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VALENTIN SPATARU vs HARMONY … - SCOTUS 03/18/19, page 1

PETITION FOR A WRIT OF CERTIORARI

Petitioner respectfully petitions this Court for a writ of certiorari to review the judgment below.

OPINIONS BELOW

The Florida Supreme Court (FSC) issued its one-page order denying review on December 20, 2018. A

copy is attached at Appendix A.

The 3rd District Court of Appeal of Florida (3DCA) affirmed on November 7, 2018, without opinion,

the dismissal of my claim; it is published also at https://scholar.google.com/scholar_case?

case=9432081961222769159&q=HARMONY+HEALING&hl=en&as_sdt=4,10 -SPATARU v.

HARMONY HEALING CENTER, No. 3D18-30 (Fla. Dist. Ct. App. Nov. 7, 2018). A copy is attached

at Appendix C. Appendix B shows the 3DCA's one-page order denying rehearing and written opinion; I

believe that this 3DCA’s order is unpublished.

The Circuit Court of Monroe County (CC)'s Judge Koenig ordered the dismissal of Notice of Appeal,

thus of my claim, which was filed on March 28, 2017. He should have offered me to correct the issues

with my Notice of Appeal. I appealed to 3DCA (late because the CC sent the dismissal letter to my old

address even though CC new my new address). A copy of the dismissal is attached at Appendix D. I

believe that the CC’s dismissal is unpublished. It is also at https://www.monroe-clerk.com/.

The Small Claims Court of Monroe County (SCC)'s Judge Ptomey dismissed my claim due to lack of

proper cause of action and of jurisdiction regarding malpractice, thus, I continued in the CC by

appealing pro se, as I could not hire an attorney. Appendix E.


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JURISDICTION

This petition is timely filed. The Florida Supreme Court, the highest state court, issued its one-page

order denying review on December 20, 2018. A copy is attached at Appendix A.

The jurisdiction of this Court is invoked under 28 U.S.C. § 1257(a). My questions and case are of

national importance too, as I showed on page i.

CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED

U.S. Const. Amend. XIV, sec. 1: All persons born or naturalized in the United States and subject to the

jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall

make or enforce any law which shall abridge the privileges or immunities of citizens of the United

States; nor shall any State deprive any person of life, liberty, or property, without due process of law;

nor deny to any person within its jurisdiction the equal protection of the laws.

U.S. Const. Amend. IV: It guarantees “The right of the people to be secure in their persons”.

U.S. Const. Amend. V: It guarantees the right to due process.

U.S. Const. Amend. VIII: Prohibits cruel and unusual punishment.

U.S. Const. Amend. IX: Protects rights not enumerated in the Constitution.

U.S. Const. Amend. I: It guarantees the freedom of speech, the right to petition the government.

42 U.S.C. § 1983 - Reconstruction Civil Rights Act: “Every person who, under color of any statute,

ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects,

or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof

to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be
VALENTIN SPATARU vs HARMONY … - SCOTUS 03/18/19, page 3

liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.”

34 U.S.C. § 12601 - Misconduct of law enforcement (CIVIL ENFORCEMENT)

18 U.S.C. §§ 241, 242 - Misconduct of law enforcement (CRIMINAL ENFORCEMENT)– It is a

crime for one or more persons acting under color of law willfully to deprive or conspire to deprive

another person of any right protected by the Constitution or laws of the United States.

42 U.S.C. § 2000d, et seq. - Prohibition Against Discrimination - on ground of race, color, or

national origin - Title VI of the Civil Rights Act of 1964

34 U.S.C. § 10228 - Prohibition Against Discrimination - on ground of race, color, sex, or national

origin - The Office of Justice (OJP) Program Statute

42 U.S.C. § 12131, et seq. - Prohibition Against Discrimination, Title II of the Americans with

Disabilities Act, The Public Health and Welfare Title

29 U.S.C. § 794 - Nondiscrimination under Federal grants and programs

34 C.F.R. Part 104.4 - Section 504 of the Rehabilitation Act of 1973: It prohibits discrimination

against people with disabilities in programs that receive federal financial assistance.

The United Nations' Universal Declaration of Human Rights forms part of customary international

law, thus applies in my case, as I am citizen of Romania, UE, too, beside the USA - and includes:

Article 1. […] act towards one another in a spirit of brotherhood.

Article 3. Everyone has the right to life, liberty and security of person.

Article 5. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or

punishment.

Article 8. […] the right to an effective remedy by the competent national tribunals

Article 10. […] independent and impartial tribunal


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Fla. Stat. 460.413 CHIROPRACTIC MEDICINE - Grounds for disciplinary action; action by

board or department.

Fla. Stat. 766 MEDICAL MALPRACTICE AND RELATED MATTERS

Fla. Stat. 456 HEALTH PROFESSIONS AND OCCUPATIONS: GENERAL PROVISIONS

456.072 - Grounds for discipline; penalties; enforcement

456.0575 Duty to notify patients. Upon request by a patient, before providing nonemergency

medical services in a facility licensed under chapter 395, a health care practitioner shall provide, in

writing or by electronic means, a good faith estimate of reasonably anticipated charges to treat the

patient’s condition at the facility. The health care practitioner shall provide the estimate to the patient

within 7 business days after receiving the request and is not required to adjust the estimate for any

potential insurance coverage. The health care practitioner shall inform the patient that the patient may

contact his or her health insurer or health maintenance organization for additional information

concerning cost-sharing responsibilities. The health care practitioner shall provide information to

uninsured patients and insured patients for whom the practitioner is not a network provider or preferred

provider which discloses the practitioner’s financial assistance policy, including the application

process, payment plans, discounts, or other available assistance, and the practitioner’s charity care

policy and collection procedures. Such estimate does not preclude the actual charges from exceeding

the estimate. Failure to provide the estimate in accordance with this subsection, without good cause,

shall result in disciplinary action against the health care practitioner and a daily fine of $500 until the

estimate is provided to the patient. The total fine may not exceed $5,000 [which is too low for today's

cost of health care!].


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INTRODUCTION

Petitioner will be referred to as ”Petitioner”, or ”I” as I, the Petitioner myself, will have written this.

Respondent, Appellee or Defendant below, and its lawyers or attorneys will be referred to as

”HHC” or “Harm.”. Other terms will be defined as they appear.

I, the Petitioner, brought an action for damages in the Small Claims County Court of the 16th Judicial

Circuit, in and for Monroe County, (SCC) alleging that the Respondent was negligent or malicious or

abusive or corrupt. SCC's Judge Ptomey dismissed my claim due to no properly written cause of action

and to lack of jurisdiction regarding malpractice, thus, I appealed to continue in the CC which had

jurisdiction regarding malpractice. CC's Judge Koenig dismissed my claim due to failure to comply

initially with what must be written in the Motions, which I appealed to 3DCA. 3DCA dismissed on

February 12, 2018, my appeal as untimely filed but, after my motion for rehearing, on March 16, 2018,

3DCA vacated its order and heard my case. However, on November 7, 2018, 3DCA affirmed the CC's

dismissal even though it was in conflict with the decisions of this Court in Hazel-Atlas Glass Co. v.

Hartford-Empire Co., 322 U. S. 238, 248, which stated that courts must exercise their equity powers in

order to “relieve hardships … aris[ing] from a hard and fast adherence” to more absolute legal rules.

“Mere neglect or inadvertence in complying […] is rarely enough to justify dismissal.” See

Commonwealth Fed. Sav. and Loan Ass'n v. Tubero, 569 So. 2d 1271, 1273 (Fla. 1990). Moreover, “an

"informal brief" filed after a defective notice of appeal counted as a valid notice of appeal. Smith v.

Barry, 502 U.S. 244, 248.” Gonzalez v. Thaler, 132 S. Ct. 641. I appealed to FSC but FSC denied

review.
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Respectfully, I ask the Court to accept my motions, forms, pleadings, and other communications as

they are or assist me in correcting them. Indeed, due to the mental injuries that in part, ~10%, the

Respondent caused or aggravated, such as depression, anxiety, headaches, memory problems, lack of

brain energy, concentration and attention, and other undiscovered yet issues, I am not able anymore to

read and memorize all the rules of procedures promptly and completely. Furthermore, I have no money

to hire lawyers for my case because my injuries stop me from keeping a job that would provide income

for me to pay the lawyers' fees. In addition, I can not find an attorney to help me with this case on a

contingency basis due to the many work-hours needed compared to the low income potential for an

attorney. Consequently, for proper justice and civilization and for the progress of our states and

country, and even other countries, urgently, please create a new Public Office with a name such

as “Public Civil Attorney Assistance for Mentally Injured Persons”, that must offer - free or for

credit or loan given from the public budget - professional, independent legal help in civil cases to

victims like me and others who became brain-impaired and do not have anymore the necessary

mental capacities promptly and completely to study, understand and memorize the Laws and

Courts' Procedures to represent themselves to prove their complaints.

Please allow me to file all my future documents by using the Court's electronic system to save valuable

resources by not printing and mailing.

STATEMENT OF THE CASE

1. At all times material hereto, Harm., Respondent, Defendant below, was owned by Lindsey Levy, was

a provider of chiropractic health care in Key Largo, FL, USA, was licensed to do business in the State

of Florida, has employed licensed chiropractic physicians, and is liable for the acts and
VALENTIN SPATARU vs HARMONY … - SCOTUS 03/18/19, page 7

omissions of its officers, agents, servants and employees committed while in the course and scope of

their employment with Harm., and existed under the laws of the State of Florida and of the USA.

2. At all times material hereto, Respondent Levy was a chiropractic physician, duly licensed to practice

her profession as provided by the laws of the State of Florida, and held herself out to the public, and to

Petitioner as being an expert in providing chiropractic care and treatment, and was engaged in the

practice of her profession in Monroe County, Florida, and was an officer and/or agent, and/or employee

of Respondent Harm., and was acting in the course and scope of her agency and/or employment, so that

Respondent Harm., is vicariously liable for her active negligence or malevolence or corruption in the

care and treatment of Petitioner SPATARU, as further alleged herein.

3. From 07/03/2013 to 01/23/2014, Petitioner was a patient of Harm. and was lawfully treated at the

Harm clinic's location.

4. At all times material, Harm. owed Petitioner a duty to exercise reasonable care in diagnosis, medical

care, consultations, advice and treatment of Mr. Spataru, and failed to exercise that standard of care

commensurate with chiropractic physicians in this community.

5. From around 07/03/2013 to 01/23/2014, Harm. breached its duty of care when Petitioner was applied

excessive force during treatments of his previous injuries. Harm. was negligent and careless or

malevolent or corrupt. Harm. knew, or in the exercise of reasonable care should have known, that

the Petitioner was not able to sustain excessive force during treatments.

6. As a direct and proximate result of Harm.’s negligence or malevolence or corruption of the duty of

care owed to the Petitioner as aforesaid, the Petitioner suffered severe permanent physical and

emotional injuries, sustaining fractures of multiple cartilages, sprains of multiple joints and muscles,

recurring headaches, the loss of the full function of his right arm and shoulder, left hip, upper back.

As a result of his injuries, Petitioner endured having periodic treatments; he experienced pain and

suffering therefrom; suffered physical handicap, disability, mental anguish, loss of past earnings, loss of
VALENTIN SPATARU vs HARMONY … - SCOTUS 03/18/19, page 8

earnings and earning capacity in the future, aggravation of preexisting injuries and conditions,

inconvenience, loss of capacity to enjoy life; and all of the elements of damages allowed under Florida

law. All of these injuries are permanent and continuing in nature. As a result of the injuries, Petitioner

has endured having treatments for his injured areas for which he continues to suffer; has incurred

medical expenses in the past and will continue to incur such expenses in the future. Please order all

healthcare providers, including Levy, owner of Harm., and her current or former employees who

injured me, to have annual psychiatric evaluation to avoid any future harm to patients. In addition,

please request all to install video cameras in all rooms to film all treatments to prove any wrongdoing.

7. Harm. worsened old or caused new Petitioner's

-upper back issues, when Lindsay Levy (L.), licensed chiropractor, pushed too forcefully and too fast

my upper vertebral joints of my spinal column thus she caused permanent damage of the cartilages,

ligaments and tendons, which manifests as alarming pain inside an upper vertebral joint after carrying a

regular laptop backpack for only 20' on my back; when a licensed Massage Therapist, whose name I do

not remember, pulled my shoulders' bones in my back (scapulae) too forcefully and too long thus she

caused permanent damage of the ligaments and tendons, which manifests as pain and cramps in the

area of the scapulae when I sleep on a standard mattress;

-right elbow issues, when Lindsay Levy, licensed chiropractor, during the treatment of the annoying

inflating sensation in my right elbow, pushed too forcefully and too fast my right elbow joint thus she

fractured the cartilage and elongated ligaments and tendons, injuries which manifest as scary pain

inside the joint during even only one push-up; when Sharon V. Gerstmann, licensed Massage Therapist

since 2006, pressed too forcefully on the tissues below my right elbow thus she caused permanent

damage of the ligaments and tendons, which manifests as scary pain after carrying a regular laptop

backpack by hand for one minute, during push-ups or other activities;

-right shoulder issues, when Lindsay Levy, licensed chiropractor, during the treatment of the annoying
VALENTIN SPATARU vs HARMONY … - SCOTUS 03/18/19, page 9

inflating sensation, pushed too forcefully and too fast my right upper arm toward my shoulder joint

thus she elongated ligaments and tendons, injuries which manifest as scary pain in the shoulder area

during activities;

-left hip issues, when Lindsay Levy, licensed chiropractor, pushed too forcefully and too fast my left

hip joint thus she fractured the cartilage and elongated ligaments and tendons, which manifest as pain

after riding my bicycle for 2 miles at average speed. Truly, after I, shocked by the termination of my

treatment by Dr. Levy even though I was still in pain, requested her to continue treating me, she said

that she would give me one more session. During that last session, while I was lying in complete

relaxation and trust, she pushed too forcefully and intentionally my left leg, which worsened old and

caused new injuries;

-mental health issues: headaches, anxiety, depression, insomnia, anger, distrust.

8. Petitioner still suffers from the injuries. Indeed, unfortunately, due in part, ~10%, to Harm., I

have not been able to maneuver and control a sailboat anymore, which was my main business at the

time of the incidents; I have not been able to keep other physically demanding jobs; I have not been

able to get an office or other job due to my mental issues; thus I have had no proper income for a

normal, decently comfortable life. In addition, the quality of my life has diminished abruptly and

diabolically severely because I have not been able anymore without pain to row even only my small

8.5' tender boat against a current caused by even only 15 mph wind to reach my live-aboard sailboat

where I should get every night in order to sleep, sailboat which is anchored only 100 yards from shore

in the small, 1 mile wide, thus more protected, Tarpon Basin in Key Largo, FL; I have not been able

anymore without pain to climb even only 4' to get on my sailboat from my tender boat, and properly

swim, snorkel, ride a bicycle, do aerobic or weight lifting exercise, dance or backpack. I have to stop

operating and living in a boat. I cannot fulfill any longer my plan to sail to Hawaii, Tahiti, Seychelles,

Madagascar and around the coasts of all the continents.


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9. In consequence, when, because the required effort is too much for my weakened body, I am not

able to row to my anchored boat where I sleep, I have to sleep in overfilled rooms at stressful, noisy

and poorly run and maintained homeless shelters at Miami Rescue Mission (for example, the shower

water is too hot, the restroom has no proper ventilation, there is no refrigerator, there are up to 24

people in one room, which is too much for proper relaxation, meditation, sleep and recovery), Miami

Salvation Army (for example, they use the speakers to make very loud announcements even at 12

midnight, therefore, the sleep is not relaxing; in addition, they gave me a bed on top of another bed

even though I told them it would be painful for me to climb due to my injuries, and I am not allowed to

stay inside between 8:30AM and 5PM), Marathon Independence Cay (for example, the shower water

does not drain properly, the restroom has no proper ventilation, the refrigerator does not have enough

space, there is no locker thus a dishonest roommate stole my phone during one night, I am not allowed

to stay inside between 8:30AM and 6PM, there are up to 6 people in one small room, which is too

much for proper relaxation, meditation, sleep and recovery) or Key West SHAL (for example, years

old, open snack bags were thrown behind the 50 foot long, commune, platform bed; dirty clothes which

smell toxically are allowed inside, I am not allowed to stay inside between 8:30AM and 6PM, and the

shower water is too hot); if the shelters have no bed, I have to sleep in my car which is not healthy and

restful, plus it is dangerous as I received even death threats from an unknown person once. Please

request the CDC and DOH to build enough healthy and safe health recovery houses with maximum two

persons per room, to audit all the health recovery houses/shelters and to install a suggestion box at each

one with the names of the managers and auditors.

10. In addition, Harm. took advantage of my trust, overcharged and received unfairly from GEICO

$3,059.02 without my attorney's or my knowledge; Harm. should pay me $9,000 (=$3,000*3) as

punitive payment for my pain and suffering which she caused me by her abusive and dishonest charges,

for a partial total of $12,059. 18. To stop future abuses, please order all health care providers, including
VALENTIN SPATARU vs HARMONY … - SCOTUS 03/18/19, page 11

Harm., to give the clients a copy of the costs and keep one copy with their signatures for receiving it.

11. Furthermore, L. knew that I would need knee surgery and that the chiropractic and massage

sessions would not heal my knee but she didn't tell me because she wanted to get all the money

available from GEICO. Thus, Harm. must return to me $3,000 and pay me $9,000 (=$3,000*3) as

punitive payment for my pain and suffering which she caused me by her greed, for a partial total of

$12,000. To stop future abuses, please order all chiropractors, including Harm., to post on each door at

and in the clinics posters showing the healing limits of the chiropractic and massage treatments in

comparison with surgery.

12. Moreover, each treatment session included on average only around one minute (too quick) of

chiropractic adjustments then cold pack or heat pack or both, and a 45 minute therapeutic massage.

However, Harm. asked me to sign only once for each visit, and not once for each procedure of the

treatment during a visit. Please order all health care providers to request the patients to sign for each

procedure provided and to write the period of time that each procedure lasted.

13. Harm. is part of local or regional conspiracy which causes accidents and injuries or other abuses

to people so that some service providers such as some attorneys, insurance brokers or agents, doctors

and other health care providers make more money or receive other benefits or kickbacks; and

employees of public institutions are corrupted and used. Indeed, the CC in Mo. Co. had a corrupt

interest and they sent their dismissal order wrongly and abusively to my old, previous address, and their

order was lost. Please request FBI to investigate, prosecute and stop the abusive local or regional

conspiracy.

14. Indeed, Harm. battered me by intentional harmful contact, and I have proved the essential

elements of battery: 1. Harm. intentionally did acts which resulted in harmful contacts with me; 2. I did

not consent to the harmful contacts by Harm.; 3. The harmful contacts by Harm. caused injury,

damage, loss and harm to me.


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15. In addition, Harm. caused me intentional infliction of emotional distress (IIED), and I have

proved the essential elements of IIED: (1) Harm's extreme and outrageous conduct with either the

intention of, or reckless disregard for, causing emotional distress, (2) my having suffered severe or

extreme emotional distress and (3) actual or proximate causation.

16. Monroe County Circuit Court dismissed with prejudice my NOA, thus my claim, for failure to

comply with what must be written in the Motions, thus, affirming the prior and encouraging future

cruel and undue punishment; and even though I wanted and want to correct the issues. For patients to

know the complex rules to sue for malpractice, please require all service providers, including health

care ones, to give all patients a copy of the outline of the procedure to sue for malpractice, ask the

patients to sign for receiving it, and keep their signatures to prove that they have received it. In

addition, please order all Courts to offer professional, independent legal help, free or for credit or loan

given from the public budget, in civil cases to victims like me, who cannot prove their complaints

themselves promptly because they lack the necessary mental skills after an injury. Furthermore, please

assign my case to an independent Health Court in a city where conspirators and abusers can not

manipulate the Court to their advantage; a Court with Judges or Jurors with accredited studies in the

medical sciences and who are up on the latest research. “Health courts are … specialized courts for

handling medical malpractice claims. They are characterized by the use of specially trained

adjudicators, independent expert witnesses …. Successful administrative compensation systems

currently exist in New Zealand and Scandinavia, and limited programs also operate in Florida” -

https://www.wikiwand.com/en/Health_court , 2018.

REASONS FOR ALLOWANCE OF THE WRIT

1. If a Court dismisses a complaint without due process, for failure initially to comply with what must
VALENTIN SPATARU vs HARMONY … - SCOTUS 03/18/19, page 13

be written in the Motions, the Court will affirm the prior and encourage future cruel and undue

punishment. Indeed, many claimants lack the necessary mental skills after an injury promptly and

completely to study, understand and memorize the Laws and Courts' Procedures to prove their

complaints themselves, without assistance from the Legal System, as attorneys will not take many

cases due to their lack of time. The dismissal was in conflict with the decisions of this Court in Hazel-

Atlas Glass Co. v. Hartford-Empire Co., 322 U. S. 238, 248, which stated that courts must exercise

their equity powers in order to “relieve hardships … aris[ing] from a hard and fast adherence” to more

absolute legal rules. “Mere neglect or inadvertence in complying […] is rarely enough to justify

dismissal.” Commonwealth Fed. Sav. and Loan Ass'n v. Tubero, 569 So. 2d 1271, 1273 (Fla. 1990).

Moreover, “an "informal brief" filed after a defective notice of appeal counted as a valid notice of

appeal. Smith v. Barry, 502 U.S. 244, 248.” Gonzalez v. Thaler, 132 S. Ct. 641.

2. If the Legal System does not offer professional, independent legal help, free or for credit or loan

given from the public budget, in civil cases to victims who cannot prove their complaints themselves

promptly because they lack the necessary mental skills after an injury, and when private attorneys will

not take their cases due to lack of available time, then the victims will not be able to prove their claims,

thus will not be compensated, and the perpetrators will not be punished, thus will be encouraged to

cause suffering to more persons, thus to vitiate and impair our communities and even kill. We need to

stop and treat all offenders ASAP to prevent any future harm to anyone else.

CONCLUSION

The petition for a writ of certiorari should be granted.

Respectfully submitted,
VALENTIN SPATARU vs HARMONY … - SCOTUS 03/18/19, page 14

Valentin Spataru

c/o CILK - Center for Independent Living

103400 Overseas Hwy. #243, Key Largo, FL 33037

Mobile cell phone: 305 615 0061,

Email: valentin.spataru.macc.cpa@gmail.com , valespa@outlook.com

APPENDICES

Appendix A - FSC issued its one-page order denying review


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VALENTIN SPATARU vs HARMONY … - SCOTUS 03/18/19, page 16

Appendix B – 3DCA issued its one-page order denying rehearing and written opinion
VALENTIN SPATARU vs HARMONY … - SCOTUS 03/18/19, page 17

Appendix C - 3DCA issued its one-page order affirming the order below
VALENTIN SPATARU vs HARMONY … - SCOTUS 03/18/19, page 18

Appendix D - CC's Judge Koenig dismissed my first claim due to failure to comply

initially with what must be written in the Motions


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Appendix E - SCC's Judge Ptomey dismissed my claim due to lack of jurisdiction

regarding malpractice and no proper cause of action

CERTIFICATE/PROOF OF SERVICE

I HEREBY CERTIFY that, on 03/18/19, a copy of the foregoing Petition for Writ of Certiorari and
VALENTIN SPATARU vs HARMONY … - SCOTUS 03/18/19, page 20

a copy of the Motion for Leave to Proceed In Forma Pauperis (with attached affidavit) in the above-

entitled case, and a copy of this Certificate, were sent via e-mail, as before, to the Attorney for the

defendant, Thomas E. Dukes III, at McEwan, Martinez, Dukes & Hall, P.A.,

108 E. Central Boulevard

Orlando, Florida 32801

Phone: 407-423-8571

Fax: 407-423-8637

to emails nos@mmdorl.com; spettis@mmdorl.com; dmcaplin@mmdorl.com; and to the FSC through

https://www.myflcourtaccess.com/. I further certify that all parties required to be served have been

served.

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