Docket Date |
2024-03-25
|
Type |
Order
|
Subtype |
Order to Serve Brief
|
Description |
Brief Overdue ~ Appellant shall serve the initial brief within twenty days from the date of thisorder, or this appeal will be subject to dismissal without further notice based on failure toprosecute.
|
|
Docket Date |
2024-03-22
|
Type |
Motions Other
|
Subtype |
Motion To Stay
|
Description |
Emergency Motion To Stay ~ EMERGENCY MOTION TO STAY DISBURSEMENT OF BUCK-LEITER FUNDSFROM THE COURT REGISTRY
|
On Behalf Of |
Buck-Leiter Palm Avenue Development, LLC
|
|
Docket Date |
2024-03-22
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Buck-Leiter Palm Avenue Development, LLC
|
|
Docket Date |
2023-06-05
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response
|
On Behalf Of |
Buck-Leiter Palm Avenue Development, LLC
|
|
Docket Date |
2024-03-20
|
Type |
Order
|
Subtype |
Order on Motion to Appear Pro Hac Vice
|
Description |
Deny Pro Hac Vice Appearance-Noncompl-41 ~ Attorney Thomas E. Leiter's "verified motion for admission to appear pro hac vicepursuant to Florida Rule of General Practice and Judicial Administration 2.510" isdenied.
|
|
Docket Date |
2024-03-04
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ INTERVENOR'S RESPONSE IN OPPOSITION TO VERIFIED MOTION FOR ADMISSION TO APPEAR PRO HAC VICE
|
On Behalf Of |
Jack Buck
|
|
Docket Date |
2024-03-01
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion to Appear Pro Hac Vice
|
Description |
Motion For Leave To Appear as Foreign Counsel ~ Thomas E. Leiter
|
On Behalf Of |
Buck-Leiter Palm Avenue Development, LLC
|
|
Docket Date |
2023-06-07
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to File Response
|
Description |
Grant EOT Response to Court Order-74a ~ Appellant's motion for extension of time is granted, and appellant shall serve aresponse to this court's May 25, 2023, order on or before June 9, 2023.
|
|
Docket Date |
2024-09-19
|
Type |
Misc. Events
|
Subtype |
Oral Argument Date Set
|
Description |
Oral Argument Date Set
|
|
Docket Date |
2024-09-18
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Intervenor's motion for leave to file limited sur-reply brief is denied.
|
View |
View File
|
|
Docket Date |
2024-08-26
|
Type |
Response
|
Subtype |
Response
|
Description |
APPELLANT'S RESPONSE IN OPPOSITION TO APPELLEE'S MOTION FOR LEAVE TO FILE SUR REPLY BRIEF
|
On Behalf Of |
Buck-Leiter Palm Avenue Development, LLC
|
|
Docket Date |
2024-08-12
|
Type |
Response
|
Subtype |
Response
|
Description |
INTERVENOR'S RESPONSE IN OPPOSITION TO
APPELLANT'S MOTION FOR ATTORNEY'S FEES
|
On Behalf Of |
Jack Buck
|
|
Docket Date |
2024-08-09
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
INTERVENOR'S MOTION FOR LEAVE TO FILE LIMITED SUR-REPLY BRIEF
|
On Behalf Of |
Jack Buck
|
|
Docket Date |
2024-08-07
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Reply Brief
|
On Behalf Of |
Buck-Leiter Palm Avenue Development, LLC
|
View |
View File
|
|
Docket Date |
2024-08-07
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
Buck-Leiter Palm Avenue Development, LLC
|
|
Docket Date |
2024-07-12
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
"Intervenors Unopposed Motion to Supplement Record on Appeal" is denied. See Altchiler v. State, 442 So. 2d 349, 350 (Fla. 1st DCA 1983).
|
View |
View File
|
|
Docket Date |
2024-07-10
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Motion/Request for Oral Argument
|
On Behalf Of |
Buck-Leiter Palm Avenue Development, LLC
|
|
Docket Date |
2024-07-08
|
Type |
Record
|
Subtype |
Appendix to Answer Brief
|
Description |
Appendix to Answer Brief
|
On Behalf Of |
Jack Buck
|
|
Docket Date |
2024-07-08
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Answer Brief
|
On Behalf Of |
Jack Buck
|
View |
View File
|
|
Docket Date |
2024-06-18
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion to Supplement Record
|
On Behalf Of |
Jack Buck
|
|
Docket Date |
2024-06-14
|
Type |
Order
|
Subtype |
Order on Motion to Stay
|
Description |
The "Emergency Motion for Stay Pending Review Pursuant to Appellate Rule 9.310(f)" is denied.
|
View |
View File
|
|
Docket Date |
2024-06-07
|
Type |
Record
|
Subtype |
Appendix to Motion
|
Description |
Appendix to Motion
|
On Behalf Of |
Buck-Leiter Palm Avenue Development, LLC
|
|
Docket Date |
2024-06-07
|
Type |
Motions Other
|
Subtype |
Motion To Stay
|
Description |
EMERGENCY MOTION FOR STAY PENDING REVIEW PURSUANT TO APPELLATE RULE 9.310(f)
|
On Behalf Of |
Buck-Leiter Palm Avenue Development, LLC
|
|
Docket Date |
2024-05-31
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Appellee's motion for extension of time is granted, and the answer brief shall be served by July 8, 2024.
|
View |
View File
|
|
Docket Date |
2024-05-29
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Motion for Extension of Time to Serve Answer Brief
|
On Behalf Of |
Jack Buck
|
|
Docket Date |
2024-05-15
|
Type |
Record
|
Subtype |
Supplemental Record Redacted
|
Description |
Supplemental Record Redacted - 247 PAGES
|
|
Docket Date |
2024-04-30
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Appellee's motion for extension of time is granted, and the answer brief shall be served by June 5, 2024.
|
View |
View File
|
|
Docket Date |
2024-04-29
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Motion for Extension of Time to Serve Answer Brief
|
On Behalf Of |
Jack Buck
|
|
Docket Date |
2024-04-19
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
Appellant's "emergency motion to stay disbursement of Buck-Leiter funds from the court registry" is denied. Appellant's motion to supplement the record is granted, and appellant 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 twenty-five days from the date of this order.
|
View |
View File
|
|
Docket Date |
2024-04-08
|
Type |
Response
|
Subtype |
Reply
|
Description |
REPLY ~ REPLY TO RESPONSE IN OPPOSITION TO APPELLANT'S EMERGENCY MOTION TO STAY DISBURSEMENT OF BUCK-LEITER FUNDS FROM THE COURT REGISTRY
|
On Behalf Of |
Buck-Leiter Palm Avenue Development, LLC
|
|
Docket Date |
2024-04-05
|
Type |
Record
|
Subtype |
Appendix to Initial Brief
|
Description |
Appendix for Initial Brief
|
On Behalf Of |
Buck-Leiter Palm Avenue Development, LLC
|
|
Docket Date |
2024-04-05
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits
|
On Behalf Of |
Buck-Leiter Palm Avenue Development, LLC
|
View |
View File
|
|
Docket Date |
2024-04-04
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ INTERVENOR'S RESPONSE IN OPPOSITION TO APPELLANT'S SECOND MOTION FOR STAY PENDING REVIEW
|
On Behalf Of |
Jack Buck
|
|
Docket Date |
2024-04-01
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
Description |
Motion To File Supplemental Record
|
On Behalf Of |
Buck-Leiter Palm Avenue Development, LLC
|
|
Docket Date |
2024-02-27
|
Type |
Motions Other
|
Subtype |
Motion To Stay
|
Description |
Emergency Motion To Stay ~ EMERGENCY MOTION TO STAY DISBURSEMENT OF BUCK-LEITER FUNDS FROM THE COURT REGISTRY
|
On Behalf Of |
Buck-Leiter Palm Avenue Development, LLC
|
|
Docket Date |
2024-02-23
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Buck-Leiter Palm Avenue Development, LLC
|
|
Docket Date |
2024-02-21
|
Type |
Order
|
Subtype |
Order on Motion To Withdraw as Counsel
|
Description |
Order Denying Withdraw as Counsel ~ The motions to withdraw as counsel filed by Attorneys Edmund S. Whitson, III and Colin T. Dean are denied without prejudice to the attorneys filing a renewed motion to withdraw which complies with Florida Rule of Appellate Procedure 9.440(d)(3). The motion to withdraw must demonstrate service on the client and provide the client's address.
|
|
Docket Date |
2024-02-21
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion To Withdraw as Counsel
|
Description |
Motion To Withdraw as Counsel
|
On Behalf Of |
Buck-Leiter Palm Avenue Development, LLC
|
|
Docket Date |
2024-02-13
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion To Withdraw as Counsel
|
Description |
Motion To Withdraw as Counsel ~ NOTICE OF JOINING IN MOTION TO WITHDRAW AS COUNSEL
|
On Behalf Of |
Buck-Leiter Palm Avenue Development, LLC
|
|
Docket Date |
2024-02-12
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion To Withdraw as Counsel
|
Description |
Motion To Withdraw as Counsel
|
On Behalf Of |
Buck-Leiter Palm Avenue Development, LLC
|
|
Docket Date |
2024-02-12
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 14 DAYS - IB DUE ON 02/26/24
|
On Behalf Of |
Buck-Leiter Palm Avenue Development, LLC
|
|
Docket Date |
2023-12-19
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30 - IB DUE 02/12/2024
|
On Behalf Of |
Buck-Leiter Palm Avenue Development, LLC
|
|
Docket Date |
2023-12-13
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Deny Miscellaneous Motion-79a ~ Intervenor's motion to dismiss is denied. Appellant shall file the initial brief within30 days of the date of this order.
|
|
Docket Date |
2023-11-21
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLANT'S RESPONSE IN OPPOSITION TOJACK BUCK'S MOTION TO DISMISS APPEAL
|
On Behalf Of |
Buck-Leiter Palm Avenue Development, LLC
|
|
Docket Date |
2023-11-06
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Deny Miscellaneous Motion-79a ~ Appellant has filed a “motion for stay pending review” and a “motion for stay of disbursement of funds in registry pending review,” seeking review of the lower tribunal's order denying stay. We have reviewed the lower tribunal's order, and the order is approved. Intervenor’s “motion to strike Appellant’s motion for stay pending review” is denied. Appellant shall respond to Intervenor’s motion to dismiss this appeal within 15 days of the date of this order.
|
|
Docket Date |
2023-10-30
|
Type |
Response
|
Subtype |
Reply
|
Description |
REPLY ~ APPELLANT'S REPLY TO JACK BUCK'S RESPONSE IN OPPOSITION TO MOTION FOR STAY PENDING REVIEW
|
On Behalf Of |
Buck-Leiter Palm Avenue Development, LLC
|
|
Docket Date |
2023-10-27
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ WILLIAMS - 7355 PAGES REDACTED
|
On Behalf Of |
Sarasota Clerk
|
|
Docket Date |
2023-10-26
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ INTERVENOR'S RESPONSE IN OPPOSITIONAPPELLANT'S MOTION FOR STAY PENDING REVIEW
|
On Behalf Of |
Jack Buck
|
|
Docket Date |
2023-10-26
|
Type |
Record
|
Subtype |
Appendix to Response
|
Description |
APPENDICES /ATTACHMENTS TO RESPONSE
|
On Behalf Of |
Jack Buck
|
|
Docket Date |
2023-10-25
|
Type |
Motions Other
|
Subtype |
Motion To Strike
|
Description |
Motion To Strike ~ INTERVENOR'S MOTION TO STRIKE APPELLANT'S MOTION FOR STAY PENDINGREVIEW, AND MOTION TO DISMISS APPEAL
|
On Behalf Of |
Jack Buck
|
|
Docket Date |
2023-10-25
|
Type |
Record
|
Subtype |
Appendix to Motion
|
Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT ~ INTERVENOR'S MOTION TO STRIKE APPELLANT'S MOTION FOR STAY PENDINGREVIEW, AND MOTION TO DISMISS APPEAL
|
On Behalf Of |
Jack Buck
|
|
Docket Date |
2023-10-23
|
Type |
Record
|
Subtype |
Transcript
|
Description |
Transcript Received
|
On Behalf Of |
Buck-Leiter Palm Avenue Development, LLC
|
|
Docket Date |
2023-10-23
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing
|
On Behalf Of |
Buck-Leiter Palm Avenue Development, LLC
|
|
Docket Date |
2023-10-19
|
Type |
Order
|
Subtype |
Order
|
Description |
MISCELLANEOUS ORDER ~ Appellee shall respond to Appellant's motion for stay pending review within 7days of the date of this order. Appellant may reply within 3 days of service of theresponse.
|
|
Docket Date |
2023-10-18
|
Type |
Order
|
Subtype |
Order
|
Description |
MISCELLANEOUS ORDER ~ In light of the appellant's status report, this court acknowledges the expiration of the bankruptcy stay due to the dismissal of the appellant's bankruptcy proceeding in case 8:23-bk-01803-CPM, United States Bankruptcy Court, Middle District of Florida. This appeal shall proceed. Appellant's motion for extension of time is granted, and the initial brief shall be served within 30 days of the date of this order.Appellant's motion to stay is treated as a motion to review the trial court's order denying stay. See Fla. R. App. P. 9.310(a), (f). Within seven days of the date of this order, Appellant shall supplement the motion to review with a copy of the motion to stay it filed in the trial court.
|
|
Docket Date |
2023-10-18
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ APPELLANT'S NOTICE OF COMPLIANCE WITH COURT'S ORDER ON OCTOBER 18, 2023
|
On Behalf Of |
Buck-Leiter Palm Avenue Development, LLC
|
|
Docket Date |
2023-10-16
|
Type |
Motions Other
|
Subtype |
Motion To Stay
|
Description |
Emergency Motion To Stay
|
On Behalf Of |
Buck-Leiter Palm Avenue Development, LLC
|
|
Docket Date |
2023-10-16
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report
|
On Behalf Of |
Buck-Leiter Palm Avenue Development, LLC
|
|
Docket Date |
2023-07-19
|
Type |
Order
|
Subtype |
Order re Stay
|
Description |
bankruptcy stay ~ This court's May 25, 2023, order to show cause is discharged.This court is prevented from any action in this appeal due to the automatic stay provision of 11 U.S.C., Section 362, Bankruptcy Code, unless a party receives stay relief from the bankruptcy court which at this time has jurisdiction. The parties are directed to inform this court when the bankruptcy court grants relief from the automatic stay or when the stay lapses. If neither of these events occurs within 120 days of this order, the parties shall provide this court with individual status reports or a joint report.Appellant's motion for extension of time to file initial brief remains pending.
|
|
Docket Date |
2023-07-07
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
|
On Behalf Of |
Buck-Leiter Palm Avenue Development, LLC
|
|
Docket Date |
2023-06-09
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLANT'S RESPONSE TO ORDER TO SHOW CAUSE
|
On Behalf Of |
Buck-Leiter Palm Avenue Development, LLC
|
|
Docket Date |
2023-05-05
|
Type |
Notice
|
Subtype |
Suggestion of Bankruptcy
|
Description |
Suggestion of Bankruptcy
|
On Behalf Of |
Buck-Leiter Palm Avenue Development, LLC
|
|
Docket Date |
2023-05-03
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid through Portal
|
On Behalf Of |
Buck-Leiter Palm Avenue Development, LLC
|
|
Docket Date |
2023-05-01
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ W/ORDER
|
On Behalf Of |
Buck-Leiter Palm Avenue Development, LLC
|
|
Docket Date |
2023-05-01
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2023-05-01
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
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.
|
|
Docket Date |
2023-05-01
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2025-01-10
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2025-01-10
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
View |
View File
|
|
Docket Date |
2024-12-06
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Appellant Buck-Leiter Palm Avenue Development, LLC, moves for appellate attorney's fees as a prevailing party and pursuant to its Mediated Settlement & Release Agreement with Appellee City of Sarasota. Appellee Jack Buck also moves for appellate attorney's fees under section 57.105, Florida Statutes (2019). Both motions are denied.
|
View |
View File
|
|
Docket Date |
2024-12-06
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed
|
View |
View File
|
|
Docket Date |
2024-09-19
|
Type |
Notice
|
Subtype |
Notice of Oral Argument
|
Description |
This case is provisionally set for oral argument on November 15, 2024, at 9:00 AM, before: Judge Daniel H. Sleet, Judge Susan H. Rothstein-Youakim, Judge Andrea T. Smith. Oral argument will occur in SARASOTA COUNTY COMMISSION CHAMBERS, 4000 SOUTH TAMIAMI TRAIL, VENICE, FLORIDA. The court calendars can be viewed on this court's website at https://2dca.flcourts.gov. Counsel or parties are requested to make their presence known to court personnel by fifteen minutes prior to the time listed above.
The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument in this proceeding, the attorneys or parties will be notified by order no less than two weeks before the scheduled date. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to the scheduled date.
Please review the notice regarding oral argument in the Second District Court of Appeal that follows this order.
|
View |
View File
|
|
Docket Date |
2024-02-29
|
Type |
Order
|
Subtype |
Order on Motion To Withdraw as Counsel
|
Description |
ORDER GRANTING TO WITHDRAW AS COUNSEL ~ The motion to withdraw as counsel for the Appellant filed by Attorneys Edmund S. Whitson, III and Colin T. Dean is granted. Attorney Whitson, Attorney Dean, and the law firm of McGlinchey Stafford, PLLC are relieved of further appellate responsibilities. Because corporate entities must be represented by counsel when appearing in Florida state courts, see Parrot Cove Marina, LLC v. Duncan Seawall Dock & Boatlift, Inc., 978 So. 2d 811, 813 (Fla. 2d DCA 2008), the Appellant shall secure new counsel, who must file a notice of appearance in this court. If counsel does not file an appearance within 30 days of the date of this order, this appeal will be subject to dismissal without further notice. Appellant, through counsel, shall file the initial brief within 60 days of the date of this order. The "Emergency Motion to Stay Disbursement of Buck-Leiter Funds From the Court Registry," filed by Thomas Leiter, is stricken as unauthorized.
|
|
Docket Date |
2023-05-25
|
Type |
Order
|
Subtype |
Order to Show Cause
|
Description |
ORD-TO SHOW CAUSE ~ ***DISCHARGED PER 7/19/23 ORDER***Appellant Buck-Leiter Palm Avenue Development, LLC., filed a Suggestion ofBankruptcy stating that on May 3, 2023, Appellant filed a voluntary petition forreorganization under Chapter 11 of the United States Bankruptcy Code. It appears thatAppellant was the plaintiff in the underlying action. Within 10 days of the date of thisorder, Appellant shall show cause why the automatic stay under 11 U.S.C. § 362(a)(1)should apply to this proceeding. See Fountas v. Microcomputer Res., Inc., 87 So. 3d1256, 1257 n.1 (Fla. 4th DCA 2012) (noting that the automatic stay did not apply wherethe appellant challenged a trial court order for attorneys' fees and costs in favor of thedebtor); Crosby v. Monroe Cnty., 394 F.3d 1328, 1331 n.2 (11th Cir. 2004) (holding thatthe automatic stay did not apply to the debtor's appeal of an adverse judgment in actioninitiated by the debtor); Kozich v. Cavallaro (In re Kozich), 406 B.R. 949, 953 (Bankr.S.D. Fla. 2009) (holding that the automatic stay did not apply to an appeal by the debtorfrom an order of dismissal entered in the underlying action that was initiated by thedebtor).
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