sample motion for default final judgment florida

Form 3: Notice From Tenant To Landlord Termination For Failure Of Landlord To Maintain Premises As Required By Florida Statute 83.51(1) Or Material Provisions Of The Rental Agreement Because of Corinthian's default, Corinthian is deemed to have admitted the well- Our. - Indicates that the defendant is not in the military. Eviction (Form 78) and/or a Motion for Default Final judgment - Damages (Residential Eviction) (Form 79) with an Affidavit of Damages (Form 80). Motion to Recall Capias Set Aside Forfeiture and Reinstate Bond (Non-Procedural or Non-Due Process Grounds) Order Recalling Capias, Setting Aside Bond Forfeiture and Reinstating Bond (Non-Procedural or Non-Due Process Grounds) Motion to Discharge Order of Forfeiture Before Judgment 903.26 (5) (a) or (b) (For A Term Not To Exceed One Year), Form 1: Notice From Landlord To Tenant Termination For Failure To Pay Rent 0 Category: Florida Family Law - Divorce - Default State: Florida Control #: FL-12922-C Instant Download Buy now Available formats: Word | Rich Text | Adobe PDF Free Preview Description Related Forms P|kl{)u_$LrN2g6 A "(sv*]|-9&5uk)+Xwe2q%.grOk=NB1gj{zc#"=4. A default judgment awards the plaintiff reasonable damages requested in the complaint. United States INTRODUCTION Defendant's Motion to Vacate the Default Judgment must be denied on the grounds that Joseph was properly served in this matter with the Amended Complaint stating a cause of action for defamation and the Default Final Judgment did not misapply Florida law. $L} ) [Content_Types].xml ( j0EJ(eh Add a signature block. No response to said letter has been received by the United States. To get a new court date: You must have a good reason for missing your court date, like a serious emergency, or that you were never given the court forms . 7. ("Palm Partner") Motion for Final Default Judgment (DE 11). Many courts will want you to include a proposed entry of default for the clerk of court to sign. 8. We, Richard E. Reed, Stephen C. Gordon, and Jeffrey L. Berhold, do hereby certify that the statements and allegations set forth in the foregoing Motion and the accompanying Memorandum are true and accurate to the best of our knowledge and belief. Form: 03 -Model Motion for Default Judgment and Proposed Order.pdf. A copy of said letter is attached hereto as Exhibit 3 and is incorporated herein by reference. There being no objection to the entry of Judgment, the Court finds good cause to grant the motion. incurred after judgment at the statutory judgment rate from the date of the judgment. A default occurs in litigation when a party fails either to respond to a lawsuit, and less often can be entered against a party who fails to comply with a court order. Beneath the signature line, add your name and contact information, including your telephone number. All states have deadlines by which a defendant must respond after a civil lawsuit is filed and served on him. 2255 (h) (link is external) Medcom USA, Inc. v. Ryder Homes & Groves Co., 847 So. In Florida, a default admits all of the well plead allegations of the complaint (or statement of claim in small claims). (.3]:hm{{'&BE[40Z?M]A=. Presumably, should the Defendant not have answered the complaint, the Clerk will then enter the Default. DEFENDANT/COUNTERCLAIMANT'S MOTION FOR FINAL DEFAULT JUDGMENT . Secure .gov websites use HTTPS An entry of default can come in two forms, an entry by the clerk or an entry by the judge. This Court has subject matter jurisdiction and jurisdiction over the parties. Category: Recommended Forms. 23 0 obj <>/Filter/FlateDecode/ID[<5526B760C6DEBF8C69074F56A3E9C5DD>]/Index[17 13]/Info 16 0 R/Length 52/Prev 14225/Root 18 0 R/Size 30/Type/XRef/W[1 2 1]>>stream Form 79: Motion For Default Final Judgment Damages (Residential Eviction) PERMANENT INJUNCTIONS IT IS FURTHER ORDERED AND ADJUDGEDthat . N _rels/.rels ( j0@QN/c[ILj]aGzsFu]U ^[x 1xpf#I)Y*Di")c$qU~31jH[{=E~ Tags: Final Judgment After Default (General), 1.988 (a), Florida Statewide, Civil On January 30, 1996, the United States filed in the United States District Court, Southern District of Florida, Fort Lauderdale Division, a Complaint alleging certain anticompetitive practices by defendant in violation of Section 1 of the Sherman Act, 15 U.S.C. A copy of said Complaint is attached hereto as Exhibit 1 and is incorporated herein by reference. Family Law Form 1.988 Judgment After Default SAVE TO PDFPRINT (a) General Form. Home; Forms; All Forms; Model Motion for Default Judgment and Proposed Order . 601 Brickell Key Drive; Suite 507 : 17-80577-CIV-MARRA PALM PARTNERS, LLC, a Florida limited liability company, Plaintiff, v. NETNAMES A/S f/k/a SPEEDNAMES A/S, . %PDF-1.6 % The trial court denied the motion because the defendants had not requested fees in their pleadings, and because there had been no acquiescence during the pre-trial stage of the case. Revision Date: Tuesday, April 19, 2016. Residential Lease for Single Family Home or Duplex 8q9jE4aAN5&TF&V}#+E%~Gd`znnRnR4) @jCZJ yQ'b8PPR 3G,k@'5so.7?+![]RQM|K"&FF ^l]S)_ae$#&1d=^bd`}!8%Ygm)Ni:,9;^gh'yJiH-<=k5-{PgE@ V`D&;\y\l\ JO)%/T^RxmlGw [qE/$Q#BrAe%Nz[)@_m~m88!'')*6^jeS`h#l/FeF"qeR {<927[>|D3sv[;1Bh4r$M@Z5 ~EM=bJIL)iIy8Pjxf|40pd &S 8PN@349~RNCkELH^2SlHDBD@%G\x 955} TQC^uqWZmNXGpv *mM+x Trustee's Final Report; Search this site . [6] Additionally, plaintiff is not . with Document Number L13000174088, that listed its principal place of business with the Florida Secretary of State as 975 N. MIAMI BEACH BLVD., #234, N. MIAMI BEACH, FL 33162. Defendant has failed to plead or otherwise defend this action, and the United States is entitled to judgment by default against defendant. endstream endobj 21 0 obj <>stream Submit a copy of the judgment for each of the plaintiff (s) and each of the defendant (s) and addressed, stamped envelopes for each of the plaintiff (s) and each of the defendant (s). Accordingly, IT IS HEREBY ORDERED that hSmo0+qwBJh*-YT:) `d\-POe|wsw>P$>#`=bnnH^T!D:4%wWs_a/V\uc{BWsLy 8Gfhi-0R'F9)z5Q] #|1(V8NfUh1%::4m})VQh%q\|_lKFKS]NV4.4#ZwF%/bunD.|Py]h^gZJ*we\(,)x6u{cy&0rAe"[kFff%?9-D|qf]lg 0 Chapter 11; hbbd``b`$g@EH q2 qb``Mg ^4 This form is the general form for a judgment after default, not including recovery for prejudgment interest and attorneys' fees: FINAL JUDGMENT This action was heard after entry of default against defendant and Form 5a: Complaint For Landlord To Evict Tenants For Failure To Pay Rent And To Recover Past Due Rent, Form 6: Complaint For Landlord To Evict Tenants For Failure To Comply With Rental Agreement (Other Than Failure To Pay Rent) In Florida, final judgments are entered against the losing party (judgment debtor) in favor of the prevailing party (judgment creditor). Rule 1.500 - DEFAULTS AND FINAL JUDGMENTS THEREON, Rule 1.491 - GENERAL MAGISTRATES FOR RESIDENTIAL MORTGAGE FORECLOSURE MATTERS. (Name of Clerk) As Clerk of the Court By____________________ As Deputy Clerk After the Clerk enters a default, at least normally in Florida, the Court then must enter a Default Judgment. Default "failure to discharge a duty. 5 DONALD M. MIDDLEBROOKS UNITED ST A TES DISTRICT JUDGE . At the hearing, Falcones's counsel, 12 th Judicial Circuit and/or Supreme Court Approved Forms. ORDER GRANTING MOTION FOR DEFAULT JUDGMENT Upon the United States' motion for entry of default judgment and for injunctive . 12 th Judicial Circuit Approved Parenting Plans. US Legal Forms Florida Motion to Set Aside Default or Default Judgment Motion To Set Aside Default Florida Sample The Forms Professionals Trust! Make your practice more effective and efficient with Casetexts legal research suite. Form 2: Notice From Landlord To Tenant Notice Of Noncompliance For Matters Other Than Failure To Pay Rent The trial court held a non- evidentiary hearing after which it issued the June 4, 2020 order vacating the default final judgment. Form 4: Notice From Tenant To Landlord Withholding Rent For Failure Of Landlord To Maintain Premises As Required By Florida Statute 83.51(1) Or Material Provisions Of The Rental Agreement All rights reserved. (Other than a Duplex) Including a Mobile Home, Condominium, or Cooperative (For A Term Not To Exceed One Year) Dated on _____________, 2012. WHEREFORE, Plaintiff respectfully requests the execution of the attached Order entering judgment in accord with the above in the total sum of $49,685.00, plus future interest. Form 5: Complaint For Landlord To Evict Tenants 4. Statistics show that more than, In Florida, as of April 5th, there are 13,000 confirmed cases of COVID-19, and deaths have doubled every three days over the past month. Final Judgment (Court Disposition Form - Small Claims - 619 08-06-2015.pdf - 2.7 MBs) How Judgments Are Collected (How Judgments Are Collected - 504.pdf - 489.0 KBs) Motion (Motion - General - 1342.pdf - 3.2 MBs) Non-Attorney Designation of Email Address Law Form 1350 - 20150730 (Law 1350 Non-Attorney Designation of Email Address.pdf - 2.2 MBs) 0 `C The Plaintiff loaned the Defendant $45,000.00 and has not been repaid. Choose Civil Under Other Filings, Choose Other Documents and select Application for Clerks Default Enter/verify the case number endstream endobj 1032 0 obj <>stream 37 Where Form 9: Final Judgment - Damages Form 11: Writ Of Possession Form 12: Notice Of Intention To Impose Claim On Security Deposit Form 13: Satisfaction Of Judgment - County Court Form 14: Satisfaction Of Judgment - Circuit Court Form 66: Final Judgment - Eviction Form 76: Motion For Clerk's Default - Residential Eviction SOURCE: Sections 55.081 and 55.10, Florida Statutes (2007) Application for Leave to File a Second or Successive Motion to Vacate, Set Aside, or Correct Sentence (28 U.S.C. If you weren't properly served the Plaintiff's Claim, you have more time to ask to vacate the judgment. 262 0 obj <>stream 7. *8iw$'.M13p6:YB >KJ+;wB;@dpRSRpcs/tb+6>A!J~oImc1VR RzuO\(or8`{C2_.r!!ez+7iFMem\!Ip>NiL+?Y XwBDh'v" .sDXb?;A On February 13, 1996, a copy of said Complaint and a Summons in a Civil Action were served by the United States Marshals Service upon James R. Estabrook, Executive Director of defendant, at Mr. Estabrook's place of business located at 59 Washington Street, Somerville, Massachusetts. It is always best to consult an attorney about your legal rights and responsibilities in your particular case. 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 Often, these ladders are supplied by employers or homeowners in a faulty condition. In such cases, the, FLSA (Fair Labor Standard Act) offer collective action lawsuits against employers that violated the minimum wage and overtime wage standard. 2. In Florida, the failure to respond to a lawsuit within a specified time period, sometimes as little as 20 days, can result in a Default being entered against you. This a result of the person suing you in small claims court and you failed to appear at the hearing. Pursuant to the provisions of Rule 55(b)(2), Federal Rules of Civil Procedure, this Court is empowered to enter a default judgment against the defendant for relief sought by plaintiff in its complaint, and written notice of this action has been given to defendant as set forth in the attached affidavit. Lawsuit Forms Summons Complaint Answer a Lawsuit Motion to Dismiss Admissions Interrogatories Production Motion to Compel Entry of Default ORDER GRANTING MOTION FOR DEFAULT JUDGMENT BEFORE THE COURT is Plaintiff's Motion for Default Judgment, ECF No. These landlord-tenant forms have been approved by the Florida Supreme Court. The last date that Plaintiff provided the Defendant with these funds was in 2010. Form Name. z, /|f\Z?6!Y_o]A PK ! Form 66: Final Judgment Eviction As the decision explains: "'Florida Rule of Civil Procedure 1.440 (c) requires a hearing on claims for unliquidated damages, even if a party has been defaulted.'. I. Definitions. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. DUVAL COUNTY, FLORIDA JOHN PARSONS, Plaintiff, vs. CITY OF JACKSONVILLE, FLORIDA, a municipal corporation and political subdivision of the State of Florida, Defendant. Form 76: Motion For Clerks Default Residential Eviction Official websites use .gov She can have the Clerk of Courts help her out with the setting of the date. Final judgments after default may be entered by the court at any time, but no judgment may be entered against an infant or incompetent person unless represented in the action by a general guardian, committee, conservator, or other representative who has appeared in it or unless the court has made an order under rule 1.210 (b) providing that no The Difference Between Workers Compensation and Disability Benefits with Associated Work Related COVID-19 Illnesses. )Z)#S0elL!25Sf`XTb;; + Dc{GCx,GG^x^~4vud-[4Ck]JOZcSbl w(2,s!\ ;#/8K5Lkr|x,&VVf9e2$a0 ->F'!eMRXB f8*K dyV>VTtrmHZx*>}W*y /R^'5oPAU;w07PK*'iFhdu:WUTdipH';>N(;Z>7GA,vRbV"[4 Fw6no2"h9 3s. 17 0 obj <> endobj The court will exercise its discretion upon hearing a Rule 1.540 (b) motion to vacate default or a motion to set aside default judgment based upon a three-prong test analysis. I certify that a copy of the foregoing was mailed to the person listed below on {date} _____: Other party OR his/her attorney: Name: _____ ?Fj[=FmxXjh4`cGfF%PM\81Y%j)(4L949 E!SQtm}\E)3EW/ >q9d?,H3HJ#:Nhd.10x8X)SUpJ:/`&"qf2l _ 9b Form 78: Motion For Default Final Judgment (Residential Eviction) We recently were asked a question regarding a motion for default judgmentin Miami, Florida courts. The Motion for Default would contain a heading entitled Plaintiffs Motion for Clerk to Enter Default and would detail that the she filed suit against the defending party, that they failed to respond to the complaint, that it has been over twenty days since the complaint was filed. Form 13: Satisfaction Of Judgment County Court Ask for a new court date within 30 days from when the judge's decision was mailed to you. Motion for Determination of Amount of Reasonable Attorney's fees and taxable costs, and this Court having considered argument of counsel for the parties, regarding inter alia, services performed, time and expertise required, the nature of the suit, the amount in controversy, and the results obtained, and having examined time records of The United States filed a Complaint against the defendant on January 30, 1996 in the United States District Court for the Southern District of Florida, Fort Lauderdale Division. The former wife appealed, and although the appellate court upheld the trial court's decision to deny her motion to vacate the final judgment as to equitable distribution, the court felt compelled to reverse as to the issue of the parenting plan. newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial or rehearing. Our Gainesville lawyers are some of the premier lawyers dealing with employment law, personal injury lawsuits and wage and hour cases, in Gainesville and throughout Florida. 2. endstream endobj 1033 0 obj <>stream 22 0 obj <>/Filter/FlateDecode/ID[<549CACE77A554F4F993641966D3CD477>]/Index[17 11]/Info 16 0 R/Length 48/Prev 13162/Root 18 0 R/Size 28/Type/XRef/W[1 2 1]>>stream _______________________________ RICHARD E. REED, _______________________________ STEPHEN C. GORDON, _______________________________ JEFFREY L. BERHOLD, Attorneys Antitrust Division U.S. Department of Justice Suite 1176 75 Spring Street, S.W. 246 0 obj <> endobj 3:08-cv-00136-RV-EMT) PINNACLE QUEST INTERNATIONAL et al., )) Defendants. ) hb```lf5af`ah``khdEtP 5204'i6 fdu@BBm@h7fd`> s kUK %%EOF h47V0Pw/+QL)64 Form 77: Motion For Clerks Default Damages (Residential Eviction) endstream endobj 18 0 obj <> endobj 19 0 obj <> endobj 20 0 obj <>stream hb```f``g`d`.da@ &GQ6`q%,TegDa >#@ 8 STEP ONE: FILE AN APPLICATION FOR ENTRY OF DEFAULT BY THE CLERK PURSUANT TO RULE 55 (a). A defendant that received a default judgment for his/her failure to respond to the complaint may file a Motion to Vacate a Default Judgment if he or she meets the following three-pronged test: (1) whether the defendant has demonstrated excusable neglect in failing to respond; (2) whether the defendant has demonstrated a meritorious defense; and. %%EOF Alarmingly, this can lead to a situation where a judgment is entered . f?3-]T2j),l0/%b R. Civ. A .gov website belongs to an official government organization in the United States. Petitioner/Respondent prior to the filing of the above Motion for Default. Form 80: Affidavit Of Damages This period may be anywhere from 20 days to a month or even longer -- it varies by state. The Plaintiff loaned the Defendant $45,000.00 and has not been repaid. Jacksonville Area Legal Aid has created a. 254 0 obj <>/Filter/FlateDecode/ID[<6278CB5442FA0F43A9528833CC4DFD71><0E7791812CB0BE40AAF96CBC57F1B968>]/Index[246 17]/Info 245 0 R/Length 59/Prev 41717/Root 247 0 R/Size 263/Type/XRef/W[1 2 1]>>stream FLSA Class Actions For Unpaid Wages And Overtime, Are They Worth It? Debt collection laws allow a creditor in Florida to begin the collection process once a final judgment is entered. To vacate a . Obtaining a Default Judgment under Federal Rule of Civil Procedure 55 is a two-step process. A clerk's entry of default may occur if the opposing party "has failed to file or serve any paper in the action.". in the context of judicial proceedings: failure of one of the parties to take procedural steps to prevent entry of a judgment against him (called a default judgment)." Default Judgment "1. a judgment against defendant who has failed to respond to plaintiff's action or to appear at the trial or hearing." "2. judgment given without the . Fax: +1 (866) 281-2589 WHEREFORE, the undersigned moves this Court for the entry of a Default. 4 . Plaintiff moves for a default judgment based on the following: 1. endstream endobj startxref 3. [6] The movant must demonstrate: (1) excusable neglect in failing to timely respond to the allegations of the complaint, (2) due diligence in seeking relief from a . That means that if you fail to respond, the allegations in the Complaint (the lawsuit) may be taken as true. 26, on the grounds that Defendant has failed to appear or defend the Complaint of Plaintiff. Share sensitive information only on official, secure websites. In such a case, a motion may be filed seeking to have the judgment set aside for want of personal jurisdiction. entered, Falcones filed his second motion to vacate the default final judgment pursuant to Florida Rule of Civil Procedure 1.540(b), together with his answer to the complaint. hSJ1yIZB So, under this rule, the individual who called (the petitioner) can file a Motion for Default Judgment with the Court Clerk after a period of twenty days from the date of filing. Application for Leave to File a Second or Successive Habeas Corpus Petition (28 U.S.C. The default judgment means that the party who complied with the terms of the lawsuit, including appearing at court as scheduled, wins the case. P. 55(a) on October 14, 2015. OF LEGAL AFFAIRS, . Default entered and the Motion for Default Final Judgment forwarded to the judge for review . A money judgment in an action that is primarily equitable (i.e. Subdivision (c) is amended to change the method by which the clerk handles papers filed after a default is entered. 9. hTA0 n69APQCyGA3 m[L..a]|lbDeu:CW.M|Uet5@*X>yD&ap[LL`_Y, $~. 1, as provided in the proposed Final Judgment filed contemporaneously with this Motion. 0 Following some Pro Se procedural 36 Rule 1.090 (b) also permits the party seeking fees to move for an enlargement of time to file the proper motion upon a showing of excusable neglect after the deadline has passed. August 16th 2005 final judgment as an after thought. However, the body of the motion is relatively straightforward: MOTION FOR DEFAULT Plaintiff, by and through his undersigned counsel, moves for entry of a default by the Clerk of the Court against Defendant, TOPLINE INDUSTRIES, LLC d/b/a TOPLINE ENTERPRISES for its failure to serve any paper on the undersigned or file any paper in this action within the time period provided by law. The defendant then has a specified time period to refute the judgment, pay on the judgment, or risk contempt of court. Our goal is to help people in the best way possible. You should find a lawyer to help you before filing such a motion. An official website of the United States government. 1984 Amendment. ' [A] defaulted defendant has the right to contest the amount of unliquidated damages . The forms provide a certificate of service to . 3. Florida Debt Collection Laws Watch on Table of Contents How Debt Collection Works in Florida endstream endobj 247 0 obj <. However, because the law is continually changing, there is no guarantee that these forms comport with current law. DONE AND ORDERED in Chambers at West Pal July, 2017. ORDERED AND ADJUDGED that Plaintiff's Motion for Default Judgment (DE 22) is GRANTED. For additional information, refer to Chapter 83 of the Florida Statutes. If the court rules that the landlord is entitled to evict the tenant and/or recover damages for unpaid rent, the court will sign a judgment in the landlord's favor. Form 81: Nonmilitary Affidavit, To inculcate in its members the principles of duty and service to the public, to improve the administration of justice, and to advance the science of jurisprudence. Telephone: +1 (786) 309-8588 MOTION FOR DEFAULT JUDGMENT The Clerk has entered a default on February 5, 2014, against Defendant Angela Marino. For example, Randolph is suing Sam for hitting his car in a parking lot. Case 9:17-cv-80425-DMM Document 24 Entered on FLSD Docket 07/20/2017 Page 5 of 5 endstream endobj 1034 0 obj <>stream 10. It requests that the judge handling the case award a default judgment in favor of the plaintiff. IV-D Child Support Forms. 3d 485, at 488-89.) 1. Atlanta, Georgia 30303 (404) 331-7100 FAX: (404) 331-7110, This document is available in two formats: this web page (for browsing content) and. 29 0 obj <>stream You will then need to file your motion for default along with the Default, Florida Supreme Court Approved Family Law Form 12.922(b), so that the clerk can enter a default for you if your motion is proper. 2. Loading PDF. hZ[oc5+~+@E. c4H_Ems,:H-U{O/I$Z!o} PK ! foreclosure action with count for breach of note) should clearly state that it is a money judgment. MOTION FOR DEFAULT. Prepare a Final Judgment for Past Due Rent Count II (form COCV 1271 ), stating the amount of rent owed, plus costs not awarded in the Judgment for Possession. WHEREFORE, plaintiff prays that this Court enter a judgment of default against defendant, and that defendant be enjoined and restrained from violating Section 1 of the Sherman Act, 15 U.S.C. This is what generally allows a party to recover what they asked for when a party defaults. The Court has reviewed the Motion and the entire file in this case and is otherwise duly advised in the premises . The motion shall be filed within a reasonable time, and for reasons (1), (2), and (3) not more than 1 year after the judgment, decree, order, or proceeding was entered or taken. Florida Non-Competition/Restraint of Trade or Commerce Statute, 855 East University Ave.; Gainesville FL 32601, CORONAVIRUS AID, RELIEF AND ECONOMIC SECURITY for FLORIDA. 17 0 obj <> endobj A default judgment means that the court has decided that you owe money. OFFICE OF THE ATTORNEY GENERAL, STATE OF FLORIDA, DEPARTMENT . Gullatt, Stone Financial, and their agents, servants, employees, attorneys, and all persons in active concert or participation with them who receive actual notice of this Final Judgment by personal A motion under this subdivision does not affect the finality of a judgment, decree, or order or suspend its operation. 5. hbbd``b`J@ 5@C!#,#:q 6. A copy of the Process Receipt and Return and Summons is attached hereto as Exhibit 2 and is incorporated herein by reference. The appellate court held: "[I]t is well-settled in Florida that where, as here, a divorcing . Plaintiff's Motion for Entry of Final Judgment against Defendant DYC is GRANTED. Pro Se Family Form Packets. The clerk of court is easily confused when it sees a money judgment (not titled a deficiency judgment) in a foreclosure action. 55 . hbbd``b`J @ $ n This is our approach to every case. Default Judgment is entered against the Defendants as follows: I. fraud, misrepresentation, or other . If you have any questions regarding Family Law matters in Florida, please do not hesitate to contact us. Form 9: Final Judgment Damages Form Number. THIS CAUSE comes before the Court upon Plaintiff's Motion for Default Final Judgment as to Defendants Maxx J. Socher, Moving Services Accounting and Storage Inc., and Dr. Schlepper Inc. [ECF No.

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