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MARC DRAPER, Appellant(s) v. ALL COUNTY TOWING, INC., Appellee(s).
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4D2024-2291
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2024-09-06
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Open
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| Classification |
NOA Final - County Small Claims - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County
COCE24027117
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Parties
| Name |
Marc Draper
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| Role |
Appellant
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| Status |
Active
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| Name |
ALL COUNTY TOWING, INC.
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| Role |
Appellee
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| Status |
Active
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| Representations |
Jamie Clark Dixon
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| Name |
Florence Barner
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| Role |
Judge/Judicial Officer
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| Status |
Active
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| Name |
Broward Clerk
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2024-09-06
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| View |
View File
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| Docket Date |
2024-09-06
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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 |
2024-09-06
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| Type |
Misc. Events
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| Subtype |
Determination of Indigency/LT Order Insolvency
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| Description |
Determination of Indigency/LT Order Insolvency
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| Docket Date |
2024-09-06
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal
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| Docket Date |
2024-10-30
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
266 PAGES
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| Docket Date |
2024-10-29
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| Type |
Notice
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| Subtype |
Notice of Supplemental Authority
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| Description |
Notice of Supplemental Authority
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| On Behalf Of |
All County Towing Inc.
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| Docket Date |
2024-10-22
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| Type |
Brief
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| Subtype |
Reply Brief
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| Description |
Reply Brief
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| View |
View File
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| Docket Date |
2024-09-24
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| Type |
Order
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| Subtype |
Amended/Additional Filing(s) Needed
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| Description |
ORDERED that Appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order being appealed. See Fla. R. App. P. 9.110(d). This copy must contain a legible stamp from the clerk of the lower tribunal, showing the date and time the order being appealed was filed in that office.
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| View |
View File
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| Docket Date |
2024-09-20
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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 |
Marc Draper
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| Docket Date |
2024-09-20
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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 |
Marc Draper
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| View |
View File
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| Docket Date |
2024-09-18
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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 Appeal Supplement: L.T. Order
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| Docket Date |
2024-09-18
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| Type |
Misc. Events
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| Subtype |
Miscellaneous Trial Court Order
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| Description |
County Court Order Denying Motion for New Trial
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| On Behalf Of |
Marc Draper
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| Docket Date |
2024-09-10
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| Type |
Order
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| Subtype |
Amended/Additional Filing(s) Needed
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| Description |
ORDERED that Appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order being appealed. See Fla. R. App. P. 9.110(d). This copy must contain a legible stamp from the clerk of the lower tribunal, showing the date and time the order being appealed was filed in that office.
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| View |
View File
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| Docket Date |
2024-10-01
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| Type |
Notice
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| Subtype |
Notice of Filing
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| Description |
Notice of Filing--conformed copy of order appealed
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| Docket Date |
2024-10-17
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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 |
All County Towing Inc.
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| View |
View File
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| Docket Date |
2024-09-27
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| Type |
Order
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| Subtype |
Amended/Corrected Order
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| Description |
ORDERED that this court's September 24, 2024 order is amended as follows:
ORDERED that appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the August 5, 2024 final judgment being appealed, as the August 12, 2024 order denying a motion for new trial is not independently appealable. See Fla. R. App. P. 9.110(d); Maxwell v. Nugget Oil, Inc., 744 So. 2d 1203 (Fla. 1st DCA 1999) ("Although an order granting a motion for a new trial is appealable as a final order, an order denying a motion for a new trial is neither appealable as a final order nor as a non-final order appealable pursuant to Florida Rule of Appellate Procedure 9.130."). This copy must contain a legible stamp from the clerk of the lower tribunal, showing the date and time the order being appealed was filed in that office.
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| View |
View File
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SANDRA FORTE VS ALL COUNTY TOWING INC.
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4D2021-1379
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2021-04-19
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Closed
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| Classification |
NOA Final - County Small Claims - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County
COCE20021603
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Parties
| Name |
Sandra Forte
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| Role |
Appellant
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| Status |
Active
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| Representations |
Luis Quesada Machado, Eduardo Maura
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| Name |
ALL COUNTY TOWING, INC.
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| Role |
Appellee
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| Status |
Active
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| Representations |
Ryan McCain, Jamie Clark Dixon
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| Name |
Hon. Nina W. Di Pietro
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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 |
2022-04-08
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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 |
2022-04-08
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| Type |
Mandate
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| Subtype |
Mandate
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| Description |
Mandate
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| Docket Date |
2022-03-23
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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 |
2022-01-24
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| Type |
Record
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| Subtype |
Supplemental Record
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| Description |
Supplemental Records ~ 52 PAGES
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| On Behalf Of |
Clerk - Broward
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| Docket Date |
2021-10-21
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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 |
2021-07-29
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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 |
Sandra Forte
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| Docket Date |
2021-06-22
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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 |
Sandra Forte
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| Docket Date |
2021-06-22
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| Type |
Record
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| Subtype |
Appendix
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| Description |
Appendix to Brief
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| On Behalf Of |
Sandra Forte
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| Docket Date |
2021-06-21
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Received Records ~ 410 PAGES
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| On Behalf Of |
Clerk - Broward
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| Docket Date |
2021-06-21
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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 |
Sandra Forte
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| Docket Date |
2021-06-14
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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 June 3, 2021, appellant is ordered to file a report, within ten (10) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
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| Docket Date |
2021-06-03
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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 |
2021-04-22
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed ~ *Duplicate Filing
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| Docket Date |
2021-04-20
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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 |
2021-04-20
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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 |
Sandra Forte
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| Docket Date |
2021-04-19
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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 |
2021-04-19
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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 |
Sandra Forte
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| Docket Date |
2022-01-03
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| Type |
Order
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| Subtype |
Order to Transmit Record/Supplemental Record on Appeal
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| Description |
Order Directing Party to File Supplemental ROA ~ ORDERED sua sponte that pursuant to Florida Rule of Appellate Procedure 9.200(f)(2), appellant Sandra Forte shall supplement the record in the above-styled case with the complete transcript of the February 10, 2021 hearing on All County Towing Inc.’s motion to tax attorney’s fees. To do so, Appellant shall, no later than January 5, 2022, separately file the transcript with the clerk of the lower court. Appellant should thereafter ensure the clerk of the lower court files a supplemental record containing the transcript with this Court no later than January 7, 2022. Failure to comply with this court’s order will result in the appeal being disposed of on the limited record provided by appellant. No extensions of time to comply with this order will be granted absent exigent circumstances.
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| Docket Date |
2021-04-20
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| 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, or a lower tribunal clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing 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.
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JACLYN ANN OLMO and DEBRA B. FLAHERTY VS MANKIND, INC. and ALL COUNTY TOWING, INC.
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4D2018-0275
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2018-01-19
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Closed
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| Classification |
Original Proceedings - Circuit Civil - Certiorari
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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
2011-007310 COCE 15
Circuit Court for the Seventeenth Judicial Circuit, Broward County
2015-016668 CACE AP
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Parties
| Name |
JACLYN ANN OLMO
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| Role |
Petitioner
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| Status |
Active
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| Representations |
George A. David
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| Name |
DEBRA B. FLAHERTY
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| Role |
Petitioner
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| Status |
Active
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| Name |
MANKIND, INC.
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| Role |
Respondent
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| Status |
Active
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| Representations |
Mark D. Tinker
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| Name |
ALL COUNTY TOWING, INC.
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| Role |
Respondent
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| Status |
Active
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| Name |
Hon. Carlos A. Rodriguez
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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 |
2018-02-02
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| Type |
Disposition
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| Subtype |
Denied
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| Description |
Denied - Order by Judge
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| Docket Date |
2018-02-02
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| Type |
Disposition by Order
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| Subtype |
Denied
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| Description |
Order Denying Petition for Writ - Certiorari ~ ORDERED that the January 19, 2018 petition for writ of certiorari is denied.WARNER, LEVINE and KUNTZ, JJ., concur.
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| Docket Date |
2018-02-01
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| Type |
Notice
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| Subtype |
Notice
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| Description |
Notice ~ OF AMENDMENT OF DESIGNATION OF SERVICE E-MAIL
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| Docket Date |
2018-01-22
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
ORD-Pay Filing Fee-Original Proceeding ~ The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes, did not accompany the petition as required in Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED.ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes, must be filed in this Court within ten (10) days from the date of the entry of this order. 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 petition has a duty to tender the filing fee to the appellate court when the petition 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: 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 this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
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| Docket Date |
2018-01-22
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Writ of Certiorari / Acknowledgment letter
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| Docket Date |
2018-01-19
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| Type |
Record
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| Subtype |
Appendix to Petition
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| Description |
Appendix to Petition
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| On Behalf Of |
JACLYN ANN OLMO
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| Docket Date |
2018-01-19
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| Type |
Petition
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| Subtype |
Petition
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| Description |
Petition Filed
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| On Behalf Of |
JACLYN ANN OLMO
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| Docket Date |
2018-01-19
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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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