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Court Case Record LOGARDO VARLACK vs SCHRELL BYRD SC16-1136 UID(1556)


LOGARDO VARLACK vs SCHRELL BYRD Court Case Record

Court Case Number: SC16-1136


 
Case NumberSC16-1136
Case TitleLOGARDO VARLACK vs SCHRELL BYRD
Case TypeLower Tribunal Case
StateFlorida, FL
CountyAll Counties
CourtFlorida Supreme Court
Court Address500 S Duval St, Tallahassee, FL 32399
Phone(850) 488-0125
Field Date08/30/2016
Close Date

Parties

CounselNameType
LOGARDO VARLACK
SCHRELL BYRD
Documents
Doc. Date Docketed Description Filed By Notes
06/27/2016 NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT) PS Logardo Varlack BY: PS Logardo Varlack FILED AS "LETTER" & TREATED AS A NOTICE - DISCRETIONARY JURISDICTION
06/29/2016 No Fee - Insolvent
06/29/2016 ORDER-FILING FEE DUE-PRISONER CIVIL The jurisdiction of this Court was invoked by the filing of a Notice to Invoke Discretionary Jurisdiction in the lower tribunal; however, said notice was not accompanied by the $300.00 filing fee or a proper motion for leave to proceed in forma pauperis as required by Florida Rules of Appellate Procedure 9.110(b) and 9.120(b). The filing fee is due and payable at the time of filing the notice. Petitioner is allowed to and including July 29, 2016, in which to submit the filing fee or a proper motion for leave to proceed in forma pauperis that complies with section 57.085(2), Florida Statutes (2013). Failure to submit the filing fee or the above referenced document to this Court could result in the imposition of sanctions, including dismissal of the notice. Please understand that once this case is dismissed, it is not subject to reinstatement.
06/29/2016 ACKNOWLEDGMENT LETTER-NEW CASE Supreme Court Florida FSC BY: Supreme Court Florida FSC
06/29/2016 ORDER-STAY PROCEEDINGS FSC (DCA REH) The proceedings in the above cause are hereby stayed in this Court pending disposition of the Motion for Rehearing in the Fifth District Court of Appeal. Petitioner is to advise this Court thirty days from the date of this order, and every thirty days thereafter, of the status of the motion for rehearing which is now pending in said district court.
07/13/2016 LETTER PS Logardo Varlack BY: PS Logardo Varlack DATED 07/11/2016 **07/20/16: ADVISED PETITIONER THAT HE IS ALLOWED TO AND INCLUDING JULY 29, 2016, IN WHICH TO SUBMIT THE FILING FEE OR A PROPER MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS. ENCLOSED IS A COPY OF A PROPER MOTION AND THIS COURT'S ORDER DATED JUNE 29, 2016**
07/20/2016 ACKNOWLEDGMENT LETTER-MODIFIED Supreme Court Florida FSC BY: Supreme Court Florida FSC Re: Petitioner's Letter dated 07/11/2016- In response to the above letter, enclosed please find a proper motion for leave to proceed in forma pauperis. Pursuant to this Court's order dated June 29, 2016, petitioner is allowed to and including July 29, 2016, in which to submit the filing fee or a proper motion for leave to proceed in forma pauperis that complies with section 57.085(2), Florida Statutes (2013). A copy of this Court's order dated June 29, 2016, is also enclosed.
08/01/2016 MOTION-IN FORMA PAUPERIS PS Logardo Varlack BY: PS Logardo Varlack FILED AS "MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS/AFFIDAVIT OF INDIGENCY BY PETITIONER/APPELLANT"
08/02/2016 ORDER-IN FORMA PAUPERIS GR Petitioner's motion for leave to proceed in forma pauperis is hereby granted.
08/04/2016 ORDER-DISTRICT COURT OF APPEAL Appellant's Motion for Review and Re-Appeal, filed June 24, 2016, is treated as a motion for reinstatement and is denied.
08/05/2016 ORDER-BRIEF SCHED (MISC) The Court having been notified that the motion for rehearing filed in the Fifth District Court of Appeal is now final, petitioner is allowed to and including August 22, 2016, in which to serve the initial brief on jurisdiction with appendix. Respondent shall have twenty days after service of petitioner's initial brief on jurisdiction in which to serve the answer brief on jurisdiction.
08/17/2016 MISC. DOCKET ENTRY PS Logardo Varlack BY: PS Logardo Varlack 08/29/16: STRICKEN AS UNAUTHORIZED
08/29/2016 ORDER-STRIKE FILING UNAUTHORIZED Petitioner has filed a notice invoking this Court's discretionary review jurisdiction. Therefore, under Florida Rule of Appellate Procedure 9.120(d), Petitioner is required to serve a brief on jurisdiction with an appendix containing only a conformed copy of the decision of the district court of appeal. On August 17, 2016, petitioner filed a document which was untitled. That document is not a jurisdictional brief, an appendix containing the decision of the district court of appeal, or a motion or other request for relief that complies with the Florida Rules of Appellate Procedure. Accordingly, petitioner's untitled document is hereby stricken as unauthorized.
08/30/2016 ORDER-DISMISSAL RE: FAILURE TO COMPLY In reviewing our records, we note that your case is subject to dismissal for failure to comply with this Court's direction. See Fla. R. App. P. 9.410. We have not received the petitioner's jurisdictional brief with appendix in accordance with this Court's order dated August 5, 2016. Failure to file the above referenced documents with this Court within fifteen days from the date of this order could result in the imposition of sanctions, including dismissal of the petition. Please understand that once this case is dismissed, it may not be subject to reinstatement.