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  • RANCE, KELVIN V WAL-MART STORES INC COUNTY TO CIRCUIT APPEAL document preview
  • RANCE, KELVIN V WAL-MART STORES INC COUNTY TO CIRCUIT APPEAL document preview
  • RANCE, KELVIN V WAL-MART STORES INC COUNTY TO CIRCUIT APPEAL document preview
  • RANCE, KELVIN V WAL-MART STORES INC COUNTY TO CIRCUIT APPEAL document preview
  • RANCE, KELVIN V WAL-MART STORES INC COUNTY TO CIRCUIT APPEAL document preview
  • RANCE, KELVIN V WAL-MART STORES INC COUNTY TO CIRCUIT APPEAL document preview
  • RANCE, KELVIN V WAL-MART STORES INC COUNTY TO CIRCUIT APPEAL document preview
  • RANCE, KELVIN V WAL-MART STORES INC COUNTY TO CIRCUIT APPEAL document preview
						
                                

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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