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DISTRICT COURT OF APPEAL SECOND DISTRICT 1005 E. MEMORIAL BOULEVARD LAKELAND, FLORIDA 33801-0327 (863)-499-2290 ACKNOWLEDGMENT OF NEW CASE DATE: November 29,2010 STYLE: LARRY R. BRADSHAW V. WASHINGTON MUTUAL BANK 2DCA#: 2DIO-5604 The Second District Court of Appeal has received thePetition reflecting a filing date of11129110 The county of origin isLee. The lower tribunal case number provided is07-CA-11562 The filing fee isPaid In Full- $300. Case Type: Mandamus Civil The Second District Court of Appeal's case number must be utilized on all pleadings and correspondence filed in this cause. Moreover, ALL PLEADINGS SIGNED BY AN ATTORNEY MUST INCLUDE THE ATTORNEY'S FLORIDA BAR NUMBER. .Please review and comply with any handouts enciosed with this acknowledgment. LARRY R. BRADSHAW RECEIPT v. WASHINGTON MUTUAL BANK 2DCA#: 2D10-5604 Receipt # R2010-1008382 Method of Payment.Clc Checks: 4-12'1.. PAYER: Larry R. Bradshaw Filing Fee: $300.00 Total: $300.00 cc: Larry R. Bradshaw Florida Default Law Group Charlie Green, Clerk

Transcript of DISTRICT COURT OF APPEALapi.ning.com/files/SPhL3OSkai7cH5CU7q6HmSc1r8...IN THE DISTRICT COURT OF...

Page 1: DISTRICT COURT OF APPEALapi.ning.com/files/SPhL3OSkai7cH5CU7q6HmSc1r8...IN THE DISTRICT COURT OF APPEAL IN AND FOR THE STATE OF FLORIDA SECOND DiSTRICT July 1,2009 NOTICE TO ATTORNEYS

DISTRICT COURT OF APPEALSECOND DISTRICT

1005 E. MEMORIAL BOULEVARDLAKELAND, FLORIDA 33801-0327

(863)-499-2290

ACKNOWLEDGMENT OF NEW CASE

DATE: November 29,2010

STYLE: LARRY R. BRADSHAW V. WASHINGTON MUTUAL BANK

2DCA#: 2DIO-5604

The Second District Court of Appeal has received thePetition reflectinga filing date of11129110

The county of origin isLee.

The lower tribunal case number provided is07-CA-11562

The filing fee isPaid In Full- $300.

Case Type: Mandamus Civil

The Second District Court of Appeal's case number must be utilized on all pleadings and correspondencefiled in this cause. Moreover, ALL PLEADINGS SIGNED BY AN ATTORNEY MUST INCLUDE THEATTORNEY'S FLORIDA BAR NUMBER.

.Please review and comply with any handouts enciosed with this acknowledgment.

LARRY R. BRADSHAW

RECEIPT

v. WASHINGTON MUTUAL BANK

2DCA#: 2D10-5604

Receipt # R2010-1008382

Method of Payment.Clc Checks: 4-12'1.. PAYER: Larry R. Bradshaw

Filing Fee: $300.00

Total: $300.00

cc: Larry R. Bradshaw Florida Default LawGroup

Charlie Green, Clerk

Page 2: DISTRICT COURT OF APPEALapi.ning.com/files/SPhL3OSkai7cH5CU7q6HmSc1r8...IN THE DISTRICT COURT OF APPEAL IN AND FOR THE STATE OF FLORIDA SECOND DiSTRICT July 1,2009 NOTICE TO ATTORNEYS

IN THE DISTRICT COURT OF APPEAL IN AND FOR THE STATE OF FLORIDASECOND DiSTRICT

July 1,2009

NOTICE TO ATTORNEYS AND PARTIES

\

The substantial case load of thiscourt together with the orderly and timelymovement of appeals requires us torequire strict compliance with the FloridaRules of Appellate Procedure. The followingparagraphs incorporate requirements ofthose rules as well as internal policiesadopted by this court.

in lieu of the docketing statement, allattorneys and unrepresented part[§s shalladvise this court ofreJated cases currentlvpending or recel1tly decided bv this court.This includes appeals or originalproceedings that arise from the same trialcourt case, as well as proceedings, even ifnot in the same trial court case, that arisefrom the same or related factualcircumstances. Proceedings involvingcrimina! defendants who are notcodefendants but who have been accused ofbeing confederates in a criminal act or actswould qualify under this definition of relatedcases in this court.

To satisfy the requirements of this newobligation, attorneys and unrepresentedparties shall file a separate document withinseven days of receipt of this notice providingthe necessary information, and shall title it"Notice of Related Case(s)." A certificate ofservice shall be included. Attorneys andunrepresented parties are requested toprovide continuous notice to this courtshould additional proceedings be brought totheir attention that are related to a matterthey have pending in this court.

1. CriticalTime Requirements forAppeais from Final Orders.

(a) Seventy (70) days fromNotice of Appeal for serving the initialbrief in Civil appeals (rule 9.110(f)); thirty (30)days following record transmission, ordesignation, in crimina! appeals (rules9.140(f)(1) and 9.140(g); fifteen (15) days insummary appeals for optional brier (rule9.141 (b)(2)(C»).

(b) Ten (10) days to voluntarilyrespond to an opponent's motion (rule9.300(a).

2. Extensions.

Good cause must be shown. FHebefore the applicable deadline. Noncom-pliance may subject the appeal todismissal or result in sanctions against theattorney. Specify the expiration day of therequested extension. Pursuant to rule9.300,indude the certificate that opposingcounsel has been consulted and either hasno objection or will promptly file anobjection. Upon Good cause shown,

The court's online docket may beaccessed at its website:www.2dca.org.

Page 3: DISTRICT COURT OF APPEALapi.ning.com/files/SPhL3OSkai7cH5CU7q6HmSc1r8...IN THE DISTRICT COURT OF APPEAL IN AND FOR THE STATE OF FLORIDA SECOND DiSTRICT July 1,2009 NOTICE TO ATTORNEYS

one (1) extension not over thirty (30) days may be granted. FURTHER EXTENSIONSMAY BE GRANTED UPON A SHOVViNG OF HARDSHiP OR EMERGENCY.

3. Oral ArgumentR~guestand Continuances.

(a) Requests must be made not later than the time the last brief of therequesting party is due and shall be filed in a document separate from any briefs orother documents. Twenty (20) minutes per side, unless the court orders the timeexpanded prior to the date of argument. Rule 9.320.

(b) Motions for continuance of oral argument must be based either on anemergency or on a substantial commitment preexisting the receipt of the oral argumentcalendar. See also Fla. R Jud, Admin. 2.550.

(c) Timely requests for oral argument, submitted in a separate motion thatcomplies with Florida Rule of Appellate Procedure 9.320, will generally be granted inappeals from final orders. Except in extraordinary cases, however, the court does notallow oral argument in the following types of proceedings:

i) appeals in which a pro se party is incarcerated;ii) unemployment compensation appeals;iii) original proceedings pursuant to rules 9.100 and 9.141 (c);iv) summary appeals pursuant to rule 9.141 (b)(2);v) nonfinal and specified final appeals pursuant to rule 9.130;vi) final appeals from orders on motions filed pursuant to Florida Rules of

Criminal Procedure 3.800 and 3.850 following an evidentiary hearing; andvii) motions.

You may request oral argument in any of the above-listed categories of proceedings inwhich argument is not generally permitted. To qualify for consideration, however, yourmotion must be entitled "Extraordinary Motion for Oral Argument," and it must state thespecific reasons why you believe in good faith that an oral argument is necessary toadequately present your or your die nt's case.

(d) Upon receipt of your ora! argument calendar, please check WHEREargument is to be held. This court sets cases at TAMPA, LAKELAND, AND OTHERCITIES FROM TIME TO TIME.

Any brief submitted to the court must comply with Florida Rule of AppellateProcedure 9.210, and must be printed, typewritten or duplicated on opaque, unglossed8:h x 11 inch paper. importantly, rule 9.210(a)(2) provides in part that, if the brief istypewritten or computer-generated:

Page 4: DISTRICT COURT OF APPEALapi.ning.com/files/SPhL3OSkai7cH5CU7q6HmSc1r8...IN THE DISTRICT COURT OF APPEAL IN AND FOR THE STATE OF FLORIDA SECOND DiSTRICT July 1,2009 NOTICE TO ATTORNEYS

The lettering in briefs shall be black and in distinct type,double-spaced, with margins no less than 1 inch ....Computer-generated briefs shall be submitted in eitherTimes New Roman 14-point font or Courier New 12-pointfont.

5. RecordReferencesin Briefs.

Failure to comply with rule 9.210(b)(3) by reference to appropriated pages of therecord in the statement of the case and facts will result in the striking of the brief, evenin the absence of a motion filed by the opposing party.

6. Use of Trial Court Evide!1tisrYfExhibits.

(a) Contraba.nd and dangerous items: Please do not designate as part of the, .. _ --_. - --------- ,---- .

record on appeal such tangible evidence as drugs, firearms, or explosives without priorpermission of the court. If the court approves transmission of these kinds of exhibits, itwill identify the role of the circuit court clerk and appropriate law enforcement personnelin transporting the exhibits.

(b)i..ar9Elmcharts, and heavy or bulky items: Please do not designate as part ofthe record on appeal large items without prior approval by the court. In the event suchapproval is given, in civil cases it will be the responsibility of the party gaining suchapproval to see that oversized evidence is dellvered to this court and redelivered to thetrial court at the conclusion of the appeal. In criminal cases, the court upon motion windesignate the means of transmission of the subject exhibits. This restriction does notapply to normal-size documents, photographs, maps, graphs, etc.

7. Appendices.

Appendices submitted shall be limited to 200 pages per bound volume. Text ispermitted on one side of the page only, and appendices will not be accepted if compiledin three-ring binders.

8. Attaching Addr~$s~dEny~lop~s to Motions.

Please attach to all motions stamped, addressed envelopes for all parties,including the movant. Further, the court is not permitted to pay postage due onincoming mail, and mail with insufficient postage will be returned to the sender.

9. Supplemental Authority.

Notify opposing party of full citation BEFORE oral argument and file with thiscourt. This should be done, except in exceptional circumstances, early enough foropposing counsel to be prepared to respond to the supplemental authority at oralargument

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10. Waiving Oral Argument

Cases without oral argument are subject to same review, analysis, andconsideration by a three-judge panel as are cases that are orally argued.

11. FloridaBar.N~mbers.

All attorneys MUST put their florida Bar membership number on all pleadingsfiled with the appellate court.

12.. Change~of Address of AttorneysOLP:iuties.

All attorneys representing parties in this court and parties representingthemselves shall promptly notify this court of any changes of their address. Ai! ordersor decisions of this court sent to the last address in the court file will be presumed to beadequate notice for all purposes.