ARMOR CORRECTIONAL HEALTH SERVICES, INC., et al., VS CRAIG LOEWINGER, etc.,
|
3D2021-2320
|
2021-11-30
|
Closed
|
|
Classification |
NOA Non Final - Circuit Civil - Other
|
Court |
3rd District Court of Appeal
|
Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
20-26978
|
Parties
Name |
ARMOR CORRECTIONAL HEALTH SERVICES, INC.
|
Role |
Appellant
|
Status |
Active
|
Representations |
NATALIA MARRERO, J. Alfredo Armas, DAVID P. FERRAINOLO
|
|
Name |
SAMETRIS FERGUSON, LMHC
|
Role |
Appellant
|
Status |
Active
|
|
Name |
CLAYTON HUTCHENS, LPN
|
Role |
Appellant
|
Status |
Active
|
|
Name |
CRAIG LOEWINGER
|
Role |
Appellee
|
Status |
Active
|
Representations |
DEREK J. ANGELL, JOSEPH D. TESSITORE, LEAH F. CHARBONNET, RAINEY C. BOOTH
|
|
Name |
Hon. Migna Sanchez-Llorens
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Miami-Dade Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2023-02-17
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2023-02-17
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2023-02-01
|
Type |
Disposition by Opinion
|
Subtype |
Reversed
|
Description |
Reversed - Per Curiam Opinion ~ Reversed and remanded for entry of an order transferring this action to Volusia County.
|
|
Docket Date |
2023-01-24
|
Type |
Order
|
Subtype |
Order on Motion to Stay
|
Description |
Stay Granted (OG26) ~ The Response to the Motion for Stay Pending Review, and the Reply thereto, are noted. Upon consideration, Appellants Armor Correctional Health Services, Inc., Clayton Hutchens, LMHC, and Sametris Ferguson, LMHC’s Motion for Stay Pending Review is granted, and the trial court proceedings are hereby temporarily stayed pending further order of this Court. LOGUE, MILLER and LOBREE, JJ., concur.
|
|
Docket Date |
2023-01-03
|
Type |
Response
|
Subtype |
Reply
|
Description |
REPLY ~ ARMOR DEFENDANTS' REPLY IN SUPPORT OF MOTION FOR STAY PENDING REVIEW
|
On Behalf Of |
CRAIG LOEWINGER
|
|
Docket Date |
2022-12-30
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ PLAINTIFF'S RESPONSE IN OPPOSITION TO ARMOR DEFENDANTS' MOTION FOR STAY PENDING REVIEW
|
On Behalf Of |
CRAIG LOEWINGER
|
|
Docket Date |
2022-12-23
|
Type |
Notice
|
Subtype |
Notice of Joinder in Filing
|
Description |
Notice of Joinder ~ APPELLANTS SMA BEHAVIORAL HEALTH SERVICE, INC., D/B/A STEWART-MARCHMAN ACT BEHAVIORAL HEALTH CARE AND LISA SWEENEY, LMHC'SNOTICE OF JOINDER IN CO-APPELLANTS' MOTION TO STAY
|
On Behalf Of |
CRAIG LOEWINGER
|
|
Docket Date |
2022-12-22
|
Type |
Motions Other
|
Subtype |
Motion To Stay
|
Description |
Motion To Stay ~ ARMOR DEFENDANTS' MOTION FOR STAY PENDING REVIEW
|
On Behalf Of |
CRAIG LOEWINGER
|
|
Docket Date |
2022-11-04
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
ARMOR CORRECTIONAL HEALTH SERVICES, INC.
|
|
Docket Date |
2022-05-02
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief ~ SMA BEHAVIORAL HEALTH SERVICES, INC.'S REPLY BRIEF
|
On Behalf Of |
CRAIG LOEWINGER
|
|
Docket Date |
2022-05-02
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix ~ SUPPLEMENTAL APPENDIX TO REPLY BRIEF
|
On Behalf Of |
CRAIG LOEWINGER
|
|
Docket Date |
2022-04-05
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Reply Brief
|
Description |
Mot. for Extension of Time to File Reply Brief
|
On Behalf Of |
CRAIG LOEWINGER
|
|
Docket Date |
2022-03-07
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix ~ APPENDIX TO ANSWER BRIEF
|
On Behalf Of |
CRAIG LOEWINGER
|
|
Docket Date |
2022-03-07
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief ~ PLAINTIFF CRAIG LOEWINGER'S ANSWER BRIEF
|
On Behalf Of |
CRAIG LOEWINGER
|
|
Docket Date |
2022-01-17
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time ~ NOTICE OF AGREED EXTENSION OF TIME TO FILE ANSWER BRIEF
|
On Behalf Of |
CRAIG LOEWINGER
|
|
Docket Date |
2022-01-14
|
Type |
Order
|
Subtype |
Order on Motion to Consolidate
|
Description |
Consolidations Granted--all purpose (OG24) ~ Upon consideration of Appellants’ Amended Unopposed Motion to Consolidate and Realign Parties, it is ordered that the above-referenced appeals are hereby consolidated for all appellate purposes under case no. 3D21-2296. All filings in the case shall be under case no. 3D21-2296. The parties shall file only one set of briefs under case no. 3D21-2296.
|
|
Docket Date |
2022-01-14
|
Type |
Notice
|
Subtype |
Notice of Joinder in Filing
|
Description |
Notice of Joinder ~ NOTICE OF JOINDER AND ADOPTION OF SMA BEHAVIORAL HEALTH SERVICES, INC.'S INITIAL BRIEF AND APPENDIX
|
On Behalf Of |
CRAIG LOEWINGER
|
|
Docket Date |
2021-12-07
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
ARMOR CORRECTIONAL HEALTH SERVICES, INC.
|
|
Docket Date |
2021-11-30
|
Type |
Notice
|
Subtype |
Notice of Appeal Transmittal Form
|
Description |
Notice of Transmittal--NOA
|
On Behalf Of |
CRAIG LOEWINGER
|
|
Docket Date |
2021-11-30
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Order to pay filing fee-civil w/atty (OR14B) ~ 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 December 10, 2021.
|
|
Docket Date |
2021-11-30
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
Docket Date |
2021-11-30
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
|
ARMOR CORRECTIONAL HEALTH SERVICES, INC. VS WELLINGTON REGIONAL MEDICAL CENTER, LLC
|
4D2021-1624
|
2021-05-17
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502020CA002373
|
Parties
Name |
ARMOR CORRECTIONAL HEALTH SERVICES, INC.
|
Role |
Appellant
|
Status |
Active
|
Representations |
Jose A. Armas, Eduardo Bertran
|
|
Name |
WELLINGTON REGIONAL MEDICAL CENTER, LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Daniel Alter, Michael S. Metta, Kristie Hatcher-Bolin, Amelia Miguelez
|
|
Name |
Clerk - Palm Beach
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2222-06-17
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Docket Entry
|
Description |
Miscellaneous Entry/Document ~ **NO KU**
|
|
Docket Date |
2021-08-13
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2021-08-13
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
Order Granting Voluntary Dismissal ~ Pursuant to the August 12, 2021 notice of voluntary dismissal, this case is dismissed. Further,ORDERED that appellant’s July 9, 2021 amended motion seeking review is determined to be moot.
|
|
Docket Date |
2021-08-12
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal
|
On Behalf Of |
Armor Correctional Health Services, Inc.
|
|
Docket Date |
2021-07-27
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Wellington Regional Medical Center, LLC
|
|
Docket Date |
2021-07-20
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that appellant's July 19, 2021 reply is stricken as unauthorized.
|
|
Docket Date |
2021-07-19
|
Type |
Response
|
Subtype |
Reply to Response
|
Description |
Reply to Response ~ **STRICKEN**
|
On Behalf Of |
Armor Correctional Health Services, Inc.
|
|
Docket Date |
2021-07-16
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ LOWER COURT ORDER DATED JULY 15, 2021 IN SUPPORT OF AMENDED MOTION REGARDING LOWER COURT'S DENIAL OF MOTION TO RELEASE GARNISHED FUNDS, ETC.
|
On Behalf Of |
Armor Correctional Health Services, Inc.
|
|
Docket Date |
2021-07-16
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO APPELLANT'S MOTION REGARDING LOWER COURT'S DENIAL OF MOTION TO RELEASE GARNISHED FUNDS AFTER POSTING OF SUPERSEDEAS BOND
|
On Behalf Of |
Wellington Regional Medical Center, LLC
|
|
Docket Date |
2021-07-15
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief
|
On Behalf Of |
Armor Correctional Health Services, Inc.
|
|
Docket Date |
2021-07-15
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 08/25/2021
|
|
Docket Date |
2021-07-09
|
Type |
Motions Other
|
Subtype |
Motion For Review
|
Description |
Motion For Review ~ **MOOT, SEE 08/13/2021 ORDER** AMENDED MOTION SEEKING REVIEW OF LOWER COURT'S DENIAL OF MOTION TO RELEASE GARNISHED FUNDS AFTER POSTING OF SUPERSEDEAS BOND
|
On Behalf Of |
Armor Correctional Health Services, Inc.
|
|
Docket Date |
2021-07-07
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant's July 6, 2021 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
Docket Date |
2021-07-06
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 631 PAGES
|
On Behalf Of |
Clerk - Palm Beach
|
|
Docket Date |
2021-07-06
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ **STRICKEN** MOTION REGARDING LOWER COURT'S DENIAL OF MOTION TO RELEASE GARNISHED FUNDS AFTER POSTING OF SUPERSEDEAS BOND
|
On Behalf Of |
Armor Correctional Health Services, Inc.
|
|
Docket Date |
2021-06-15
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Wellington Regional Medical Center, LLC
|
|
Docket Date |
2021-06-10
|
Type |
Order
|
Subtype |
Order on Motion for Reinstatement
|
Description |
ORD-Reinstatement ~ ORDERED that appellant’s June 9, 2021 motion for reinstatement is granted, and the above-styled appeal is reinstated.
|
|
Docket Date |
2021-06-10
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Docket Entry
|
Description |
Miscellaneous Entry/Document ~ Invoice Voided
|
|
Docket Date |
2021-06-09
|
Type |
Misc. Events
|
Subtype |
Order Appealed
|
Description |
Order Appealed
|
On Behalf Of |
Armor Correctional Health Services, Inc.
|
|
Docket Date |
2021-06-09
|
Type |
Post-Disposition Motions
|
Subtype |
Motion For Reinstatement
|
Description |
Motion For Reinstatement
|
On Behalf Of |
Armor Correctional Health Services, Inc.
|
|
Docket Date |
2021-06-09
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk ~ (REINSTATED 6/10/2021)
|
|
Docket Date |
2021-06-09
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ ORDERED sua sponte that the above-styled appeal is dismissed for non-payment of the $300.00 filing fee.
|
|
Docket Date |
2021-05-18
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2021-05-17
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Armor Correctional Health Services, Inc.
|
|
Docket Date |
2021-05-17
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2021-05-18
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes, is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
|
|
|
HUMAN RIGHTS DEFENSE CENTER, VS ARMOR CORRECTIONAL HEALTH SERVICES, INC., etc.,
|
3D2020-1320
|
2020-09-16
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
3rd District Court of Appeal
|
Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
20-11010
|
Parties
Name |
HUMAN RIGHTS DEFENSE CENTER, INC.
|
Role |
Appellant
|
Status |
Active
|
Representations |
SABARISH P. NEELAKANTA, YVETTE FARNSWORTH
|
|
Name |
ARMOR CORRECTIONAL HEALTH SERVICES, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
JORDAN S. NADEL, ETAN MARK
|
|
Name |
BENJAMIN J. STEVENSON
|
Role |
Amicus - Appellant
|
Status |
Active
|
|
Name |
BRIAN C. FRONTINO
|
Role |
Amicus - Appellant
|
Status |
Active
|
|
Name |
DANIEL B. TILLEY
|
Role |
Amicus - Appellant
|
Status |
Active
|
|
Name |
KINGSLEY NWAMAH
|
Role |
Amicus - Appellant
|
Status |
Active
|
|
Name |
Hon. Beatrice Butchko
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Miami-Dade Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2021-01-21
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion Granted (OG999) ~ The American Civil Liberties Union of Florida, First Amendment Foundation and Southern Poverty Law Center’s Motion for Leave to File Amicus Curiae Brief and Motion for Extension of Time to File Amicus Brief is granted. The joint amicus brief is due thirty (30) days from the date of this Order.
|
|
Docket Date |
2021-01-19
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF AND MOTION FOREXTENSION OF TIME TO FILE AMICUS BRIEF
|
On Behalf Of |
BRIAN C. FRONTINO
|
|
Docket Date |
2021-01-15
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
HUMAN RIGHTS DEFENSE CENTER
|
|
Docket Date |
2020-11-13
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Record on Appeal
|
On Behalf Of |
Miami-Dade Clerk
|
|
Docket Date |
2020-11-12
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ IB-52 days to 01/15/2021
|
|
Docket Date |
2020-11-11
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time
|
On Behalf Of |
HUMAN RIGHTS DEFENSE CENTER
|
|
Docket Date |
2020-09-30
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgement Letter
|
On Behalf Of |
Miami-Dade Clerk
|
|
Docket Date |
2020-09-16
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
HUMAN RIGHTS DEFENSE CENTER
|
|
Docket Date |
2020-09-16
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. The $300 filing fee for a notice of appeal is due.
|
|
Docket Date |
2020-09-16
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
HUMAN RIGHTS DEFENSE CENTER
|
|
Docket Date |
2021-12-20
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2021-12-20
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2021-12-01
|
Type |
Disposition by Opinion
|
Subtype |
Reversed
|
Description |
Reversed - Per Curiam Opinion ~ Reversed and remanded.
|
|
Docket Date |
2021-12-01
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Attorney Fees Granted (OG47) ~ Upon consideration of Appellant’s Motion for Entitlement of Attorney’s Fees and Costs, it is ordered that said Motion is provisionally granted, conditioned upon Appellant prevailing below.
|
|
Docket Date |
2021-11-16
|
Type |
Misc. Events
|
Subtype |
Oral Argument Date Set
|
Description |
Oral Argument Date Set ~ 3DCA
|
|
Docket Date |
2021-09-23
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ NOTICE OF ACKNOWLEDGMENT
|
On Behalf Of |
HUMAN RIGHTS DEFENSE CENTER
|
|
Docket Date |
2021-09-22
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice of Live OA ~ The above-styled cause will be set for oral argument on TUESDAY, NOVEMBER 16, 2021 at 9:30 A.M., in person, at the Third District Court of Appeal, which is located at 2001 S.W. 117 Avenue, Miami, Florida 33175-1716.The parties will be allowed FIFTEEN (15) MINUTES per side to present their arguments. The Court reserves the right to remove the case from the oral argument calendar at any time before the date of oral argument. Each of the attorneys who will argue must return a Notice of Acknowledgment, attached hereto, within three (3) days of this Notice. The Notice has instructions for return.If this is a criminal appeal, in compliance with Marsy’s Law, the State of Florida is hereby directed to provide notice of this oral argument to the victims, as defined by Marsy’s Law. Similar or related cases should be brought to the attention of the Oral Argument Clerk at (305) 229-3200 ext. 3258. Absence of counsel at the time this case is called shall be deemed a waiver of oral argument.
|
|
Docket Date |
2021-09-20
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ NOTICE OF ACKNOWLEDGMENT
|
On Behalf Of |
HUMAN RIGHTS DEFENSE CENTER
|
|
Docket Date |
2021-09-15
|
Type |
Notice
|
Subtype |
Notice of Oral Argument
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Description |
Notice of Oral Argument ~ The above-styled cause will be set for oral argument during the week of NOVEMBER 15, 2021, before the Third District Court of Appeal, which is located at 2001 S.W. 117 Avenue, Miami, Florida 33175-1716.All counsel and self-represented parties (if applicable) who will appear to argue this cause before the Court must complete and return the attached Notice of Acknowledgment within seven (7) days of this Notice. The parties will be allowed FILLIN "10, 15 or 20 minutes" \* MERGEFORMAT fifteen (15) minutes per side to present their arguments. PLEASE NOTE THIS NOTICE AND THE ATTACHED ACKNOWLEDGEMENT FORM HAVE CHANGED. PLEASE READ CAREFULLY. THE PARTIES MAY SELECT IN-PERSON OR REMOTE APPEARANCE. COUNSEL (AND SELF-REPRESENTED PARTIES, IF APPLICABLE) MUST CONFER AND SEEK AGREEMENT UPON THE METHOD OF APPEARANCE (IN-PERSON OR REMOTE) PRIOR TO COMPLETING AND RETURNING THE ATTACHED NOTICE OF ACKNOWLEDGEMENT FORM. Upon receipt of the acknowledgement form, the Court shall send out a notice of in-person (if all parties agree to appear in-person), remote (if all parties agree to appear remotely), or hybrid (if one or more parties will appear in-person, but other(s) will appear remotely) oral argument.It is your responsibility to contact the Clerk’s office if you do not receive a notice reflecting the specific date and time for oral argument 7 days before the week specified above. If this is a criminal appeal, in compliance with Marsy’s Law, the State of Florida is hereby directed to provide notice of this oral argument to the victims, as defined by Marsy’s Law. The Court reserves the right to remove the case from the oral argument calendar at any time before the date of oral argument. Additionally, the Court reserves the right to change the date, time, and method of appearance of the oral argument. Please review any amended or updated notice carefully. Similar or related cases should be brought to the attention of the Oral Argument Clerk at (305) 229-3200 ext. 3258. Absence of counsel at the time this case is called shall be deemed a waiver of oral argument.
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Docket Date |
2021-06-21
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Type |
Response
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Subtype |
Response
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Description |
RESPONSE ~ APPELLEE, ARMOR CORRECTIONAL HEALTH SERVICES, INC.'S RESPONSE IN OPPOSITION TO APPELLANT, HUMAN RIGHTS DEFENSE CENTER'S MOTION FOR ENTITLEMENT OF ATTORNEY'S FEES AND COSTS
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On Behalf Of |
ARMOR CORRECTIONAL HEALTH SERVICES, INC.
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Docket Date |
2021-06-04
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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 |
Motion For Oral Argument
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On Behalf Of |
HUMAN RIGHTS DEFENSE CENTER
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Docket Date |
2021-06-04
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Type |
Brief
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Subtype |
Reply Brief
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Description |
Appellant's Reply Brief
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On Behalf Of |
HUMAN RIGHTS DEFENSE CENTER
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Docket Date |
2021-06-04
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Type |
Motions Relating to Attorney Fees/Costs
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Subtype |
Motion For Attorney's Fees
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Description |
Motion For Attorney's Fees ~ APPELLANT'S MOTION FOR ENTITLEMENT OF ATTORNEY'S FEES AND COSTS
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On Behalf Of |
HUMAN RIGHTS DEFENSE CENTER
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Docket Date |
2021-05-06
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Type |
Brief
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Subtype |
Answer Brief
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Description |
Appellee's Answer Brief
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On Behalf Of |
ARMOR CORRECTIONAL HEALTH SERVICES, INC.
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Docket Date |
2021-04-19
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Type |
Order
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Subtype |
Order on Motion for Extension of Time
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Description |
Recognizing Agreed Extension of Time ~ AB-13 days to05/06/2021
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Docket Date |
2021-04-19
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Type |
Notice
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Subtype |
Notice of Agreed Extension of Time
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Description |
Notice of Agreed Extension of Time ~ AGREED NOTICE OF EXTENSION OF TIME TO FILE ANSWER BRIEF
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On Behalf Of |
ARMOR CORRECTIONAL HEALTH SERVICES, INC.
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Docket Date |
2021-04-05
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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 |
ARMOR CORRECTIONAL HEALTH SERVICES, INC.
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Docket Date |
2021-04-05
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Type |
Order
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Subtype |
Order on Motion for Extension of Time
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Description |
Clerk's notice granting eot (CLKEX) ~ AB-15 days to 4/23/21
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Docket Date |
2021-03-08
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Type |
Brief
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Subtype |
Amicus Curiae Brief
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Description |
Amicus Curiae Brief ~ AMICUS CURIAE BRIEF OF AMERICAN CIVIL LIBERTIES UNION OFFLORIDA, FIRST AMENDMENT FOUNDATION, AND SOUTHERNPOVERTY LAW CENTER
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On Behalf Of |
BRIAN C. FRONTINO
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Docket Date |
2021-02-22
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Type |
Motions Other
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Subtype |
Miscellaneous Motion
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Description |
Miscellaneous Motion Granted (OG999) ~ The Amici’s Motion for Extension of Time to File Amicus Brief is granted to and including March 8, 2021.
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Docket Date |
2021-02-18
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time
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Description |
Motion for Extension of Time ~ MOTION FOR EXTENSION OF TIME TO FILE AMICUS BRIEF
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On Behalf Of |
BRIAN C. FRONTINO
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Docket Date |
2021-02-11
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Type |
Order
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Subtype |
Order on Motion for Extension of Time
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Description |
Recognizing Agreed Extension of Time ~ AB-50 days to 04/08/2021
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Docket Date |
2021-02-10
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Type |
Notice
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Subtype |
Notice of Agreed Extension of Time
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Description |
Notice of Agreed Extension of Time ~ AGREED NOTICE OF EXTENSION OF TIME TO FILE ANSWER BRIEF
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On Behalf Of |
ARMOR CORRECTIONAL HEALTH SERVICES, INC.
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CHARLES WILLIAMS VS GREGORY TONY, as Sheriff of Broward County, et al.
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4D2020-1342
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2020-06-09
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Closed
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Classification |
NOA Final - Circuit Civil - Other
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Court |
4th District Court of Appeal
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Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE14-23944 (25)
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Parties
Name |
CHARLES WILLIAMS, LLC
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Role |
Appellant
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Status |
Active
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Representations |
Gregory Durden, Joseph M. Pustizzi
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Name |
Gregory Tony, as Sheriff
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Role |
Appellee
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Status |
Active
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Representations |
Geoffrey B. Marks, Louis Reinstein, Tamatha Alvarez
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Name |
Wanda Lowe's, RN
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Role |
Appellee
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Status |
Active
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Name |
ARMOR CORRECTIONAL HEALTH SERVICES, INC.
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Role |
Appellee
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Status |
Active
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Name |
Hon. Carol-Lisa Phillips
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Role |
Judge/Judicial Officer
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Status |
Active
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Name |
Clerk - Broward
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Role |
Lower Tribunal Clerk
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Status |
Active
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Docket Entries
Docket Date |
2021-05-21
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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 |
2021-05-05
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Type |
Disposition by Opinion
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Subtype |
Affirmed in Part/Reversed in Part
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Description |
Affirmed in Part/Reversed in Part - Authored Opinion
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Docket Date |
2021-01-20
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Type |
Brief
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Subtype |
Reply Brief
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Description |
Appellant's Reply Brief
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On Behalf Of |
Charles Williams
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Docket Date |
2021-05-21
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Type |
Mandate
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Subtype |
Mandate
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Description |
Mandate
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Docket Date |
2021-01-04
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Type |
Order
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Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
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Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant’s December 30, 2020 motion for extension of time is granted, and appellant shall serve the reply brief to appellee Gregory Tony, as Sheriff of Broward County on or before January 20, 2021. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
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Docket Date |
2020-12-30
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time to Serve Reply Brief
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Description |
Mot. for Extension of Time to File Reply Brief ~ TO APPELLEE GREGORY TONY'S ANSWER BRIEF
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On Behalf Of |
Charles Williams
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Docket Date |
2020-12-28
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Type |
Order
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Subtype |
Order Dispensing with Oral Argument
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Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
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Docket Date |
2020-12-28
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Type |
Brief
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Subtype |
Reply Brief
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Description |
Appellant's Reply Brief ~ TO APPELLEES ARMOR CORRECTIONAL AND WANDA LOWES' ANSWER BRIEF
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On Behalf Of |
Charles Williams
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Docket Date |
2020-11-30
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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 |
Gregory Tony, as Sheriff
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Docket Date |
2020-11-30
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Type |
Brief
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Subtype |
Answer Brief
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Description |
Appellee's Answer Brief ~ SHERRIFF OF BROWARD COUNTY
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On Behalf Of |
Gregory Tony, as Sheriff
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Docket Date |
2020-10-20
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Type |
Motions Relating to Records
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Subtype |
Motion to Supplement Record
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Description |
Motion To File Supplemental Record
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On Behalf Of |
Gregory Tony, as Sheriff
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Docket Date |
2020-10-20
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Type |
Order
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Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
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Description |
ORD-Allowing Attachment to Record ~ ORDERED that appellees’ October 20, 2020 motion to supplement the record is granted, and the record is supplemented to include the April 9, 2019 and November 12, 2019 transcripts. Said supplemental record is deemed filed as of the date of this order.
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Docket Date |
2020-10-20
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Type |
Record
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Subtype |
Supplemental Record
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Description |
Supplemental Records
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On Behalf Of |
Gregory Tony, as Sheriff
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Docket Date |
2020-10-19
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Type |
Notice
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Subtype |
Notice of Agreed Extension of Time - Answer Brief
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Description |
Notice of Agreed Extension - Answer Brief ~ Gregory Tony, as Sherriff of Broward County
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On Behalf Of |
Gregory Tony, as Sheriff
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Docket Date |
2020-10-19
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Type |
Order
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Subtype |
Order on Agreed Extension of Time
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Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 11/30/2020
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Docket Date |
2020-10-01
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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 |
Gregory Tony, as Sheriff
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Docket Date |
2020-09-29
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Type |
Brief
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Subtype |
Initial Brief
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Description |
Initial Brief on Merits
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On Behalf Of |
Charles Williams
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Docket Date |
2020-09-11
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Type |
Record
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Subtype |
Record on Appeal
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Description |
Received Records ~ 806 PAGES
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On Behalf Of |
Clerk - Broward
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Docket Date |
2020-09-09
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Type |
Misc. Events
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Subtype |
Affidavit
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Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
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On Behalf Of |
Clerk - Broward
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Docket Date |
2020-08-13
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Type |
Misc. Events
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Subtype |
Status Report
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Description |
Status Report
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On Behalf Of |
Charles Williams
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Docket Date |
2020-08-12
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Type |
Order
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Subtype |
Order to File Status Report
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Description |
Order for Status Report Re: ROA ~ Upon consideration of the Affidavit of Non-Payment of Appeal Invoice filed by the clerk of the lower tribunal on August 4, 2020, appellant is ordered to file a report, within ten (10) days from the date of this order, as to the status of the payment and preparation of the record on appeal.
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Docket Date |
2020-08-04
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Type |
Misc. Events
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Subtype |
Affidavit
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Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
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On Behalf Of |
Clerk - Broward
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Docket Date |
2020-08-04
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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 ~ ORDERED that appellant’s August 3, 2020 motion for extension of time is granted, and appellant shall serve the initial brief on or before September 28, 2020. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
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Docket Date |
2020-08-03
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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 |
Charles Williams
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Docket Date |
2020-07-10
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Type |
Misc. Events
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Subtype |
Miscellaneous Trial Court Order
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Description |
ORD-FROM CIRCUIT COURT/AGENCY ~ FINAL JUDGMENT
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On Behalf Of |
Charles Williams
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Docket Date |
2020-06-12
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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 |
Charles Williams
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Docket Date |
2020-06-11
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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 |
Gregory Tony, as Sheriff
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Docket Date |
2020-06-10
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Type |
Letter
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Subtype |
Acknowledgment Letter
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Description |
Acknowledgment Letter
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Docket Date |
2020-06-10
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Type |
Order
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Subtype |
Order to File Response re Jurisdiction
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Description |
Aplnt to Obtain Final Order-Per Dobrick ~ It appearing that the order to which the Notice of Appeal is directed is a non-appealable, non-final order, appellant(s) shall have thirty (30) days from the date of this order to obtain a final order and to file a copy in this court. Failure to do so will result in sua sponte dismissal of the appeal. See Fla. R. App. P. 9.110(l); Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); see also Paulino v. BJ’s Wholesale Club, Inc., 106 So. 3d 985, 987 (Fla. 4th DCA 2013) ("On the other hand, it is well-established that an order which merely grants a motion to dismiss, as contrasted with an order dismissing a complaint or an action, is not a final order."). ORDERED that the trial court is specifically authorized, pursuant to Florida Rule of Appellate Procedure 9.600(b), upon appropriate application, to enter a final order in these proceedings.
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Docket Date |
2020-06-09
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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 |
2020-06-09
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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 |
Charles Williams
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