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Board of Inquiry® This forum is provided exclusively for the discussion of specific persons or businesses in the herp industry. |
08-15-2017, 06:12 PM
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#2181
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Quote:
Originally Posted by NathanKS
Since Phillip bumped this, I took the liberty of going and checking the status of the case.
Because a Case Management plan was not yet submitted on or about 7/14/17, the parties in this suit were ordered to appear 9/20/17 for a case management conference.
The case was also referred to a general magistrate who will issue guidance and an opinion to the circuit judge.
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What exactly does "Referred to a general magistrate who will issue guidance and an opinion to the circuit judge" mean? I am not in the know when it comes to court lingo.
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08-15-2017, 06:27 PM
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#2182
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A general Magistrate in Florida is a BAR member that has been appointed to the position by a chief circuit judge.
They have virtually all of the same powers as a judge and will conduct a hearing before writing a report and submitting it to a circuit judge. The parties in the case will then have the opportunity to file exceptions to that proposed ruling and cross-exceptions. Following this period, the judge will then either adopt the proposed resolution in the report or modify it.
Below is the text regarding general magistrates in the most recent filing
Quote:
The General Magistrate is authorized to administer oaths and conduct hearings, as may be deemed
necessary, which may include the taking of evidence. As soon as practicable, the General Magistrate shall
file a Report and Recommendation, that contains findings of fact, conclusions of law, and the
recommendation as to a ruling by the Court, and shall submit, as may be appropriate, a Recommended Order
of General Magistrate.
If required by the General Magistrate, the attorneys shall prepare a Recommended Order of General
Magistrate. Failure to submit said Recommended Order of General Magistrate in a timely manner may result
In sanctions being imposed by the Circuit Court Judge.
Review of the Report and Recommendation made by the General Magistrate shall be by exceptions filed
within 10 days after it is served, as provided in Rule 1.490(i), Florida Rules of Civil Procedure. Any party may
file cross-exceptions within 5 days from the service of the exceptions. If no exceptions are timely filed, the
Court shall take appropriate action on the report. If exceptions are timely filed, the Court shall resolve the
exceptions at a hearing on reasonable notice.
Any party filing exceptions will be required to provide the Court with a record sufficient to support the
exceptions, or the exceptions may be denied. A record sufficient to support exceptions may require a written
transcript of the relevant proceedings. The record shall include the court file, designated portions of the
transcript of proceedings before the General Magistrate, and all depositions and evidence presented to the
General Magistrate. The designated transcript portions must be delivered to the Court and all other parties
at least 48 hours before the hearing. If the party filing exceptions has less than a full transcript of the
proceeding before the General Magistrate prepared, that party must promptly file a notice designating the
portions of the transcript that will be transcribed, and the other parties must be given reasonable time after
service of the notice to arrange for the preparation and designation of other portions of the transcript for the
Court to consider at the hearing.
Though civil proceedings before a Judge are not electronically recorded by the Court, parties are advised that
civil proceedings before a Magistrate ONLY will be electronically recorded by the Court, or alternatively, any
party may elect to provide a live Court Reporter at that party's own expense. If a live Court Reporter is
provided by a party, requests for transcripts must be submitted to that Court Reporter. If no live Court
Reporter is provided by a party, a party may request an electronic certified copy of the proceeding on CD, at
that party's expense, and may then have the recording transcribed, at that party's expense. Providing the
Court with a copy of the CD, instead of a certified written transcript, is insufficient for review by the Court of
exceptions. Media request forms, procedures, and fees, and a list of approved Transcriptionists are available
on the Court's website, www.ca.cjis20.org, or by calling the Court's Electronic Court Reporting Department
at 239-533-8207.
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09-17-2017, 09:34 PM
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#2183
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Hopefully this goes well for Michelle on Wednesday.
EVENTS
DATE EVENT JUDGE LOCATION RESULT
9/20/2017 1:30 PM CIVIL HEARING KOCH, ROBERT
CASE DOCKETS
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09-18-2017, 12:03 AM
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#2185
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I hope so too. It's hard to believe how far out of his way this guy went to railroad you.
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09-18-2017, 01:45 AM
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#2186
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Quote:
Originally Posted by snakesareawesome
I hope so too. It's hard to believe how far out of his way this guy went to railroad you.
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I actually went over the documents, he wanted her to pay him over $15,000 in damages for her "libel".
So yeah, I REALLY hope this goes well for her. Also, I love how he claims she's libeling him, when the crap he and his sycophants have said about her is more demeaning, and untrue.
I know who I will NEVER deal with about animals, EVER, and who I cam going to if I ever want a Sugar Glider.
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09-21-2017, 12:57 AM
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#2187
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well
what happened?
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09-21-2017, 08:39 AM
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#2188
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can't wait to get an update too, but I wouldn't be surprised Ty found a way to stall this again. With a lost cause like his, it's the only way to go, drag it sooooo long that other parties just quit.. Until the day a judge sees trough the games and sets it straight.
followed by an appeal.. not sure if it's the same in the USA, but here anyways, that's how it works, the only winning parties are the lawyers and the person with the most $$$ to drag it out..
I sooo hope she got a good day and things went the way they should have..
she gets full amount due for the prize
she gets all fees related to this .
she gets a set amount of punitive charges to Ty for the stress he caused on a simple raffle he turned into a scam.
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09-21-2017, 11:16 AM
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#2189
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Quote:
Originally Posted by yeloowtang
I sooo hope she got a good day and things went the way they should have..
she gets full amount due for the prize
she gets all fees related to this .
she gets a set amount of punitive charges to Ty for the stress he caused on a simple raffle he turned into a scam.
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But she's being sued. What "prize" is she going to receive out of this? I was under the impression everything related to the original raffle was put on hold.
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09-21-2017, 12:38 PM
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#2190
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I was thinking if they go and settle the entire dispute to end this.
so the price $$ for the tegu and the rest.
if not then, you're right and they will only pass judgment on his bogus claim. they will see him trying to prove his point while hiding all the other side and libel he and his group did about her..
most likely close the case.
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