WebSTATE OF FLORIDA DANIEL W. UHLFELDER, Appellant, CASE NO. WebFlorida Rule of Appellate Procedure 9.100 states what a petition must include: The basis for invoking the jurisdiction of the court . -lbET{}hubES.-1~HWnYU:apFv[4@\;@YCp1(CW^UGrnR}p=6uF4,gf1 UfTGov*2kgMKCrK-ukaj(V:Rf
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K[ q!G6nr>3nB_"c For example, not infrequently, our court receives notices that attempt to initiate appeals of orders simply granting a motion to dismiss or a motion for summary judgment, which are not, ordinarily, appealable final orders (to be appealable, such an order would need to actually enter judgment or dismiss the case with finality). A generic statement that an unsuccessful attempt to contact opposing counsel was made will not satisfy the requirement to confer. P. 9.300), it is not necessary to file a separate motion for extension of time for that purpose. In other cases, the prosecutor might decide to deter any action to the Court that issued the civil protective order for further action.The Court that issued the civil protective order may decide to issue a Order to Show Cause. R. Civ. An Order to Show Cause (OSC) is used in place of a motion in circumstances that require an immediate solution. w !1AQaq"2B #3Rbr Although you might find links to other websites maintained by public entities or private third parties on this website, the presence of such a link does not imply an endorsement of the third party website or the accuracy of its content. } !1AQa"q2#BR$3br /ID [<28bf4e5e4e758a4164004e56fffa0108><28bf4e5e4e758a4164004e56fffa0108>]
[Content_Types].xmlj0Er(Iw},-j4 wP-t#b{UTU^hd})*1P' ^W0)T9l#$yi};~@(Hu*Dz/0$X3aZ,D0j~3b~i>3\`?/[G\!-Rk.s..a? WebThe following is a sample Motion for Order to Show Cause, filed in a Florida criminal case where a party seeks to have another person held in contempt of court. The court still might order mediation after such an admonition. Subscribe to receive important updates and news from Florida Courts. WebORDER TO SHOW CAUSE. In these cases, the court needs additional information before the judge could make such a decision. The relief may relate to any family court matter, Failure to appear in person to this order may result in sanctions and/or arrest. The Petitions and supporting documents for the most common Family Division proceedings are available on the Family Division Form Packets Pagethe and at the Clerk of Court in packets. THIS CAUSE, having come before this Court on Plaintiff/Defendants Motion for the Issuance of an Order to Show Cause why _____ DEFENDANT, by and through undersigned counsel and pursuant to Rule 3.840 of the Florida Rules of Criminal Procedure, requests this Honorable Court to issue an Order to Show Cause why the below-named person(s) should not be held in criminal contempt of court. Maria continually makes excuses for not allowing the children to visit on Mateos scheduled weekends, such as they had a play date, or other activities. The property was not mailed to either party. These materials are provided for informational purposes only, and are not intended as a substitute for legal advice. Contact E l 4 a ( k (
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An Order to Show Cause hearing often results in a temporary Show Cause Order dealing with the issue until the case can be resolved in its entirety. The Form C is only for use in Child Support cases involving Child Support Enforcement (the Department of Revenue). Counsel are encouraged to carefully review any authorities cited within the show cause order. Waterhouse, LLC, Klein-Becker USA, LLC Nutrasport, LLC, S5vage Derralogic Laboratories, LLC, Ban, LLC, Dennis Gay, Daniel B. Mowrey, Ph. stream
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RuK>V.EL+M2#'fi~Vvl{u8zH While initial requests for an extension of time to file an initial or answer brief will often be granted (particularly if it is stipulated or unopposed), counsel should avoid multiple, seriatim requests for extensions of time. Webrequiring Respondent to show cause why he/she should not be held in contempt of this court for violation of the Final Judgment of Injunction for Protection as is stated in the attached . *. WebThere are two primary purposes of a Motion for Order to Show Cause. %&'()*456789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz /O 39
Accessible | Fair | Effective | Responsive | Accountable. At that time, the Court will consider the sworn WebRule pursuant to Section 120.54(4)(a) and 120.68(9), Florida Statutes, seeking review by this Court of the Departments findings of immediate danger to the public health, safety and welfare. xref
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7 ? On the day of the hearing, all parties must appear in court to make their case to the judge, who will then decide the issue, either making an order, or dismissing the OSC. %
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WebThe Order to Show Cause will direct the Respondent to appear in court on a certain day at a certain time and in a certain place. Webresponds to the Courts order to show cause of December 4, 2012 as to why this appeal should not be dismissed for lack of jurisdiction. Or the judge may also order the relief requested (for example, by changing the visitation schedule or transferring custody). LocationJacksonvilleOrlando You may receive a notice from the Self-Help office stating that you need one or more of these forms filed with the Clerk of Court before your case can proceed to a final hearing. stream
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~JTe\O*tHGHY }KNP*T9/#A7qZ$*c?qUnwN%Oi4=3P WebNotice of this ORDER TO SHOW CAUSE shall be served by personal service . /Pages 35 0 R
An OSC brings quicker relief, as it shortens the time required for providing notice to the other parties in the case. If it appears that an order on appeal may not be subject to appellate review, the clerk may issue an order to show cause why the appeal should not be dismissed. 37 13
In the alternative, if a motion for extension of time is filed, counsel must confer with opposing counsel before filing it and must include a certificate of conferral. WebNotice of this ORDER TO SHOW CAUSE shall be served by personal service . 0000003372 00000 n
: 1D20-1178 v. L.T. This information will be stamped or written on the OSC package, a copy of which must be served on the opposing party. 1005 N. Marion St.
Despite additional requests by Andrews attorney, the responses are not provided. / / QGq c : 0 / : IN THE CIRCUIT COURT OF THE 11TH
JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
Plaintiff,
vs. The following are some of the most common Answers, but they may not be applicable to your case. The Family Form A is available to request assistance from the Self-Help Office. Read the instructions carefully on each form! Absent emergency circumstances and when appropriate, counsel should confer with opposing counsel regarding the subject of the motion before filing it. This website is maintained by Jason D. Sammis and Leslie M. Sammis. Motion to Strike Filing That Violates a Court Order or the Florida Rules of Civil Procedure the other party can move for an order to show cause why the entity did not comply with the order affidavits, or discovery responses. Andrews ex-wife has failed to provide her responses before the time limit specified in the local rules of civil procedure. ^ Weba motion to dismiss the order to show cause; a motion to move for a statement of particulars, or an answer to the order by way of explanation or defense. If you need to speak with an attorney about an Order to Show Cause in Tampa, Hillsborough County, Brooksville in Hernando County, or St. Petersburg in Pinellas County, then call the Sammis Law Firm at (813) 250-0500. Indirect criminal contempt charges are serious. /Size 50
), Summons: Personal Service on an Individual, Job Search Requirement Log (Manatee County), Job Search Requirement Log (Sarasota County), Respondents Book for Cases Involving Child Support Enforcement, Pro Se Motion and Instructions - Simple Form, Verified Pro Se Emergency Motion and Instructions, Pro Se Motion for Clarification and Instructions, Pro Se Motion for Rehearing and Instructions, Pro Se Motion for Continuance of Hearing or Trial and Instructions, Pro Se Motion to Compel Financial Disclosure and Instructions, Pro Se Motion for Order to Show Cause (Failure to File Financial Affidavit for Mediation), Pro Se Motion to Abate Child Support and/or Alimony and Instructions(For Non Child Support Enforcement/Department of Revenue Proceeding), Supplemental Petition for Temporary Modification of Parenting Issues for Children of Parent Activated, Deployed, or Temporarily Assigned to Military Service, Motion for Order Permitting Relocation by Agreement, Agreement for Relocation with Minor Child(ren), Petition for Dissolution of Marriage with Dependent or Minor Child(ren) and Relocation, Motion for Temporary Order Granting Relocation, Motion for Civil Contemptand or Return of Child(ren), Pro Se Answer and Instructions - Simple Form, Answer, Waiver, and Request for Copy of Final Judgment of Dissolution of Marriage, Answer to Petition for Dissolution of Marriage, Answer to Petition and Counterpetition for Dissolution of Marriage with Dependent or Minor Children, Answer to Petition and Counterpetition for Dissolution of Marriage with Property but no Dependent or Minor Children, Answer to Petition and Counterpetition for Dissolution of Marriage with No Dependent or Minor Children or Property, Answer to Petition to Determine Paternity and for Related Relief, Answer to Petition and Counterpetition to Determine Paternity and for Related Relief, Objection to Petition to Relocate with Minor Child(ren), Judge Lynn N. Silvertooth Judicial Center. upon _____. <<
If a show cause order is issued, it is often necessary (and more expedient) for the appellant to obtain an amended order from the lower tribunal rather than attempting to convince the appellate court that the order under appeal is sufficiently final or amenable to appeal. Other required forms can be obtained elsewhere on this website, or on the Florida Court website at www.flcourts.gov. PK ! /Length 320
_____________________________/
CIVIL DIVISION: 22
CASE NO. Individual forms can be obtained on the Florida Courts website at www.flcourts.gov. /S 240
ky theme/theme/themeManager.xmlPK- ! 2 F la. WebChecklist to Respond to Motion for Order to Show Cause in Districts 6 though 8 Procedures on Motions for an Order to Show Cause differ from one courthouse to another. Mateos ex-wife, Maria, has been violating the custody and visitation order handed down by the court nearly a year ago. %%EOF
The need to file a notice of supplemental authority should be rare. Former form 1.916 is repealed because of the consolidation of writs of assistance with writs of possession. % 340 0 obj
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In support of this Motion, the Defendant states the following essential facts constituting criminal contempt: WHEREFORE, the undersigned counsel respectfully requests that this Honorable Court issue the abovedescribed Order to Show Cause. The filing of a motion for extension of time is a request, which may or may not be granted. WebPLAINTIFFS' BRIEF RESPONSE in re ORDER TO SHOW CAUSE Judge: W.H. Preferably, notices of supplemental authority should not be used to include citations to cases or authorities that had been decided, published, and available prior to the briefing. WebORDER TO SHOW CAUSE. The moving party should include a specific due date on which the brief or response will be due if the extension is granted. 1Pm\\9M2aD];Yt\[x]}Wr|]g- /T 57808
Confidential or time-sensitive information should not be sent through this website. <<
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The procedure should be reserved for extraordinary circumstances or situations where a new case or legal authority has just been published that might impact a fully briefed (but not yet decided) appeal. In many jurisdictions, an OSC is commonly used in child custody matters that require a temporary order to keep the children safe while the custody proceeding moves along at its usual pace. 4 : > B C D E F % & A S \ ] n hv h$l CJ OJ QJ ^J aJ h+y CJ OJ QJ ^J aJ h@ CJ OJ QJ ^J aJ h( CJ OJ QJ ^J aJ hv CJ OJ QJ ^J aJ h$l CJ OJ QJ ^J aJ h> CJ OJ QJ ^J aJ h C CJ OJ QJ ^J aJ h$l h$l CJ OJ QJ ^J aJ h CJ OJ QJ ^J aJ 2 1h:p`f / =!"8#8$% 9 0 1h:p`f / =!"#8$% P Z 5 0 1h:pR / =!"#8$% ^ 6 6 6 6 6 6 6 6 6 v v v v v v v v v 6 6 6 6 6 6 > 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 h H 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 2 0 @ P ` p 2 ( 0 @ P ` p 0 @ P ` p 0 @ P ` p 0 @ P ` p 0 @ P ` p 0 @ P ` p 8 X V ~ _HmH nH sH tH @ ` @ ` N o r m a l CJ _HaJ mH sH tH D A D D e f a u l t P a r a g r a p h F o n t R i R 0 T a b l e N o r m a l 4 49 0 obj
Before you decide, schedule an appointment to meet directly with the attorney. Motions to withdraw filed by counsel in criminal appeals must also comply with Fla. R. App. When a certificate of conferral (indicating when and how counsel conferred and whether consent was obtained) is included, counsel should furnish specific details on the timing and means of communication that were utilized. 0000000588 00000 n
Please do not use the following forms. The failure to strictly follow the requirements of the rule is often considered fundamental error that requires reversal even if no objection is made during the hearing. Where a motion starts the parties on equal footing, as far as the courts are concerned, an OSC requests that the court make a decision, ordering the other party to appear and provide information and evidence why the order should not be made. a The OSC must contain the request being made, or relief sought, by the person filing. endstream
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t{^1S(ukh]U$f=jtxJGe9KW++Fp}]~(xKSM_zi1+#^UV#"c6P0()^8=^ . A no contact protective order can be issued on a temporary or final basis. Our attorneys are experienced in representing clients charged with indirect criminal contempt under Rule 3.840, Florida Rules of Criminal Procedure. /Prev 57796
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dXiJ(x$(:;!I_TS1?E??ZBmU/?~xY'y5g&/>GMGeD3Vq%'#q$8K)fw9: %PDF-1.4 Difference Between an Order to Show Cause and a Motion. Alsup Where: Electronically filed by When: Dec. 19th 2014, 8:00AM PLAINTIFFS' BRIEF A federal judge issues an order to show cause that you should be sanctioned for repeated failure to prosecute cases and barred from practicing in this District. What do you do? B / &. An Order to Show Cause, if issued, should be directed to Anonymous Officer, Chief of Police, City of Titusville Police Department, 1100 Fictitious Boulevard, Titusville, Florida 32780. Indirect criminal contempt charges are serious. The answer and all motions SHALL be filed in writing unless the Court gives leave to present the motions orally. The hearing shall be held before the HonorableDarrin P. Gayles, Courtroom13-1 in the 11th Judicial Circuit Court, Miami-Dade County, Florida, Dade County Courthouse, 73 West Flagler St, Room 1304, Miami, Fl. gd"- 3 4 5 : M a q`O`A`A`A`A h C CJ OJ QJ ^J aJ h$l h* CJ OJ QJ ^J aJ h$l h* CJ OJ QJ ^J aJ &h$l h* 5>*CJ OJ QJ ^J aJ #h$l h* 6CJ OJ QJ ^J aJ h$l hR CJ OJ QJ ^J aJ hR CJ OJ QJ ^J aJ h{7 CJ OJ QJ ^J aJ h( CJ OJ QJ ^J aJ h`f CJ OJ QJ ^J aJ h`f 6CJ OJ QJ ^J aJ h"- hR CJ OJ QJ ^J aJ E 0000003571 00000 n
:
ORDER TO SHOW CAUSE
THIS CAUSE, having come before this Court on Plaintiff/Defendants Motion for the Issuance of an Order to Show Cause why ____________________ should not be held in indirect civil contempt of court for failure to______________________; and the Court being fully advised in the premises;
Plaintiff/Defendants Motion for Issuance of a Rule to Show Cause is granted; and
IT IS HEREBY ORDERED, that _____________________ shall appear before this Court in person to show cause why he/she should not be held in indirect civil contempt for failing to ____________________________________. hbbd``b`V@q q T $x@,%0L a, $,/20Ag You must file a separate form with the Clerk of Court each time you request assistance. an answer to the order by way of explanation or defense. An order from this court setting a deadline in which to file a brief, or stating that no further motions for extension will be considered, should (like all court orders) be followed scrupulously. All Content Copyright 2023 Second District Court of Appeal. P. 9.440(b) will ordinarily be denied without prejudice. /E 33922
<<
1996 Amendment. Mateo fills out the Order to Show Cause form and attaches an affidavit describing the problems he is having, even listing the dates and details of Marias failures to obey the custody order. 313 0 obj
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2. The order shall specify the time and place of the hearing, with a reasonable time allowed for preparation of the defense after service of the order on the defendant. 8 PK ! 0000005081 00000 n
_____________________________
DARRIN P. GAYLES
Circuit Court Judge
cc: ________________________, Esq., Attorney for Plaintiff
________________________, Esq., Attorney for Defendant
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Orders to Show Cause are also commonly used in housing matters, as well as contempt matters. ' theme/theme/_rels/themeManager.xml.relsPK ] . Confidential Information in Court Filings. We update the information on this website periodically, but the information on this site should not be used as legal advice for your personal problem. 6 _rels/.relsj0}Q%v/C/} (h"O %PDF-1.5
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DONE AND ORDERED, in Chambers, at Tampa, Hillsborough County, Florida . %%EOF
u3KGnD1NIBs 5 0 obj 6 + _rels/.relsPK- ! . P. 9.140(d). You must file a response called an Answer within 20 days after being served with legal papers and a summons. Both Mateo and Maria appear at the court hearing that was scheduled 10 days after the documents were filed. 37 0 obj
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Appellant Response Br. - Privacy Policy - Lawyer Website Design by: INTERNET LAVA, order of protection against domestic violence. WebORDER TO SHOW CAUSE FOR FAILURE TO PRODUCE FACT INFORMATION SHEET THIS CAUSE having come before the Court on _____ upon the Motion for Order to The Court may send out an Order to Show Cause to tell you that you did not follow the Courts rules, directions or deadlines and to instruct you to file one or more documents by a certain date. Your Response must show a good reason (cause) for not following the Courts rules, directions or deadlines. If you need to speak with an attorney about an Order to Show Cause in Tampa, Hillsborough County, Brooksville in Hernando County, or St. Petersburg in Pinellas County, then call the Sammis Law Firm at (813) 250-0500. I understand that submission of an online form does not constitute an attorneyclient relationship. In the legal system, an Order to Show Cause is a court order requiring an individual or entity to explain, justify, or prove something. JAMES D. ARNOLD, Circuit Judge . 0000000017 00000 n
Do not rely on advertisements when choosing the best criminal defense attorney in Tampa, FL, for your case. 0000020732 00000 n
0 = W X Y Z [ \ e f g k l m n w x y tcQ #h`f h`f 6CJ OJ QJ ^J aJ h$l h`f CJ OJ QJ ^J aJ h`f h`f CJ OJ QJ ^J aJ #h$l h`f 6CJ OJ QJ ^J aJ h`f 6CJ OJ QJ ^J aJ h`Y CJ OJ QJ ^J aJ hR CJ OJ QJ ^J aJ h$l h CJ OJ QJ ^J aJ h~? CJ OJ QJ ^J aJ h`f CJ OJ QJ ^J aJ h$l h`Y CJ OJ QJ ^J aJ ! Following the first two no-shows, the defense moved for an order to show cause pursuant to Florida Rule of Criminal Procedure 3.840. Failing these excuses, Maria simply forgot to bring the children by on several occasions. His Response has no more merit than his frivolous xX_0pHdc;tEB O];&-mbM;hylomnmo 7mA9ms6}CvHdcG(g. The arraignment involves asking the Respondent / Defendant if he would admit or deny the allegations (which essentially means that the court is asking if the Respondent is guilty or not guilty of the allegations contained in the Order to Show Cause). CASE NO. Fla. R. Civ. Rule 3.840 spells out all of the procedural and due process requirements for the contempt proceedings including the requirements for the allegations in the charging document, the answer or motions, an order of arrest, the right to bail, the arraignment and the sentencing hearing. Not filing a written motion is not deemed as an admission of guilt of the indirect criminal contempt charged. +
F & ] $00]0^0a$gd$l $0]0a$gdv $00d ]0^0a$gdC1 $00]0^0a$gdC1 $00]0^0a$gdC1 a b Failure to appear in person to this order may result in sanctions and/or arrest. Floridas Second District Court of Appeal, Accessible | Fair | Effective | Responsive | Accountable, Most Recent Written Opinions|Most Recent PCAs|Opinions Archive. This Courts original order instructed the Titusville Police Department to either mail the Defendants property (money) to the Defendant or the Defendants mothers local address. /Linearized 1
P theme/theme/theme1.xmlYOo6w toc'vu-MniP@I}ama[4:lGRX^6>$! A party filing an OSC is presenting to the judge a request for some type of immediate relief, providing reasons why the court should grant the order. FAILURE TO APPEAR AT THE HEARING MAY RESULT IN THE COURT ISSUING A WRIT OF BODILY ATTACHMENT FOR YOUR ARREST.
2013 - 2023 Sammis Law Firm P.A. Please leave this field empty. = C?hv=%[xp{_PH0ORBdJE4b$q_6LR7`0O,En7Lib/Se PK ! You can review and obtain the Answers and supporting documents for the ((((((((((((((((((((((((((((((((((((((((((((((((((( P[" You can review and obtain the Answers and supporting documents for the most common Family Division proceedings on the Florida Courts website at www.flcourts.gov. endobj
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Home Statutory Penalties Order to Show Cause. In certain cases, a prosecutor with that State Attorneys Office might decide to file criminal charges for the violation of the injunction. WebCourt Approved Family Law Form 12.915; and Florida Rule of Judicial Administration2.516. Read and follow the instructions carefully! Call us to schedule a time to talk with the attorneys in the office or over the phone. * Note: Respondents who wish to file any motion in a case that involves Child Support Enforcement (Department of Revenue) should use the Respondents Packet for Cases Involving Child Support Enforcement. v this ____ day of _____, 20___. /P 0
(If this order is being issued as result of failure to appear at deposition, deponent may arrange for the taking of his/her deposition prior to the hearing in order to avoid the necessity of appearing in court pursuant to this order.) Order to Show Cause Form Number 12.980(x) Form Type Domestic, Repeat, Sexual or Dating Violence; Stalking Date 05/2013 PDF File 980x.pdf (332 kB) /Info 36 0 R
3 Id. Copies furnished to: Under Rule 3.840, Florida Rule of Criminal Procedure, the court may impose punishment for indirect criminal contempt that includes: a fine and/or incarceration. [Content_Types].xmlPK- ! In most cases, the no contact provision is part of the bond or pre-trial release conditions in a criminal case or a condition of probation. ^onDY%bQQ."c;U]oNim7Y%>}eVJ]RBm/w'Jr{h!W*-t.=?du,i6kYT+`~|#+wuP\bzw"-u`b]UM_]NZr-KNy9)h"VfwRRviH3h*!QEvL)-KK
u!V\Gi6+uY=`-y\! IF YOU ARE ARRESTED, YOU MAY BE HELD IN JAIL UP TO 48 HOURS BEFORE A HEARING IS HELD. Defendant. at 1-19. WebDEFENDANTS RESPONSE TO ORDER TO SHOW CAUSE Defendants, by and through undersigned counsel, respond to the Courts August 1, 2014 Order, which orders the /N 6
Z Because an order granting an extension of time for the preparation of the record or index or filing of transcripts automatically extends the time for service of a brief (Fla. R. App. Consistent with principles of professionalism and a lawyer's duties to his or her client, consent on administrative matters, such as a motion to continue oral argument, should be extended whenever possible. Privacy Statement|Accessibility Statement|Legal Notice(850) 922-5081500 South Duval Street, Tallahassee, FL, 32399-1925, All Content Copyright 2023 Florida Courts, Domestic, Repeat, Sexual or Dating Violence; Stalking, Court Councils, Commissions, and Committees, General Contract Conditions for Services and Commodities, Show Cause for Violations | 12.980 Forms W, X, Additional Supporting Documents | 12.902 | Forms B - J, Answers to Dissolution | 12.903 Forms A - E, Attorney/Non-Lawyer Representation | 12.900 | Forms A - H, Disestablish Paternity | 12.951 Forms A - B, Dissolution Final Judgments | 12.990 Forms A - C2, Dissolve/Modify Injunction | 12.940 Forms D - E, Income Deduction Order | 12.996 Forms A- C, Involving Relocation | 12.950 Forms A - J, Modification of Final Judgments | 12.993 Forms A - C, Motion to Deviate from Child Support Guidelines | 12.943 Form, Notices and Diligent Search | 12.913 Forms A - C, Petition for Dissolution of Marriage | 12.901 | Forms A - B3, Petition for Support Unconnected with Dissolution | 12.904 Forms A - B, Prevent Removal of Child(ren) | 12.941 Forms A - E, Summons and Memorandum | 12.910 Forms A - B, Supplemental (Modification) Petitions | 12.905 Forms A - C, Supporting Documents | 12.980 Forms G - J, M, Temporary Custodial Responsibility During Deployment / 12.948 Forms A-E, Testimony and Attendance of Minor Child(ren) | 12.944Forms A - B, 500 South Duval Street, Tallahassee, FL, 32399-1925. 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