Classification |
Original Proceedings - Circuit Criminal - Mandamus
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Court |
4th District Court of Appeal
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Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502019CF009707XXXMB
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Parties
Name |
JAMES RICHARDSON, INC.
|
Role |
Petitioner
|
Status |
Active
|
Representations |
Paul D. Petruzzi, Gennaro Cariglio, Jr.
|
|
Name |
STATE OF FLORIDA LLC
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Role |
Respondent
|
Status |
Active
|
Representations |
Attorney General-W.P.B.
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|
Name |
Hon. Caroline Shepherd
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Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Palm Beach
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
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Docket Entries
Docket Date |
2022-05-06
|
Type |
Disposition by Order
|
Subtype |
Denied
|
Description |
Order Denying Petition for Writ - Mandamus ~ ORDERED that the petition for writ of mandamus is denied with prejudice. Fla. R. Crim. P. 3.190(h)(3) (“[T]he court in its discretion may entertain the motion or an appropriate objection at the trial.”); Williams v. State, 548 So. 2d 898, 899 (Fla. 4th DCA 1989) (“[T]he court may entertain the motion at trial.”). Additionally, if any error were to occur, petitioner has an adequate remedy on appeal, which precludes extraordinary writ relief. See, e.g., id.CIKLIN, FORST and ARTAU, JJ., concur.
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|
Docket Date |
2022-05-06
|
Type |
Disposition
|
Subtype |
Denied
|
Description |
Denied - Order by Judge
|
|
Docket Date |
2022-04-27
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
James Richardson
|
|
Docket Date |
2022-04-14
|
Type |
Record
|
Subtype |
Appendix to Petition
|
Description |
Appendix to Petition
|
On Behalf Of |
James Richardson
|
|
Docket Date |
2022-04-13
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ ORDERED that Petitioner has failed to comply with this Court's April 1, 2022 order requiring an amended appendix. Within two (2) days of this order, Petitioner shall file an amended appendix that complies with the rules and this Court's order. Failure to timely comply with this order will result in dismissal of this proceeding.
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|
Docket Date |
2022-04-13
|
Type |
Record
|
Subtype |
Appendix to Petition
|
Description |
Appendix to Petition ~ **STRICKEN**
|
On Behalf Of |
James Richardson
|
|
Docket Date |
2022-04-08
|
Type |
Petition
|
Subtype |
Petition Mandamus
|
Description |
Petition Mandamus
|
On Behalf Of |
James Richardson
|
|
Docket Date |
2022-04-01
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that petitioner's appendix to the petition for writ of mandamus is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and contains no bookmarks as required by Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
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|
Docket Date |
2022-04-01
|
Type |
Petition
|
Subtype |
Petition Mandamus
|
Description |
Petition Mandamus / Acknowledgment letter
|
|
Docket Date |
2022-03-31
|
Type |
Record
|
Subtype |
Appendix to Petition
|
Description |
Appendix to Petition ~ **STRICKEN**
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|
Docket Date |
2022-03-31
|
Type |
Petition
|
Subtype |
Petition Mandamus
|
Description |
Petition Mandamus ~ *STRICKEN*
|
On Behalf Of |
James Richardson
|
|
Docket Date |
2022-03-31
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
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|
Docket Date |
2022-04-14
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORD-Stricken ~ ORDERED that petitioner's April 13, 2022 amended appendix to the petition for writ of mandamus 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.”). Further,ORDERED that petitioner's April 13, 2022 amended appendix to the petition for writ of mandamus is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not completely text searchable, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and contains bookmarks which are not in compliance with Rule 9.220(c)(3).An amended document in compliance with Rules 9.045(b) and 9.220(c) shall be filed within one (1) day from the date of this order.
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|
Docket Date |
2022-04-12
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
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 (2021), 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 (2021), must be filed in this Court within ten (10) days from the date of the entry 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 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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|
Classification |
Original Proceedings - Circuit Civil - Certiorari
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
16-CA-9455
|
Parties
Name |
ALEXANDER RICHARDSON
|
Role |
Appellant
|
Status |
Active
|
Representations |
KANSAS R. GOODEN, ESQ.
|
|
Name |
JAMES RICHARDSON, INC.
|
Role |
Appellant
|
Status |
Active
|
|
Name |
MEENWATTIE KISSOON
|
Role |
Appellee
|
Status |
Active
|
Representations |
LUIS G. FIGUEROA, ESQ., KELLY MC AULEY, ESQ., DENNIS HERNANDEZ, ESQ.
|
|
Name |
HON. EMMETT LAMAR BATTLES
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
HILLSBOROUGH CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
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Docket Entries
Docket Date |
2018-12-31
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2018-12-20
|
Type |
Misc. Events
|
Subtype |
Case Closed
|
Description |
Case Closed
|
|
Docket Date |
2018-11-28
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Per Curiam Opinion
|
|
Docket Date |
2018-11-28
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ The petitioners' motion for attorney's fees is denied. The respondent's motion for attorneys' fees is granted contingent upon the respondent establishing entitlement at the conclusion of the trial proceedings pursuant to section 768.79, Florida Statutes (2017), and Florida Rule of Civil Procedure 1.442. If entitlement is established, the trial court is authorized to award the respondent reasonable fees incurred in this certiorari proceeding.
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|
Docket Date |
2018-11-20
|
Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Similar Case Pending
|
On Behalf Of |
ALEXANDER RICHARDSON
|
|
Docket Date |
2018-09-21
|
Type |
Response
|
Subtype |
Reply
|
Description |
REPLY ~ REPLY TO RESPONSE TO PETITION FOR WRIT OF CERTIORARI
|
On Behalf Of |
ALEXANDER RICHARDSON
|
|
Docket Date |
2018-09-05
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ RESPONSE TO RESPONDENT'S MOTION FOR APPELLATE FEES
|
On Behalf Of |
ALEXANDER RICHARDSON
|
|
Docket Date |
2018-08-27
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ RESPONSE TO PETITION FOR WRIT OF CERTIORARI REVIEW
|
On Behalf Of |
MEENWATTIE KISSOON
|
|
Docket Date |
2018-08-27
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
MEENWATTIE KISSOON
|
|
Docket Date |
2018-08-22
|
Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Similar Case Pending
|
On Behalf Of |
ALEXANDER RICHARDSON
|
|
Docket Date |
2018-08-06
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Respondent's motion for an extension of time is granted, and the response shall be served by August 27, 2018.
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|
Docket Date |
2018-08-03
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extension of time to file Answer Brief
|
On Behalf Of |
MEENWATTIE KISSOON
|
|
Docket Date |
2018-07-17
|
Type |
Order
|
Subtype |
Order to Respond to Petition
|
Description |
certiorari response - pretrial ~ Respondent shall serve a response to the petition for writ of certiorari within 20 days. Petitioner may serve a reply within 20 days thereafter. The parties shall keep this court apprised of all hearings or trial dates that may affect this proceeding.
|
|
Docket Date |
2018-07-09
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2018-07-09
|
Type |
Record
|
Subtype |
Appendix
|
Description |
ORIGINAL APPENDIX OR ATTACHMENT
|
On Behalf Of |
ALEXANDER RICHARDSON
|
|
Docket Date |
2018-07-09
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2018-07-09
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
fee - writ; atty
|
|
Docket Date |
2018-07-09
|
Type |
Petition
|
Subtype |
Petition Certiorari
|
Description |
Petition for Certiorari Filed
|
On Behalf Of |
ALEXANDER RICHARDSON
|
|
Docket Date |
2018-07-09
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
ALEXANDER RICHARDSON
|
|
|