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Enrique Carreras, et al., Appellant(s), v. The Ponce Tower Condominium Association, Inc., et al., Appellee(s).
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3D2024-0323
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2024-02-21
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Closed
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| Classification |
NOA Non 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
20-26126
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Parties
| Name |
Enrique Carreras
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| Role |
Appellant
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| Status |
Active
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| Representations |
John William Annesser, II, Megan A Lazo
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|
| Name |
Roselyn Carreras
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| Role |
Appellant
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| Status |
Active
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| Representations |
John William Annesser, II, Megan A Lazo
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|
| Name |
THE PONCE TOWER CONDOMINIUM ASSOCIATION, INC.
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| Role |
Appellee
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| Status |
Active
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|
| Name |
MULLER FIRE PROTECTION INC.
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| Role |
Appellee
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| Status |
Active
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|
| Name |
Carmen Stevens
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| Role |
Appellee
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| Status |
Active
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| Representations |
Hilda Piloto, Javier Jesus Rodriguez
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|
| Name |
Hon. David C. Miller
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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 |
2024-04-17
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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 |
2024-04-17
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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 |
2024-03-28
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
Appellants' Response to this Court's March 11, 2024, Order to Show Cause, and Appellee Carmen Stevens's Reply thereto, are noted.
Appellants' Response in Opposition to Appellee Carmen Stevens's Motion to Dismiss Appeal is noted.
Upon consideration, Appellee Carmen Stevens's Motion to Dismiss Appeal is granted, and this appeal is hereby dismissed as one taken from a non-final, non-appealable order. Appellee Carmen Stevens has conceded that she did not seek to quash service or challenge personal jurisdiction, has 'willingly submitted [herself] to the jurisdiction of the lower court' and sought only to vacate the clerk's default for the purpose of answering the complaint. See page 2, n. 2, Appellee Carmen Stevens's Motion to Dismiss Appeal.
LOGUE, C.J., and EMAS and LINDSEY, JJ., concur.
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| View |
View File
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| Docket Date |
2024-03-15
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| Type |
Notice
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| Subtype |
Amended Notice of Appeal
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| Description |
Certified Amended Notice of Appeal
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| On Behalf Of |
Miami-Dade Clerk
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| View |
View File
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| Docket Date |
2024-03-15
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| Type |
Response
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| Subtype |
Reply
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| Description |
APPELLEE CARMEN STEVENS' REPLY TO APPELLANTS'
RESPONSE TO ORDER TO SHOW CAUSE
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| On Behalf Of |
Carmen Stevens
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| View |
View File
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| Docket Date |
2024-03-13
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| Type |
Response
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| Subtype |
Response
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| Description |
Response to Order to Show Cause and Response in Opposition to Motion to Dismiss
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| On Behalf Of |
Enrique Carreras
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| View |
View File
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| Docket Date |
2024-02-28
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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 |
2024-02-28
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| Type |
Miscellaneous Document
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| Subtype |
Pay Case Filing Fee-300
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| Description |
Case Filing Fee $300 paid through the portal. Batch # 10463306
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| On Behalf Of |
Roselyn Carreras
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| View |
View File
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| Docket Date |
2024-02-26
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| Type |
Motions Other
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| Subtype |
Motion To Dismiss
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| Description |
Appellee Carmen Stevens' Motion To Dismiss
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| On Behalf Of |
Carmen Stevens
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| View |
View File
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| Docket Date |
2024-02-21
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
This is to notify counsel for appellants that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court on or before March 2, 2024.
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| View |
View File
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| Docket Date |
2024-02-21
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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 notice of appeal is due.
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| View |
View File
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| Docket Date |
2024-02-21
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal of a Non-Final Order-Related case: 23-221.
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| On Behalf Of |
Roselyn Carreras
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| View |
View File
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| Docket Date |
2024-03-13
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| Type |
Notice
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| Subtype |
Amended Notice of Appeal
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| Description |
Amended Notice of Appeal of a Non-Final Order
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| On Behalf Of |
Enrique Carreras
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| View |
View File
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| Docket Date |
2024-03-11
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| Type |
Order
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| Subtype |
Order to Show Cause
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| Description |
Appellants shall show cause, within ten (10) days from the date
of this Order, as to why the appeal should not be dismissed as one taken
from a non-final, non-appealable order. See M & M Aircraft Servs., Inc. v.
J.D. Valenciana de Aviacion, Inc., 644 So. 2d 548 (Fla. 3d DCA 1994).
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| View |
View File
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ENRIQUE CARRERAS, et al., VS THE PONCE TOWER CONDOMINIUM ASSOCIATION, INC., et al.,
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3D2023-0221
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2023-02-06
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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
20-26126
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Parties
| Name |
ENRIQUE CARRERAS
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| Role |
Appellant
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| Status |
Active
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| Representations |
FERNANDO J. ULLOA, John W. Annesser
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|
| Name |
THE PONCE TOWER CONDOMINIUM ASSOCIATION, INC.
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| Role |
Appellee
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| Status |
Active
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| Representations |
JAVIER J. RODRIGUEZ
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|
| Name |
Hon. David C. Miller
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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 |
2023-04-12
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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 |
2023-04-12
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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 |
2023-03-23
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| Type |
Disposition by Order
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| Subtype |
Denied
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| Description |
Prohibition Denied (Including Response) (DA32A) ~ Following review of the Petition for Writ of Prohibition, and the Response thereto, it is ordered that said Petition is hereby denied.
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| Docket Date |
2023-03-23
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| Type |
Disposition by Opinion
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| Subtype |
Denied
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| Description |
Denied - Order by Judge
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| Docket Date |
2023-03-02
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| Type |
Record
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| Subtype |
Appendix
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| Description |
Appendix
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| On Behalf Of |
THE PONCE TOWER CONDOMINIUM ASSOCIATION, INC.
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| Docket Date |
2023-03-02
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| Type |
Response
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| Subtype |
Response
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| Description |
RESPONSE ~ RESPONDENT CARMEN STEVENS' RESPONSETO PETITION FOR WRIT OF PROHIBITION
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| On Behalf Of |
THE PONCE TOWER CONDOMINIUM ASSOCIATION, INC.
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| Docket Date |
2023-02-13
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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 |
ENRIQUE CARRERAS
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| Docket Date |
2023-02-10
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| Type |
Order
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| Subtype |
Order to Respond to Petition
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| Description |
Order a Response - Prohibition (OR12K) ~ Respondents are ordered to file a response to the Petition for Writ of Prohibition within twenty (20) days from the date of this Order. The Office of the General Counsel for the Eleventh Judicial Circuit may file a response to the Petition for Writ of Prohibition, on behalf of the trial judge, within twenty (20) days from the date of this Order. However, the Office is not obligated to do so. If a response is filed, Petitioners may file a reply within ten (10) days thereafter. EMAS, HENDON and MILLER, JJ., concur.
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| Docket Date |
2023-02-08
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments. The 3DCA $300 filing fee for a petition writ of prohibition is due.
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| Docket Date |
2023-02-06
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| Type |
Record
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| Subtype |
Appendix
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| Description |
Appendix ~ APPENDIX TO PETITION FOR WRIT OF PROHIBTION
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| On Behalf Of |
ENRIQUE CARRERAS
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| Docket Date |
2023-02-06
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| Type |
Petition
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| Subtype |
Petition
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| Description |
Petition Filed ~ PETITION FOR WRIT OF PROHIBTION.
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| On Behalf Of |
ENRIQUE CARRERAS
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| Docket Date |
2023-02-06
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
FP:Fee Paid Through Portal
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