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Doc.
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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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10/24/2008
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NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
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PT Carlos Del Valle BY: PT Robert Godfrey 162795
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(COPY FAXED FROM DCA) (10/27/2008: ORIGINAL CERTIFIED COPY FROM DCA FILED)
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10/24/2008
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No Fee - Insolvent
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INSOLVENT BELOW
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10/24/2008
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MOTION-STAY (PROCEEDINGS BELOW)
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PT Carlos Del Valle BY: PT Robert Godfrey 162795
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FILED AS "EMERGENCY MOTION TO STAY ORDER THAT MR. DEL VALLE REPORT TO BOOT CAMP PENDING RESOLUTION OF DISCRETIONARY REVIEW"
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10/24/2008
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JURIS INITIAL BRIEF
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PT Carlos Del Valle BY: PT Robert Godfrey 162795
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W/APPENDIX (O&5 & E-MAIL)
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10/24/2008
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ORDER-STAY PROCEEDINGS BELOW DY
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Petitioner's Emergency Motion to Stay Order that Mr. Del Valle Report to Boot Camp Pending Resolution of Discretionary Review filed in the above styled cause is hereby denied.
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11/19/2008
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JURIS ANSWER BRIEF
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RS State Of Florida state1 BY: RS Heidi Milan Caballero 22386
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O&5 & E-MAIL
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01/30/2009
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ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE)
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The Court accepts jurisdiction of this case. Oral argument will be set by separate order. Counsel for the parties will be notified of the oral argument date approximately sixty days prior to oral argument.
Petitioner's initial brief on the merits shall be served on or before February 24, 2009; respondent's answer brief on the merits shall be served twenty days after service of petitioner's initial brief on the merits; and petitioner's reply brief on the merits shall be served twenty days after service of respondent's answer brief on the merits. Please file an original and seven copies of all briefs.
The Clerk of the Third District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before March 30, 2009. The record shall include the briefs filed in the district court separately indexed.
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02/19/2009
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Carlos Del Valle BY: PT Shannon P. Mckenna 385158
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02/19/2009
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NOTICE-APPEARANCE
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PT Carlos Del Valle BY: PT Shannon P. Mckenna 385158
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BY SHANNON MCKENNA ON BEHALF OF PETITIONER
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02/24/2009
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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Petitioner's motion for extension of time is granted and petitioner is allowed to and including March 26, 2009, in which to serve the initial brief on the merits.
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03/19/2009
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Carlos Del Valle BY: PT Shannon P. Mckenna 385158
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03/26/2009
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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Petitioner's motion for extension of time is granted and petitioner is allowed to and including April 9, 2009, in which to serve the initial brief on the merits.
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03/30/2009
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RECORD/TRANSCRIPT
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Mary Cay Blanks BY: Mary Cay Blanks
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CONSISTING OF 1 VOLUME OF RECORD AND 1 VOLUME CONSTRUCTED BRIEF (W/CERTIFIED APPEAL PAPERS)
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04/08/2009
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Carlos Del Valle BY: PT Robert Godfrey 162795
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(O&1) FILED AS "EMERGENCY MOTION FOR EXTENSION OF TIME TO FILE PETITIONER'S INITIAL BRIEF ON THE MERITS"
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04/08/2009
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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Petitioner's motion for extension of time is granted and petitioner is allowed to and including April 16, 2009, in which to serve the initial brief on the merits.
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04/21/2009
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT Carlos Del Valle BY: PT Shannon P. Mckenna 385158
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(O&1) FILED AS "EMERGENCY MOTION FOR EXTENSION OF TIME TO FILE PETITIONER'S INITIAL BRIEF ON THE MERITS"
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04/29/2009
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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Petitioner's motion for extension of time is granted and petitioner is allowed to and including April 23, 2009, in which to serve the initial brief on the merits.
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05/06/2009
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INITIAL BRIEF-MERITS
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PT Carlos Del Valle BY: PT Shannon P. Mckenna 385158
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0&6 & E-MAIL (NO APPENDIX) 05/07/2009: REQ O&7 OF APPENDIX AND 1 EXTRA COPY OF BRIEF)
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05/06/2009
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MOTION-ACCEPTANCE AS TIMELY FILED (BRIEF)
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PT Carlos Del Valle BY: PT Shannon P. Mckenna 385158
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FILED AS "MOTION TO ACCEPT PETITIONER'S INITIAL BRIEF ON THE MERITS AS TIMELY SERVED"
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05/11/2009
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ORDER-ACCEPTANCE AS TIMELY FILED GR (BRIEF)
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Petitioner's Motion to Accept Initial Brief on the Merits as Timely Served is granted and petitioner's initial brief on the merits was filed with this Court on May 6, 2009.
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05/11/2009
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APPENDIX
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PT Carlos Del Valle BY: PT Shannon P. Mckenna 385158
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(TO INITIAL BRIEF-MERITS) O&7 (NO COS) 05/15/2009: CERT.OF SERVICE FILED.
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05/26/2009
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS State Of Florida state1 BY: RS Heidi Milan Caballero 22386
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05/29/2009
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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Respondent's motion for extension of time is granted and respondent is allowed to and including June 29, 2009, in which to serve the answer brief on the merits.
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06/24/2009
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MOTION-DISMISS
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RS State Of Florida state1 BY: RS Heidi Milan Caballero 22386
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AS MOOT (O&7) (07/24/2009: advised motion to dismiss will be considered subsequent to oral argument, once set)
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07/01/2009
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ANSWER BRIEF-MERITS
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RS State Of Florida state1 BY: RS Heidi Milan Caballero 22386
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O&7 & E-MAIL
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07/16/2009
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MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
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PT Carlos Del Valle BY: PT Shannon P. Mckenna 385158
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(O&1)
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07/20/2009
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ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS)
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Petitioner's motion for extension of time is granted and petitioner is allowed to and including August 24, 2009, in which to serve the reply brief on the merits.
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07/27/2009
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ORDER-OA SCHED (PREV ACCEPTED)
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The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Wednesday, October 7, 2009.
A maximum of twenty minutes to the side is allowed for the argument, but counsel is expected to use only so much of that time as is necessary.
NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP.
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07/27/2009
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ORAL ARGUMENT CALENDAR
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08/21/2009
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MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
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PT Carlos Del Valle BY: PT Shannon P. Mckenna 385158
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08/28/2009
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ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS)
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Petitioner's motion for extension of time is granted and petitioner is allowed to and including August 31, 2009, in which to serve the reply brief on the merits.
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09/04/2009
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REPLY BRIEF-MERITS
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PT Carlos Del Valle BY: PT Shannon P. Mckenna 385158
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O&7 & E-MAIL
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09/04/2009
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MOTION-ACCEPTANCE AS TIMELY FILED (BRIEF)
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PT Carlos Del Valle BY: PT Shannon P. Mckenna 385158
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09/18/2009
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ORDER-ACCEPTANCE AS TIMELY FILED GR (BRIEF)
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Petitioner's motion to accept reply brief on the merits as timely filed is granted and said brief was filed with this Court on September 4, 2009.
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09/25/2009
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NOTICE-APPEARANCE
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RS State Of Florida state1 BY: RS Thomas H. Duffy 470325
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BY THOMAS H. DUFFY TO APPEAR ON BEHALF OF THE STATE AT ORAL ARGUMENT (09/29/2009: AMENDED NOTICE FILED)
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10/07/2009
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ORAL ARGUMENT HELD
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12/15/2011
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ORDER-DISMISS DY
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Respondent's Motion to Dismiss as Moot is hereby denied.
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12/15/2011
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DISP-QUASHED
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Accordingly, we quash the decision of the Third District below and further disapprove Gonzales v. State, 909 So. 2d 960 (Fla. 3d DCA 2005), and Guardado v. State, 562 So. 2d 696 (Fla. 3d DCA 1990), to the extent that they allow a probationer to have his or her probation revoked absent an inquiry by the trial court into ability to pay and a specific finding of willfulness. We approve the holdings of all the district courts of appeal except the Third District that before a trial court may properly revoke probation and incarcerate a probationer for failure to pay, it must inquire into the probationer's ability to pay and make a determination of willfulness.
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12/30/2011
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MOTION-REHEARING
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RS State Of Florida state1 BY: RS Heidi Milan Caballero 22386
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(RC)
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01/12/2012
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RESPONSE
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TO MOTION FOR REHEARING
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02/13/2012
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DISP-REHEARING DY
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Respondent's Motion for Rehearing and/or Clarification is hereby denied. (rc)
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03/14/2012
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MANDATE
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CC: COUNSEL
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03/14/2012
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RECORD/TRANSCRIPT RETURNED
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Mary Cay Blanks BY: Mary Cay Blanks
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1 VOLUME RECORD AND 1 VOLUME CONSTRUCTED BRIEFS
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03/19/2012
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MAIL RETURNED
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ANDREW MCBRIDE STANTON: MANDATE - REMAILED TO CURRENT ADDRESS
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03/23/2012
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MAIL RETURNED
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RECORD ON APPEAL - LABEL WAS SMUGGED AND UNABLE TO READ (03/23/2012: REMAILED WITH BETTER LABEL)
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07/17/2012
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ARCHIVES
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File
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