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NEW AGE ADULTCARE, INC., etc., VS ALIPIO HURTADO, et al.,
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3D2022-1512
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2022-09-02
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Closed
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|
| Classification |
NOA 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
19-8024
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Parties
| Name |
NEW AGE ADULTCARE, INC.
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| Role |
Appellant
|
| Status |
Active
|
| Representations |
Leslie Perez Perez, Lisbet Velazquez, Valerie M. Hassan
|
|
| Name |
ALIPIO HURTADO
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ELENA VIGIL-FARINAS
|
|
| Name |
HAPPINESS CARE CENTER II, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. William Thomas
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| Role |
Judge/Judicial Officer
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| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
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Docket Entries
| Docket Date |
2022-10-31
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2022-10-31
|
| Type |
Disposition by Opinion
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| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2022-10-31
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-11-10
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
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|
| Docket Date |
2022-10-31
|
| Type |
Notice
|
| Subtype |
Voluntary Dismissal
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| Description |
Voluntary Dismissal Recognized (OG33) ~ IT IS HEREBY ORDERED that the appellant’s Notice of Voluntary Dismissal is recognized by the Court, and this appeal from the Circuit Court for Miami-Dade County, Florida, is hereby dismissed.
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|
| Docket Date |
2022-10-31
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| Type |
Motions Other
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| Subtype |
Motion/Notice Voluntary Dismissal
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| Description |
Notice of Voluntary Dismissal
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| On Behalf Of |
NEW AGE ADULTCARE, INC.
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|
| Docket Date |
2022-10-04
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 2 ~ Corrected to Final from Non-final.
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|
| Docket Date |
2022-10-03
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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 |
NEW AGE ADULTCARE, INC.
|
|
| Docket Date |
2022-09-30
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| Type |
Response
|
| Subtype |
Response
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| Description |
RESPONSE ~ APPELLANTS RESPONSE TO ORDER TO SHOW CAUSE
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| On Behalf Of |
NEW AGE ADULTCARE, INC.
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|
| Docket Date |
2022-09-19
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to File Response
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| Description |
Motion for Extension of Time to File Response ~ APELLANTS' MOTION RESPONSE TO ORDER TO SHOW CAUSE
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| On Behalf Of |
NEW AGE ADULTCARE, INC.
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| Docket Date |
2022-09-08
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| Type |
Order
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| Subtype |
Show Cause
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| Description |
Show Cause Why App.Shldn't be DATFANAO(OR12G) ~ Appellant 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.
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| Docket Date |
2022-09-02
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for Appellant 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 September 12, 2022.
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| Docket Date |
2022-09-02
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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 notice of appeal is due.
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|
| Docket Date |
2022-09-02
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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 |
NEW AGE ADULTCARE, INC.
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|
| Docket Date |
2022-09-02
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed ~ RELATED CASES: 22-1230 AND 22-1058
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| On Behalf Of |
NEW AGE ADULTCARE, INC.
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|
| Docket Date |
2022-10-04
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| Type |
Order
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| Subtype |
Order
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| Description |
MISCELLANEOUS ORDER (OR999) ~ Appellant’s Response to the Court’s Order to Show Cause is treated as an amended notice of appeal, identifying the order on appeal as the final judgment on attorney’s fees and costs, attached thereto as exhibit b. The Order to Show Cause issued on September 8, 2022, is hereby charged.
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| Docket Date |
2022-09-22
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time
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| Description |
Misc. Extension Granted (OG02) ~ Appellant's Motion for extension of time to file a response to the Court's Order to Show Cause is granted to and including ten (10) days from the date of this Order. No further extensions will be granted.
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NEW AGE ADULTCARE, INC., etc., VS ALIPIO HURTADO, et al.,
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3D2022-1230
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2022-07-18
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Closed
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|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
19-8024
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Parties
| Name |
NEW AGE ADULTCARE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Lisbet Velazquez, Leslie Perez Perez, Valerie M. Hassan
|
|
| Name |
HAPPINESS CARE CENTER II, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ALIPIO HURTADO
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ELENA VIGIL-FARINAS
|
|
| Name |
Hon. William Thomas
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-10-31
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2022-10-31
|
| Type |
Notice
|
| Subtype |
Voluntary Dismissal
|
| Description |
Voluntary Dismissal Recognized (OG33) ~ IT IS HEREBY ORDERED that the appellant’s Notice of Voluntary Dismissal is recognized by the Court, and this appeal from the Circuit Court for Miami-Dade County, Florida, is hereby dismissed.
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| Docket Date |
2022-10-31
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| Type |
Motions Other
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| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
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| On Behalf Of |
NEW AGE ADULTCARE, INC.
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|
| Docket Date |
2022-10-31
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| Type |
Disposition by Opinion
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| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
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|
| Docket Date |
2022-10-31
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-10-17
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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 |
Extension Granted for Initial Brief (OGO3) ~ Appellant’s Motion for Extension of Time to file the initial brief is granted to and including October 26, 2022.
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| Docket Date |
2022-09-23
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
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| On Behalf Of |
NEW AGE ADULTCARE, INC.
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|
| Docket Date |
2022-09-12
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| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
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| On Behalf Of |
Miami-Dade Clerk
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|
| Docket Date |
2022-07-18
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| Type |
Misc. Events
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| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
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| On Behalf Of |
NEW AGE ADULTCARE, INC.
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|
| Docket Date |
2022-07-18
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| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for Appellant 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 July 28, 2022.
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| Docket Date |
2022-07-18
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| Type |
Notice
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| Subtype |
Notice of Appeal Transmittal Form
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| Description |
Notice of Transmittal--NOA
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| On Behalf Of |
ALIPIO HURTADO
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|
| Docket Date |
2022-07-18
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| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. The $300 filing fee for an appeal is due.
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DAMIAN HURTADO, et al., VS ALIPIO HURTADO, et al.,
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3D2022-1058
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2022-06-21
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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
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
19-8024
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Parties
| Name |
NEW AGE ADULTCARE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
SANDRA RODRIGUEZ
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| Role |
Appellant
|
| Status |
Active
|
|
| Name |
DAMIAN HURTADO
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| Role |
Appellant
|
| Status |
Active
|
| Representations |
Leslie Perez Perez, Valerie M. Hassan, Lisbet Velazquez
|
|
| Name |
HAPPINESS CARE CENTER II, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ALIPIO HURTADO
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ELENA VIGIL-FARINAS
|
|
| Name |
Hon. William Thomas
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-08-15
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-08-15
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| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
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|
| Docket Date |
2022-07-26
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| Type |
Disposition by Opinion
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| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
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|
| Docket Date |
2022-07-26
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| Type |
Disposition by Order
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| Subtype |
Dismissed
|
| Description |
Appeal Dismissed by the Court (DA11) ~ Upon consideration of Appellants’ Response to this Court’s Order to show cause as to why this appeal should not be dismissed, this Court does hereby dismiss this appeal as untimely. The motion for a new trial directed to the verdict did not toll rendition of the appealed order, an appealable interlocutory order pursuant to Florida Rule of Appellate Procedure 9.130(a)(3)(B). A motion can suspend rendition only if it is directed to a final order that is the subject of the appeal. See Prudential-Bache Sec., Inc. v. Bandes, 510 So. 2d 315 (Fla. 2d DCA 1987) (concluding that a motion for rehearing directed to a post-judgment costs order did not toll the time for filing an appeal of the final order); Fla. R. App. P. 9.020(h)(2).
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| Docket Date |
2022-07-22
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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 |
DAMIAN HURTADO
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|
| Docket Date |
2022-07-19
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time
|
| Description |
Motion for Extension Denied Without Prejudice ~ Upon consideration, Appellants' Motion for Extension of time to file the initial brief is hereby denied without prejudice to the filing of a motion for extension of time, within five (5) days from the date of this Order, that complies with the conferral requirement of Florida Rule of Appellate Procedure 9.300(a)("A motion for an extension of time shall . . . contain a certificate that the movant's counsel [or the party, if pro se] has consulted opposing counsel [or opposing party, if pro se] and that the movant's counsel [or the movant, if pro se] is authorized to represent that opposing counsel [or opposing party, if pro se] either has no objection or will promptly file an objection.").
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| Docket Date |
2022-07-18
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| Type |
Response
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| Subtype |
Response
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| Description |
RESPONSE ~ APPELLANTS RESPONSE TO ORDER TO SHOW CAUSE
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| On Behalf Of |
DAMIAN HURTADO
|
|
| Docket Date |
2022-07-15
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
DAMIAN HURTADO
|
|
| Docket Date |
2022-07-07
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Misc. Extension Granted (OG02) ~ Appellants' Motion for extension of time to file a response to the Order to Show Cause is granted to and including ten (10) days from the date of this Order.
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| Docket Date |
2022-07-01
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ APPELLANTS MOTION RESPONSE TO ORDER TO SHOW CAUSE
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| On Behalf Of |
DAMIAN HURTADO
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| Docket Date |
2022-06-23
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| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Why App. Sldn't Be Dism Untimely(OR12C) ~ Following review of the notice of appeal, it is ordered that counsel for the appellants is directed to show cause within ten (10) days from the date of this Order why this appeal should not be dismissed as untimely filed.
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| Docket Date |
2022-06-22
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| Type |
Notice
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| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ SECOND AMENDED NOTICE OF APPEAL
|
| On Behalf Of |
DAMIAN HURTADO
|
|
| Docket Date |
2022-06-21
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| 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 |
2022-06-21
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
DAMIAN HURTADO
|
|
| Docket Date |
2022-06-21
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| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ ORDER APPEALED NOT ATTACHED.
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| On Behalf Of |
DAMIAN HURTADO
|
|
| Docket Date |
2022-06-21
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| Type |
Order
|
| Subtype |
Show Cause re No Order Appealed
|
| Description |
AA TO FILE ORDER APPEALED (OR34) ~ Counsel for Appellants is ordered to file, within ten (10) days from the date of this Order, a conformed copy of the order or orders designated in the Notice of Appeal. See Fla. R. App. P. 9.110(d).
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