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Date Docketed
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Description
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Filed By
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Notes
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08/09/2022
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Notice of Appeal Filed
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Benedict P. Kuehne 0233293
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order appealed attached
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08/09/2022
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Notice of Appeal Transmittal Form
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Gwen Marshall
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08/09/2022
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Notice of Appeal / Acknowledgement letter
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Notice of Appeal from the lower tribunal reflecting a filing date of August 8, 2022.
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08/09/2022
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Appeal-Pay Fee/Submit LT Ord of Insolv ($300)
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Appellant has filed a notice of appeal in the lower tribunal without the entry of an order of insolvency or deposit of the statutory filing fee. Accordingly, Appellant shall, within 30 days from the date of this order, either file a certified copy of the lower tribunal's order of insolvency for appellate purposes as required by Florida Rule of Appellate Procedure 9.430 or pay to the clerk of this Court the sum of $300.00 as the appellate filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2018). If Appellant seeks a waiver of the filing fee on the grounds of indigency, Appellant shall file a motion and affidavit of indigency with the clerk of the lower tribunal (the court, agency, officer, board, commission, or body whose order is to be reviewed) for a determination by the lower tribunal of whether an order of insolvency should be issued pursuant to Rule 9.430 and Section 57.081(1) or 57.085(2), Florida Statutes (2018), as applicable.
This appeal shall not proceed until the order of insolvency is filed or the fee is paid. Failure to comply with this order will result in the dismissal of this case without further opportunity to be heard. Florida Rule of Appellate Procedure 9.410.
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08/11/2022
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Motion To Stay
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Benedict P. Kuehne 0233293
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and to expedite appeal
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08/11/2022
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Grant Expediting
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On or before August 12, 2022, at 12:00 pm, Appellees shall respond to the motion for review of the denial of stay filed August 11, 2022.
The Court grants Appellant’s motion to expedite appeal filed August 4, 2022, and resets the briefing schedule as follows. Appellant shall serve the initial brief on or before August 15, 2022, at 5:00 pm. Appellees shall serve their answer briefs on or before August 17, 2022, at 5:00 pm. Appellant may file a reply brief on or before August 18, 2022, at 5:00 pm. No extensions of time will be granted. A record on appeal shall not be prepared and transmitted by the circuit court clerk, and the parties shall cite to all relevant circuit court documents in appendices as provided by Florida Rule of Appellate Procedure 9.220.
Failure to comply with this order will result in sanctions which may include dismissal of the case or consideration of the case without responsive briefs.
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08/11/2022
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RESPONSE
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Juan-Carlos Planas 156167
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08/12/2022
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RESPONSE
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Matthew R. Shaud 0122252
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for Escambia County Supervisor of Elections
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08/12/2022
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Notice of Appearance
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Matthew R. Shaud 0122252
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08/12/2022
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RESPONSE
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Ashley E. Davis 48032
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to motion for review of denial of stay (for Secretary of State, Cord Byrd)
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08/12/2022
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Acknowledgment of Service List
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The notice filed by counsel for the Appellee on August 12, 2022, providing e-mail addresses, is acknowledged. However, in addition to filing such notice, counsel of record are responsible for ensuring their primary and/or secondary e-mail addresses under their profile in the Florida Courts E-Filing Portal and eDCA are consistent with the filed notice in order to receive e-mailed notification (Casemail) from the court. Profiles for eDCA users may be updated by clicking on the “My Profile” link and clicking the “Submit” button after making the desired changes.
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08/12/2022
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RESPONSE
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D. Michael Chesser 0144850
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to motion for review of denial of stay (for AE Paul Lux)
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08/12/2022
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Grant Stay
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The Court grants the motion for review of stay filed on August 11, 2022. The final judgment, rendered the August 8, 2022, disqualifying Appellant for nomination for election to the United States House of Representatives from Florida’s 1st Congressional District in the 2022 election cycle is stayed pending further order of this Court.
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08/12/2022
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RESPONSE
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Susan Smith Erdelyi 0648965
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to motion for review of order denying stay (for Supervisor of Elections for Santa Rosa County)
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08/15/2022
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Initial Brief on Merits
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Benedict P. Kuehne 0233293
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08/15/2022
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Appendix
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Benedict P. Kuehne 0233293
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Volume 1
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08/15/2022
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Appendix
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Benedict P. Kuehne 0233293
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Volume 2
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08/15/2022
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Appendix
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Benedict P. Kuehne 0233293
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Volume 3
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08/15/2022
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Appendix
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Benedict P. Kuehne 0233293
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Volume 4
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08/16/2022
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Notice of Filing No Answer Brief
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Matthew R. Shaud 0122252
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from AE David H. Stafford, Supervisor of Elections
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08/16/2022
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Notice of Filing No Answer Brief
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Clay B. Adkinson 20500
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from AE Bobby Beasley, Supervisor of Elections
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08/17/2022
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Notice Non-Compliant Appendix
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DISCHARGED
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08/17/2022
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Notice of Filing No Answer Brief
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Susan Smith Erdelyi 0648965
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from AE Tappie Villane, Supervisor of Elections
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08/17/2022
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Notice of Filing No Answer Brief
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D. Michael Chesser 0144850
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from AE Paul Lux, Supervisor of Elections
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08/17/2022
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Appellee's Answer Brief
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Juan-Carlos Planas 156167
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08/17/2022
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Notice of Filing No Answer Brief
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Ashley E. Davis 48032
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from AE Cord Byrd, Secretary of State
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08/18/2022
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Appellant's Reply Brief
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Benedict P. Kuehne 0233293
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08/18/2022
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Supplemental/Amended Appendix
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Benedict P. Kuehne 0233293
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amended appnedix to IB
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08/18/2022
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Docketing Statement
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08/19/2022
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NNCA - Discharge Show Cause
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Upon review of the recently filed amended appendix by the Appellant in this case, the amended appendix is accepted and the Court sua sponte discharges its order of August 17, 2022, requiring the filing of an amended appendix.
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08/20/2022
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Order
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By order dated August 11, 2022, the Court expedited this appeal and set a compressed briefing schedule. Briefing is now complete, yet Appellant has not paid the statutory filing fee. Accordingly, by 5 p.m. on Monday, August 22, 2022, Appellant shall either pay to the clerk of this Court the sum of $300.00 as the appellate filing fee required by the applicable rule of procedure and section 35.22(2)(a), Florida Statutes (2018), or file a certified copy of the lower tribunal's order of insolvency for appellate purposes as required by Florida Rule of Appellate Procedure 9.430. If Appellant seeks a waiver of the filing fee on the grounds of indigency, Appellant shall file a motion and affidavit of indigency with the clerk of the lower tribunal (the court, agency, officer, board, commission, or body whose order is to be reviewed) for a determination by the lower tribunal of whether an order of insolvency should be issued pursuant to Rule 9.430 and section 57.081(1) or 57.085(2),Florida Statutes (2018), as applicable.
This appeal shall not proceed further until the order of insolvency is filed or the fee is paid.
Failure to comply with this order will result in the dismissal of this case without further opportunity to be heard. Fla. R. App. P. 9.410.
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08/22/2022
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CASE FILING FEE PAID THROUGH PORTAL
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08/22/2022
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Reversed - Authored Opinion
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and Remanded.
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09/08/2022
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Mandate
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09/08/2022
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West Publishing
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