Docket Date |
2021-11-17
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Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
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Docket Date |
2021-11-17
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2021-10-27
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2021-10-12
|
Type |
Misc. Events
|
Subtype |
Oral Argument Date Set
|
Description |
Oral Argument Date Set ~ Remote
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|
Docket Date |
2021-08-16
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance ~ NOTICE OF APPEARANCE OF CO-COUNSEL FOR APPELLANT
|
On Behalf Of |
LAW OFFICES OF KEVIN C. AMBLER, P. A.
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Docket Date |
2021-08-06
|
Type |
Order
|
Subtype |
Order Re: Video Oral Argument
|
Description |
OA Notice Video ~ This case is provisionally set for oral argument on TUESDAY, OCTOBER 12, 2021, at 9:30 A.M., before: Judge Darryl C. Casanueva, Judge Patricia J. Kelly, Judge Susan H. Rothstein-Youakim. The oral argument will be conducted by video conference. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to sign in by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument, the attorneys or parties will be notified by order no less than two weeks before the scheduled date. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.Within ten days from the date of this order, any attorney or party who will be presenting argument is requested to provide the Clerk of the Court with the email address where the video invitation should be sent and a telephone number. This information may be sent by email to 2dcaClerk@flcourts.org. The Clerk of the Court will provide each participant with connection instructions, including the opportunity for a test session, before the argument.
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|
Docket Date |
2021-07-28
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLEES' RESPONSE IN OPPOSITION TO APPELLANT'S REQUEST FOR ORAL ARGUMENT
|
On Behalf Of |
ERNEST DWAYNE DAVIS
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|
Docket Date |
2021-07-26
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument ~ APPELLANT'S AMENDED REQUEST FOR ORAL ARGUMENT TO BE CONDUCTED VIA VIDEO CONFERENCE
|
On Behalf Of |
LAW OFFICES OF KEVIN C. AMBLER, P. A.
|
|
Docket Date |
2021-07-20
|
Type |
Order
|
Subtype |
Order on Motion/Request for Oral Argument
|
Description |
Amended OA Request Permitted ~ Within five days from the date of this order, an amended request for oral argument may be filed if a party requests that the argument be conducted by video. The manner of oral argument will be decided in the court's discretion. An amended request for oral argument must state the reason in support, and it must indicate that the requesting party has consulted opposing counsel and is authorized to represent that opposing counsel either has no objection or will file an objection. A party objecting to an amended request must file a response within five days after service of the amended request.
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|
Docket Date |
2021-07-14
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORD-STRICKEN ~ Appellant’s June 14, 2021, notice of confidential information within court filing is stricken for failing to comply with this court’s June 24, 2021, order. This court will no longer maintain the briefs and appendices as confidential.
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Docket Date |
2021-06-24
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ Within ten days of the date of this order, Appellant shall supplement the notice of confidential information within court filing with either: (1) copies of the trial court orders relied on in the notice or (2) if the orders have been previously filed in this court, citations to the page numbers of the appropriate filing. This court will continue to hold the reply brief as confidential pending compliance with this order.
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Docket Date |
2021-06-14
|
Type |
Notice
|
Subtype |
Notice of Confidential Information within Court Filing
|
Description |
Notice of Confidential Information ~ **STRICKEN-SEE 7/14/21 ORDER**NOTICE OF CONFIDENTIAL INFORMATION WITHIN COURT FILING
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On Behalf Of |
LAW OFFICES OF KEVIN C. AMBLER, P. A.
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|
Docket Date |
2021-06-02
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ On February 5, 2021, Appellant’s amended motion to determine confidentiality as to the initial brief and appendix was denied without prejudice to filing a second amended motion that comports with the applicable rules. No such motion has been filed. On February 11, 2021, Appellee’s notice of confidential information in court filing was stricken without prejudice to Appellee’s filing of a motion to determine confidentiality as to the answer brief and appendix. No such motion has been filed.Appellant has filed a confidential reply brief, but it was not accompanied by a notice or motion as required by Florida Rule of General Practice & Judicial Administration 2.420(d)(2)-(3). Within ten days of the date of this order, Appellant shall file a notice of confidential information within court filing or motion to determine confidentiality of court records, whichever is appropriate, that identifies the precise location of the confidential information within the reply brief. See Fla. R. Gen. Prac. & Jud. Admin. 2.420(d)(2), (e)(1)(A). This court will maintain the confidentiality of the reply brief for the ten-day period.
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Docket Date |
2021-05-17
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant Reply Brief
|
On Behalf Of |
LAW OFFICES OF KEVIN C. AMBLER, P. A.
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|
Docket Date |
2021-04-27
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
Description |
ORDER GRANTING APPELLANT'S REPLY BRIEF ~ Appellant's motion for extension of time is granted, and the reply brief shall be served within eighteen days of the date of this order.
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|
Docket Date |
2021-04-26
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Reply Brief
|
Description |
Mot. for Extension of Time to File Reply Brief ~ APPELLANT'S SECOND UNOPPOSEDMOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF
|
On Behalf Of |
LAW OFFICES OF KEVIN C. AMBLER, P. A.
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|
Docket Date |
2021-03-22
|
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 |
LAW OFFICES OF KEVIN C. AMBLER, P. A.
|
|
Docket Date |
2021-03-22
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
Description |
ORDER GRANTING APPELLANT'S REPLY BRIEF ~ Appellant's motion for extension of time is granted, and the reply brief shall be served by April 26, 2021.
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|
Docket Date |
2021-03-17
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
LAW OFFICES OF KEVIN C. AMBLER, P. A.
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|
Docket Date |
2021-03-04
|
Type |
Order
|
Subtype |
Order on Motion To Withdraw as Counsel
|
Description |
ORD-WITHDRAW AS COUNSEL ~ The motion to withdraw as counsel for the Appellant filed by Attorneys George A. Vaka and Kurt J. Rosales is granted. Attorneys Vaka and Rosales are relieved of further appellate responsibilities. Because business entities must be represented by counsel when appearing in Florida state courts, see Punta Gorda Pines Dev., Inc. v. Slack Excavating, Inc., 468 So. 2d 438, 438 (Fla. 2d DCA 1985), the appellant shall secure new counsel if it intends to file a reply brief, request oral argument, or file motions. Substitute counsel must file a notice of appearance in this court. Appellant may, through counsel, file a reply brief within twenty days of the date of this order. This appeal will proceed as an oral argument waived appeal unless any appellees request oral argument within ten days of the date of this order.
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|
Docket Date |
2021-02-26
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion To Withdraw as Counsel
|
Description |
Motion To Withdraw as Counsel
|
On Behalf Of |
LAW OFFICES OF KEVIN C. AMBLER, P. A.
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|
Docket Date |
2021-02-23
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
Description |
ORDER GRANTING APPELLANT'S REPLY BRIEF ~ Appellant's motions for extensions of time are granted. Appellant shall comply with this court's February 5, 2021, order by March 1, 2021. Appellant may serve a reply brief by March 26, 2021.
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|
Docket Date |
2021-02-22
|
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 |
LAW OFFICES OF KEVIN C. AMBLER, P. A.
|
|
Docket Date |
2021-02-11
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ A notice of confidential information in court filing is only appropriate if the information falls into any of the categories listed under rule 2.420(d)(1)(B)(i)-(xxiii). See Fla. R. Jud. Admin. 2.420(d)(2). Accordingly, Appellee's notice of confidential information within court filing is stricken without prejudice to Appellee to file a motion to determine confidentiality within court records within ten days of the date of this order. See Fla. R. Jud. Admin 2.420(d)(3), (e). If the trial court has already determined that the records are confidential, Appellee should attach the trial court's order to the motion. This court will maintain the answer brief and appendix as confidential during the ten-day period.
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|
Docket Date |
2021-02-05
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Deny Miscellaneous Motion-79a ~ Appellant has filed an amended motion to determine confidentiality within court records identifying portions of the initial brief and appendix to be held as confidential. The motion cites Florida Rule of Judicial Administration 2.420(c)(9)(A)(v)-(vi) and attaches multiple confidentiality orders issued by the trial court that predate the record material Appellant is asking this court to hold as confidential.The entirety of the material within the cited page numbers of the appendix and initial brief do not appear to be confidential on the bases cited by Appellant. The motion does not identify which confidentiality order corresponds to which document or portion thereof to be held as confidential. To the extent that the motion seeks a confidentiality determination on the basis of rule 2.420(c)(9)(A)(v)-(vi), the motion does not set forth sufficient legal authority to establish confidentiality. Accordingly, the amended motion to determine confidentiality within court records is denied without prejudice to, within fifteen days of the date of this order, file an amended motion that (1)identifies the particular records or portions thereof that Appellant seeks to have determined as confidential with as much specificity as possible without revealing the information subject to the confidentiality determination; and(2)specifies the bases for determining that such records or portions thereof are confidential, and(3)sets forth the specific legal authority and any applicable legal standard for determining such court records to be confidential.See Fla. R. Jud. Admin. 2.420(e)(1).Alternatively, as it appears that the trial court may not be holding these records as confidential, Appellant may obtain a confidentiality determination from the trial court and, within fifteen days of the date of this order, file an amended motion to determine confidentiality in court records in this court, attaching the trial court's confidentiality order. See Fla. R. Jud. Admin. 2.420(g)(8).This court will continue to hold the initial brief and appendix as confidential pending compliance with this order.
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Docket Date |
2021-01-25
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee Answer Brief
|
On Behalf Of |
ERNEST DWAYNE DAVIS
|
|
Docket Date |
2021-01-25
|
Type |
Notice
|
Subtype |
Notice of Confidential Information within Court Filing
|
Description |
Notice of Confidential Information Within Court Filing ~ **STRICKEN**(see 2/11/21 ord)
|
On Behalf Of |
ERNEST DWAYNE DAVIS
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|
Docket Date |
2021-01-07
|
Type |
Motions Other
|
Subtype |
Motion to Determine Confidentiality
|
Description |
Motion to Determine Confidentiality of Court Records ~ MOTION TO DETERMINE CONFIDENTIALITY WITHIN COURT RECORDS
|
On Behalf Of |
LAW OFFICES OF KEVIN C. AMBLER, P. A.
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|
Docket Date |
2020-12-28
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORD-STRICKEN ~ Appellant has filed an amended notice of confidential information in court filing. A notice of confidential information in court filing is only appropriate if the information falls into any of the categories listed under rule 2.420(d)(1)(B)(i)-(xxiii). See Fla. R. Jud. Admin. 2.420(d)(2). Accordingly, Appellant's amended notice of confidential information within court filing is stricken without prejudice to Appellant to file a motion to determine confidentiality within court records within ten days of the date of this order. See Fla. R. Jud. Admin 2.420(d)(3), (e). If the trial court has already determined that the records are confidential, Appellant should attach the trial court's order to the motion. This court will maintain the initial brief and appendix as confidential during the ten-day period.
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Docket Date |
2020-12-22
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellees’ motion for extension of time is granted, and the answer brief shallbe served by January 25, 2021.
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|
Docket Date |
2020-12-21
|
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 |
ERNEST DWAYNE DAVIS
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|
Docket Date |
2020-12-21
|
Type |
Order
|
Subtype |
Order Striking Stipulation for Extension
|
Description |
strike stipulation for extension of time
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|
Docket Date |
2020-12-21
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time
|
On Behalf Of |
ERNEST DWAYNE DAVIS
|
|
Docket Date |
2020-12-11
|
Type |
Notice
|
Subtype |
Notice of Confidential Information within Court Filing
|
Description |
Notice of Confidential Information Within Court Filing ~ **STRICKEN**(see 12/28/20 ord)AMENDED NOTICE OF CONFIDENTIAL INFORMATION WITHIN COURT FILING
|
On Behalf Of |
LAW OFFICES OF KEVIN C. AMBLER, P. A.
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|
Docket Date |
2020-12-01
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ The Appellant has filed a notice of confidential information within court filing accompanying the initial brief and appendix. As to each filing, the notice states that the "entire document" is confidential. The court concludes that although the initial brief and appendix may contain confidential information, the entirety of each document is not confidential. The notice of confidential information within court filing is therefore stricken. Within 10 days of the date of this order, the Appellant shall file an amended notice of confidential information within court filing or a motion to determine confidentiality that identifies "the precise location of the confidential information within the document.” See Fla. R. Jud. Admin. 2.420(d)(2), (3). The court will maintain the initial brief and appendix as confidential during the 10-day period.
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|
Docket Date |
2020-11-25
|
Type |
Record
|
Subtype |
Appendix to Initial Brief
|
Description |
Appendix for Initial Brief
|
On Behalf Of |
LAW OFFICES OF KEVIN C. AMBLER, P. A.
|
|
Docket Date |
2020-11-25
|
Type |
Notice
|
Subtype |
Notice of Confidential Information within Court Filing
|
Description |
Notice of Confidential Information ~ **STRICKEN**(see 12/01/20 order)
|
On Behalf Of |
LAW OFFICES OF KEVIN C. AMBLER, P. A.
|
|
Docket Date |
2020-11-25
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
LAW OFFICES OF KEVIN C. AMBLER, P. A.
|
|
Docket Date |
2020-11-25
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits
|
On Behalf Of |
LAW OFFICES OF KEVIN C. AMBLER, P. A.
|
|
Docket Date |
2020-10-26
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served by November 25, 2020.
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|
Docket Date |
2020-10-23
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
|
On Behalf Of |
LAW OFFICES OF KEVIN C. AMBLER, P. A.
|
|
Docket Date |
2020-09-25
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served by October 26, 2020.
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|
Docket Date |
2020-09-24
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
|
On Behalf Of |
LAW OFFICES OF KEVIN C. AMBLER, P. A.
|
|
Docket Date |
2020-08-25
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served by September 25, 2020.
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|
Docket Date |
2020-08-24
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
|
On Behalf Of |
LAW OFFICES OF KEVIN C. AMBLER, P. A.
|
|
Docket Date |
2020-07-22
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served by August 26, 2020.
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|
Docket Date |
2020-07-21
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
|
On Behalf Of |
LAW OFFICES OF KEVIN C. AMBLER, P. A.
|
|
Docket Date |
2020-07-20
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ MOTION FOR LEAVE TO REPLY TO APPELLEES' RESPONSE TO AMENDED EMERGENCY MOTION FOR STAY PENDING APPEAL
|
On Behalf Of |
LAW OFFICES OF KEVIN C. AMBLER, P. A.
|
|
Docket Date |
2020-07-20
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Deny Miscellaneous Motion-79a ~ The appellant's motion for leave to filed reply is denied as moot.
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|
Docket Date |
2020-07-16
|
Type |
Notice
|
Subtype |
Notice of Confidential Information within Court Filing
|
Description |
Notice of Confidential Information ~ NOTICE OF CONFIDENTIAL INFORMATION WITHIN COURT FILING
|
On Behalf Of |
LAW OFFICES OF KEVIN C. AMBLER, P. A.
|
|
Docket Date |
2020-07-16
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
quick response to motion ~ The second paragraph of this court's July 13, 2020, response order is amended to reflect that the "appellees" (plural) shall respond to the appellant's stay motion by July 17, 2020. The court notes the response already filed by the appellee/plaintiffs.
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|
Docket Date |
2020-07-16
|
Type |
Record
|
Subtype |
Appendix to Motion
|
Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT ~ APPELLANT'S APPENDIX TO AMENDED EMERGENCY MOTION FORSTAY PENDING APPEAL
|
On Behalf Of |
LAW OFFICES OF KEVIN C. AMBLER, P. A.
|
|
Docket Date |
2020-07-16
|
Type |
Motions Other
|
Subtype |
Motion To Stay
|
Description |
Emergency Motion To Stay ~ AMENDED EMERGENCY MOTION FOR STAY PENDING APPEAL
|
On Behalf Of |
LAW OFFICES OF KEVIN C. AMBLER, P. A.
|
|
Docket Date |
2020-07-15
|
Type |
Record
|
Subtype |
Appendix to Response
|
Description |
APPENDICES /ATTACHMENTS TO RESPONSE
|
On Behalf Of |
ERNEST DWAYNE DAVIS
|
|
Docket Date |
2020-07-15
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ TO AMENDED EMERGENCY MOTION FOR STAY PENDING APPEAL
|
On Behalf Of |
ERNEST DWAYNE DAVIS
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|
Docket Date |
2020-07-13
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
quick response to motion ~ The appellant's amended emergency motion for stay pending appeal is treated as a motion to review the stay ruling in the trial court's July 7, 2020, "order on Ambler Law Group emergency motion June 30, 2020 hearing." See Fla. R. App. P. 9.310(f). The appellee shall respond to the motion to review within 7 days of the date of this order. Any electronic filing shall be designated as an emergency by checking the box for this purpose.As the trial court has stayed release of the funds in question, Or. Jun. 30, 2020, supra, this court does not impose a stay pending review at this time, without prejudice to any party to seek in this court an emergency provisional stay pending review of the motion to review should the trial court issue a contrary order. By Friday, July 17, 2020, the appellant shall refile the following materials as separate filings so that the court can docket them in its respective public and confidential dockets. As the court cannot break up an electronic pdf file into its separate components, the appellant's entire filing made on July 10, 2020, is filed in the court's confidential docket. The following filings shall be substantively unchanged from the July 10, 2020, filing.- The "amended emergency motion for stay pending appeal" (for the public docket).- Those portions of the appendix to the emergency motion that are not confidential (for the public docket).- Those portions of the appendix to the emergency motion that are confidential (prefaced by a cover sheet specifying that the contents of the filing must be maintained as confidential) (for the confidential docket).- A separate notice of confidential information within court filing specifying that the previous item is confidential. (This notice will itself be placed in the public docket unless the appellant can demonstrate that the contents of the notice are confidential.)
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|
Docket Date |
2020-07-10
|
Type |
Motions Other
|
Subtype |
Motion To Stay
|
Description |
Emergency Motion To Stay ~ EMERGENCY MOTION FOR STAY PENDING APPEAL
|
On Behalf Of |
LAW OFFICES OF KEVIN C. AMBLER, P. A.
|
|
Docket Date |
2020-07-10
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid through Portal
|
|
Docket Date |
2020-07-10
|
Type |
Order
|
Subtype |
Order
|
Description |
MISCELLANEOUS ORDER ~ Within 5 days of the date of this order, the appellant shall supplement itsemergency motion for stay with a copy of the "emergency motion by interested party"filed in the trial court, as well as any other relevant motion and order referred to in theemergency motion for stay, failing which the motion will be subject to denial withoutfurther notice. The appellant may wish to file an amended motion with references to thesupplemental materials. The appellant shall designate the supplement as anemergency at the appropriate point of the electronic filing process.
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|
Docket Date |
2020-07-10
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ W/ORDER APPELAED
|
On Behalf Of |
LAW OFFICES OF KEVIN C. AMBLER, P. A.
|
|
Docket Date |
2020-07-10
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|