J GARCIA CONSTRUCTION, INC.
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| View |
View File
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| Docket Date |
2024-06-28
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| Type |
Motions Relating to Records
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| Subtype |
Motion to Supplement Record
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| Description |
APPELLEES, J.GARCIA CONSTRUCTION, INC., KNIGHT BROADBAND, LLC, AND SPECTRUM SUNSHINE STATE, LLC'S, JOINT MOTION TO DIRECT CLERK OF LOWER TRIBUNAL TO SUPPLEMENT THE RECORD ON APPEAL WITH ORDER DENYING PLAINTIFF'S MOTION FOR REHEARING DATED MARCH 14, 2024 IN THE EVENT THE JOINT MOTION TO DISMISS THE APPEAL IS DENIED
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| On Behalf Of |
J GARCIA CONSTRUCTION, INC.
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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 |
J GARCIA CONSTRUCTION, INC.
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| Docket Date |
2024-06-20
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| Type |
Brief
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| Subtype |
Supplemental Initial Brief
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| Description |
Supplement to Initial Brief
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| On Behalf Of |
DONALD DERRICK GAZIE
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| View |
View File
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| Docket Date |
2024-06-20
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| Type |
Response
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| Subtype |
Response
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| Description |
Response to allegations within Motion to Dismiss
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| On Behalf Of |
DONALD DERRICK GAZIE
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| Docket Date |
2024-06-12
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| Type |
Response
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| Subtype |
Response
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| Description |
Response to Motion to Dismiss
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| On Behalf Of |
DONALD DERRICK GAZIE
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| Docket Date |
2024-06-10
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| Type |
Order
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| Subtype |
Order
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| Description |
To the extent that the motion to dismiss or for clarification indicates that an order tolling rendition in the lower tribunal has been rendered such that the appeal can proceed, appellant may seek supplementation of the record on appeal with that order by filing a motion to supplement the record within ten days from the date of this order.
Appellant shall additionally respond within ten days from the date of this order to indicate whether appellant intends to file an amended initial brief in this appeal as a result of the entry of the order on his motion for reconsideration.
Appellant may also otherwise respond to the allegations within the motion to dismiss within ten days from the date of this order.
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| View |
View File
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| Docket Date |
2024-06-03
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| Type |
Motions Other
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| Subtype |
Motion To Dismiss
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| Description |
APPELLEES, J.GARCIA CONSTRUCTION, INC., KNIGHT BROADBAND, LLC, AND SPECTRUM SUNSHINE STATE, LLC'S, JOINT MOTION TO DISMISS APPEAL, OR IN THE ALTERNATVE, MOTION FOR CLARIFICATION OF STATUS OF APPEAL
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| On Behalf Of |
J GARCIA CONSTRUCTION, INC.
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| Docket Date |
2024-04-09
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Received Records ~ RAFOOL - REDACTED - 332 PAGES
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| On Behalf Of |
STACY BUTTERFIELD, CLERK
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| View |
View File
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| Docket Date |
2024-03-28
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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 |
DONALD DERRICK GAZIE
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| Docket Date |
2024-03-28
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| Type |
Misc. Events
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| Subtype |
Status Report
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| Description |
Status Report ~ ON RECORD
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| On Behalf Of |
STACY BUTTERFIELD, CLERK
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| Docket Date |
2024-03-27
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| Type |
Order
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| Subtype |
Order to File Status Report
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| Description |
status report from clerk on record ~ Within ten days of the date of this order, the lower tribunal clerk must file a status report concerning the preparation and transmission of the record.
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| Docket Date |
2023-12-20
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
fee - civil; pro se ~ This appeal has been filed without a filing fee required by section35.22(2)(a), Florida Statutes.Appellant shall forward the required $300.00 filing fee or, if applicable, acertificate or order from the lower tribunal finding appellant insolvent pursuantto section 57.081 or 57.085, Florida Statutes, as applicable, within forty daysfrom the date of this order.If this court does not receive either of the above within the prescribedtime, this appeal may be subject to dismissal without further notice.
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| Docket Date |
2023-12-14
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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 |
2023-12-14
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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 |
DONALD DERRICK GAZIE
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| Docket Date |
2024-10-17
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| Type |
Order
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| Subtype |
Order on Motion To Dismiss
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| Description |
"Appellees, J. Garcia Construction, Inc., Knight Broadband, LLC, and Spectrum Sunshine State, LLC's, joint motion to dismiss appeal, or in the alternative, motion for clarification of status of appeal" is denied without prejudice. "Appellees, J. Garcia Construction, Inc., Knight Broadband, LLC, and Spectrum Sunshine State, LLC's, joint motion to direct clerk of the lower tribunal to supplement the record on appeal with order denying plaintiff's motion for rehearing dated March 14, 2024 in the event the joint motion to dismiss is denied" is granted, and appellee shall make arrangements within three days with the clerk of the lower tribunal for the supplementation of the record with the items mentioned in the motion, with the supplemental record to be filed in this court within fifteen days from the date of this order.
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View File
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