Preview
Crturt
IN THE GOUNEY COURT OF THE 15 JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CASE NO. 50-2006AP000020XXXXMB
Division “AY”
Kelvin Rance
Appellant / Plaintiff,
v-
Wal-Mart Stores, Inc.
and
E&L Towing
Appellee / Defendant
Appellant’s Motion to Reconsider Order Denying Motion to Correct and
Supplement the Record
THE Appellant, KELVIN RANCE, by these words moves the court to
reconsider the Order filed on July 11, 2008 and served on July 16
2008 (exhibit A) denying Appellant’s Motion to Correct and Supplement
the Record. Appellant shows:
1. Appellant moved on June 16, 2008 to have the court issue
an order on appeal to correct and supplement the record
with a copy of the complaint from Palm Beach Circuit
case number 502004CA012066XXXXMB. Such complaint shall
be the one and only complaint from Palm Beach County
case number 502005CC008726XXXXMB, which is the case uponwhich this appeal lies. See exhibit B, page 8 to view a
copy of the complaint to be included in the record.
. Upon order of the court filed on July 11, 2008, the
court denied Appellant’s motion to correct and
supplement the record with a copy of complaint. This
court cited that a copy of such complaint and those
requested items for Appellant’s Motion to Correct and
Supplement were already a part of the record.
. The Appellant attaches proof that the one and only
complaint which was filed on December 28, 2004 (exhibit
B) and shows a time and date stamp of December 28, 2004,
which shall not be found according to date in the index
that the Appellant attaches as exhibit C.
The first entry on the one and only index that the
Appellant has, is the entry dated 07/08/2005 and
entitled ORDER OF TRANSFER. Such ORDER OF TRANSFER shall
be referenced as Volume I, page 1-66. The Appellant does
not know what is contained in Volume I, page 1-66 but it
is entitled ORDER OF TRANSFER.
. Like wise exhibit C, page 14 shows D.E. 1 as the ORDER
OF TRANSFER.
. The Appellee has been contained via email and telephone
to extend the time to file an initial brief pending
order to correct and supplement. This motion to
reconsider is not for the purposes of delay or for any
other improper purpose.7. The Appellant further moves by reconsideration, the
order denying the request of the Appellant's Motion to
Correct and Supplement the record filed on June 09,
2008.
MEMORANDUM OF LAW
Rule 9.200(f) Fla. R. App. P. directs the court by stating
that no appeal shall proceed without a complete record being
submitted on appeal.
Appellant moves the court to include those missing items or
at the very least clarify where those missing items from
Appellant’s Motion to Correct and Supplement are such that the
Appellant may proceed with the Appellant’s appeal.
Wherefore the moves the court, based on the evidence herein
and from all other sources to include those missing items from
Appellant’s Motion to Correct and Supplement, filed June 09, 2008.
Kelvin Rance
4037 Plumbago Place
Lake Worth, Florida 33462Certificate of Service
The Appellant, Kelvin Rance certifies that all parties or
interested parties have been served a copy hereof on June 09,
2008, thru the law office of Quintairos, Prieto, Wood & Boyer
P.A., Attn: David Tarlow Esq., One East Broward Boulevard,
Suite 1400, Fort Lauderdale, Florida 33301, Telephone: (954)
523-7008, (954) 523-7009 and E&L Towing c/o Thomas E. Kingcade,
P.A., 209 S. Olive Avenue, West Palm Beach, Florida 33401 and
J. Freddy Rhoads, 1615 forum place, suite 4-D, West Palm Beach,
Florida, 33401 and Evan Snow, 5117 Cheryl Lane, West Palm
Beach, Florida 33415. Service hereof shall be by U.S. mail on
dane26,—2608.
Fuk
Ay aH0E Sutyeh a00%8
Dated: Jiire~26, 2008.
un
Kelvin Rance
4037 Plumbago Place
Lake Worth, Florida 33462
954-254-1965 cellEXHIBIT A
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
TN AND FOR PALM BEACH COUNTY FLORIDA
KELVIN RANCE, APPELLATE DIVISION (CIVIL)
CASE NO.: 502006.AP000020XXXXMB
200SCC008726XXXXMB
Appellant, Ze
DIVISION: “AY?
v.
WAL-MART STORES, INC..
and E&L TOWING,
Appeltec.
BY ORDER OF THE COURT:
THIS CAUSE came before the Court upon Appellant's Motion to Supplement the Record on
Appeal (“Motion”) filed on June 16, 2008. Appellant states that certain documents were not made
part of the record on appeal duc to the transfer of the case from circuit court to county court. A
review of the record on appeal shows that these documents are already a part of the record on appeal.
Accordingly it is
ORDERED and ADJUDGED that Appellant's Motion is DENIED.
ORDERED:
‘JUL 1 1 208)
ce:
Kelvin Rance, 4037 Plumbago Place. Lake Worth, FL 33462.
David Tarlow, Esq., One Fast Broward Blvd., Suite 1400. Fort Lauderdale, FL 33301
‘Thomas Kingcade, Esq.. 209 S. Olive Ave., West Palm Beach, FI, 33401.
Caroline Soret, Esq., 2525 Ponce de Leon Bivd., Suite 400, Miami, FL 33134IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY FLORIDA
KELVIN RANCE, APPELLATE DIVISION (CIVIL)
CASE NO.: 502006AP000020XXXXMB
Appellant, L..T.:502005CC008726XXXXMB
DIVISION: ‘AY’
v.
WAL-MART STORES, INC..
and E&L TOWING,
Appellee.
BY ORDER OF THE COURT:
THIS CAUSE came before the Court upon Appellee Wal-Mart Stores, Inc.’s Motion to
Dismiss Appeal (“Motion”) filed on June 16, 2008. As grounds Appellee states that Appellant has
neither filed an Initial Brief nor requested an additional extension of time in the required time period.
Appellant’s response to the Motion, filed June 27, 2008, states as grounds that Appellants Motion
to Supplement the Record (D.E. 39) tolled the time to file the Initial Brief.
The Initial Brief was due on May 19, 2008. The Motion to Supplement the Record was filed
‘on June 9, 2008, and thus did not toll the time to file the Initial Brief as it was already past due.
Accordingly it is
ORDERED and ADJUDGED that Appellee’s Motion is DENIED. It is further
ORDERED and ADJUDGED that Appellant shall serve the Initial Brief within ten (10)
days. FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN DISMISSAL OF
THE APPEAL.
ORDERED: , gee 1 1 2009
MOTH Y/~ MECARTHY
CIRCUIT JUDGE /
ce:
Kelvin Rance, 4037 Plumbago Place, Lake Worth, FL 33462.
David Tarlow, Esq., One East Broward Blvd.. Suite 1400, Fort Lauderdale, FL 33301.
Thomas Kingeade, Fsq.. 209 S. Olive Ave., West Palm Beach. FL. 33401.
Caroline Soret, Esq.. 2525 Ponce de Leon Blvd., Suite 400, Miami, FL 33134I
yey
yy
i] et
mayey
COPEE Ty YHOM S427
a0e|d Obequinid JE0r
gouey UIAIey
LOvee Ty ‘Yeeg Wed ISAM
Z122'9 "We - AMH alXiQ YON S02
Uunog ay) Jo BoyjO aayessiulUPY
NOISIAIG SLY T1add¥o™
\
Vv
Exhibit B
Mr. Kelvin Rance
CSN BSH- (AUS
INTHE CIRCUIT COURT OF
THE 15th JUDICIAL
7 CIRCUIT, IN AND
Deed to Fle For ror Pat BEac COUNTY, FLORIDA
ndigqer Rayment Ala
Kelvin Rance
Plaintiff )
a BO AACA 0 1 2066 XXX MB
WALMART STORES, INC.
and
2
> q
(UeaL towne. ___ Bi
:
Defendants ) Be
ON é
J o
The plaintiff/petitioner, Kelvin Rance, Pro Se, sue the defendants/respondents, Wal-mart Stores
Inc., thru Registered Agent CT Corp,.1200 South Pine Island Road , Plantation FI 33324
and E&L Towing, 506 N.E. 3° Street, Boynton Beach, Fl 33435, and show:
I. GENERAL ALLEGATIONS
1. The defendants, Wal-mart Stores Inc., and E&L Towing did illegally and intentionally
towing and sell one 1989 Chevy Astro Van, Florida Tag JS8DHC, VIN #
1GNDM15Z1KB202895 from the Wal-Mart parking lot located at 4545 Hypoluxo Rd, Lake
Worth, Florida. Venue: Palm Beach County
COUNTI
CIVIL THEFT
Tc
The plaintifW/petitioner allege allegations made in Paragraphs 1, Genefal
Allegations of this complaint. c
2.
By removing said vehicle without authori
ity to remove vehicle and thereby selling
said vehicle, with criminal intent did commit civil theft.
Kelvin Rance, Pro Se —v- Wal-mart Stores Inc. and E& L Towing
Page |
12/13/04WHEREFORE, Plaintiff demands judgment in the amount of amount of $12,000, plus interest
and costs.
Kelvin Rance, Pro Se
4037 Plumbago Place
Lake Worth, Florida 33462
954-254-1965 cell, 561-487-4612 Hm.
Kelvin Rance, Pro Se -v- Wal-mart Stores Inc. and E& L Towing Page 2
12/13/04IN THE COUNTY COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
form Case No: 502005CC008726XXXXMB
Division: RJ
Appeal Case No. $02006AP000020XXXXMB-AY
KELVIN RANCE
Defendan/Appeltant
. FILE FOR RECORD
WALMART STORES INC AND COUNTY CIVIL DIVISION
E&L TOWING MAY 15 2006 DAL
SHARON f. Bock
Plaintift/Appellee Gig & Cortes
RECORD ON APPEAL,
RECORD ON APPEAL FROM THE COUNTY COURT CIVIL DIVISION, IN AND FOR PALM BEACH
COUNTY, FLORIDA, County Court Uniform Case Number 502005CC00B726XXXXMB, Division RJ,
consisting of:
VOLUME I
Original papers and Pleadings
1 through 200
VOLUME II
Original papers and Pleadings
20! through 400
VOLUME Il
Original papers and Pleadings.
401 through 600
VOLUME IV
Original papers and Pleadings
601 through 642
TRIAL JUDGE
Honorable Judge DEBRA STEPHENS
v
NU
Ao.PARTIES/COUNSEL OF RECORD
Kelvin Rance, Appellant, 4037 Plumbago Place, Lake Worth. FI. 33462
Walmart Stores Inc, c/o Caroline Allison Esq., Appellee. 150 W. Flagler Sureet. Ste. 1450. Miami. FL 33130
E&L Towing, c/o Thomas E. Kingcade. Esq., Appellee, 209 South Olive Avenue, West Palm Beach, FL
33401
R, Bock, Clerk and Comptroller
C v
(hau? \
lerkseport: CZRAPRE CISPROD RurDate: 16-MAY-2006
me: 93:40 P.M.
PALM BEACH Cly CIR ¢
éser: MCASTILL Record on Appeal Repo’ EST 03-09-03 Run?
Instance: JISPROD Page
2005cC008726
wid
Index No.: 1
Appeal Type: FINAL
Index Type: ORIGINAL
Case Description: RANCE V WALMART
Filing Date Doc No Description Page
Text/Notes
VOLUME NUMBER ONE
07/08/2005 00000001 ORDER OF TRANSFER 1 66
07/14/2005 00000002 CLERK'S CERT OF TRANSFER 67 mW
Docket entry for the letter produced from GUAQFLW on
14-JUL-2005 by CDTHOMAS.
08/15/2005 00000003 LETTER 72 72
FROM PLTF THAT ALL TRANSFER FEES HAS BEEN PAID
08/29/2005 00000004 MOTION FOR DEFAULT 2 80
PREPARED FOR JUDGE
08/29/2005 00000005 NOTICE OF SERVICE 81 8g
OF INTERROGATORIES.
08/29/2005 00000006 NOTICE OF SERVI! 90 99
OF INTERROGATORIES.
98/29/2005 00000007 NOTICE OF SERVICE 100 110
OF INTERROGATORIES
98/29/2005 00000008 NOTICE OF SERVICE iil 122
OF INTERR
09/02/2005 00000009 ORDER 122, 123
SETTING HEARING ON 9/21/05 @ 11:15AM RM 4C.
(BOSSO-PARDG)
09.08/2005 00006010 AKSWER & i240 126
00000G1i = NOTICE 127 129
OF KELVIN RANCE
09/21/2005 06000012 MOTION 13000132
FOR ENLARGEMENT OF TIME IN ‘SHICH TG RESPONDExhibit C
Report: CZREZDK
instance: JISPROD PALM BEACH COUNTY
Docket Print from Easyview
‘Case ID : 2005CC008726 - RANCE V WALMART
CLERK OF THE CIRCUIT COURT Date: 16-May-2006
Time: -3:36:43PM
Page tof 11
UCN . 602005C-C0087 26XXXXMB.
Case Filed 08-Jul 2008
Status: RO- REOPEN
Case Type Court Location Division uy
CV -CML {COUNTY CIVIL) cc MB RJ
Type Party Name Represented by
3UDGE ‘BOSSO.PARDO, JUDGE SANDRA
APPELLANT RANCE. KELVIN
PLAINTIFF RANCE, KELVIN
‘APPELLEE WALMART STORES INC ‘SORET, CAROLINE ALLISON
DEFENDANT WALMART STORES INC cT.corP
APPELLEE E&L TOWING KINGCADE, THOMAS E,
(DEFENDANT E&t TOWING RHOADS, J FREDDY
Filing Date _Docket No _Pages_ Docket Description Docket Code Docket Text Book No _ Page No i
08-Jul-2008, ADDITIONAL COMMENTS 00000“ “CASE ON APPEAL = BE CAREFUL it
DOCKETING - $02008AP000020MB AY ;
INDEX PREP DATE S/15/06
SHIP RECORD DATE 7/24/06 4
(08-Jul-2005 CCFFICR-CV-FC-RE-S4 400FF
08-Jul-2005, PENDING PE
08-Juh-2008 ’ 1 ORDER OF TRANSFER ORTR
14-Jul-2008 RECEIPT FOR PAYMENT RCPT A Payment of -$255,00 was made on receipt
ccme78<60
114-Juh2005 2 CLERK'S CERT OF TRANSFER —CCTR_—_Docket entry for the leer produced from GUAQFLW.
(on 14-JUL-2005 by COTHOMAS..
18-Aug-2005 3 LETTER LTR FROM PLTF THAT ALL TRANSFER FEES HAS
7 BEEN PAID
29-Aug-2005 4 MOTION FOR DEFAULT MOFT PREPARED FOR JUDGE
28-Aug-2005 5 NOTICE OF SERVICE NOS OF INTERROGATORIES.
29-Aug-2005 6 NOTICE OF SERVICE NOS OF INTERROGATORIES.
(carezdk) Rensed : 26-Juh2003