sample motion for default final judgment floridasample motion for default final judgment florida

That means that if you fail to respond, the allegations in the Complaint (the lawsuit) may be taken as true. Residential Lease for Single Family Home or Duplex ORDER GRANTING MOTION FOR DEFAULT JUDGMENT Upon the United States' motion for entry of default judgment and for injunctive . 3d 485, at 488-89.) 246 0 obj <> endobj 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. 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 endstream endobj 1033 0 obj <>stream DONE AND ORDERED in Chambers at West Pal July, 2017. These landlord-tenant forms have been approved by the Florida Supreme Court. Once the judge has signed the Final Judgment, you may then request the Clerk to issue a Writ of 1984 Amendment. %%EOF 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. 10. DUVAL COUNTY, FLORIDA JOHN PARSONS, Plaintiff, vs. CITY OF JACKSONVILLE, FLORIDA, a municipal corporation and political subdivision of the State of Florida, Defendant. Thus, the amount of the judgment should be $49,685.00 ($45,000 + $4,275 + $410). 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. 3:08-cv-00136-RV-EMT) PINNACLE QUEST INTERNATIONAL et al., )) Defendants. ) The Complaint alleges, in two counts, certain anticompetitive practices by defendant in violation of Section 1 of the Sherman Act. 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. The motion must have certain supporting documents: (i) plaintiff's affidavit detailing the complaint's factual allegation (including the calculation of liquidated damages) and authenticating the complaint's exhibits; (ii) a proposed final judgment order; and (iii) notice of hearing on the motion. Default Judgment is entered against the Defendants as follows: I. - Indicates that the defendant is not in the military. A copy of said Complaint is attached hereto as Exhibit 1 and is incorporated herein by reference. Rule 1.500 - DEFAULTS AND FINAL JUDGMENTS THEREON, Rule 1.491 - GENERAL MAGISTRATES FOR RESIDENTIAL MORTGAGE FORECLOSURE MATTERS. ?Fj[=FmxXjh4`cGfF%PM\81Y%j)(4L949 E!SQtm}\E)3EW/ >q9d?,H3HJ#:Nhd.10x8X)SUpJ:/`&"qf2l _ 9b Motion for Default Final Judgment with Damages - This motion is filed following the Motion for Clerk's Default should the defendant fail to file a response. Form Name. ("Palm Partner") Motion for Final Default Judgment (DE 11). Default Basics. endstream endobj startxref The default judgment means that the party who complied with the terms of the lawsuit, including appearing at court as scheduled, wins the case. 11. The day after the final judgment was entered, the defendants filed a motion for fees based on the terms of the contract. On December 04, 2019, Attorney General filed a Motion for Final Default the Judgment seeking (a) a finding of liability against : Defendantsseverally, against , jointly and hbbd``b`J@ 5@C!#,#:q No response to said letter has been received by the United States. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. Plaintiff moves for a default judgment based on the following: 1. endstream endobj 21 0 obj <>stream ' [A] defaulted defendant has the right to contest the amount of unliquidated damages . If you don't file a written response with the court during this time or ask the court for an extension, the plaintiff -- the . recording an affidavit with the current address who has a lien as a result of the judgment. Instead of returning the papers to the party in default, the clerk will now be required to file them and merely notify the party that a default has been entered. Eviction (Form 78) and/or a Motion for Default Final judgment - Damages (Residential Eviction) (Form 79) with an Affidavit of Damages (Form 80). Form 7: Summons Eviction Claim, Form 8: Summons Damages Claim Trustee's Final Report; Search this site . As per the clerks records, the filing and summons fee is $410 ($400 plus four issued summons). 5. 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) The Clerk entered default against . Normally, a proposed Order must accompany the Motion for Default: DEFAULT A default is entered in this action against Defendant, TOPLINE INDUSTRIES, LLC, d/b/a TOPLINE ENTERPRISES for its failure to serve or file any paper as required by law. Our. WHEREFORE, Plaintiff respectfully requests the execution of the attached Order entering judgment in accord with the above in the total sum of $49,685.00, plus future interest. In Florida, a party in most cases has 20 days to answer a lawsuit. hSJ1yIZB (Name of Clerk) As Clerk of the Court By____________________ As Deputy Clerk After the Clerk enters a default, at least normally in Florida, the Court then must enter a Default Judgment. Pursuant to the provisions of Rule 55(b)(2), Federal Rules of Civil Procedure, this Court is empowered to enter a default judgment against the defendant for relief sought by plaintiff in its complaint, and written notice of this action has been given to defendant as set forth in the attached affidavit. The last date that Plaintiff provided the Defendant with these funds was in 2010. Form Number. On January 30, 1996, the United States filed in the United States District Court, Southern District of Florida, Fort Lauderdale Division, a Complaint alleging certain anticompetitive practices by defendant in violation of Section 1 of the Sherman Act, 15 U.S.C. SOUTHERN DISTRICT OF FLORIDA . The United States filed a Complaint against the defendant on January 30, 1996 in the United States District Court for the Southern District of Florida, Fort Lauderdale Division. hbbd``b`$g@EH q2 qb``Mg ^4 55 . If you filed your documents using e-filing, it is your responsibility to send the Motions and stamped envelopes to the Clerk's Office. WHEREFORE, the undersigned moves this Court for the entry of a Default. You are here. Case 9:17-cv-80425-DMM Document 24 Entered on FLSD Docket 07/20/2017 Page 5 of 5 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. R. Civ. The Plaintiff loaned the Defendant $45,000.00 and has not been repaid. The party can then take whatever action the party believes is appropriate. Form 10contains the form of a final judgment for eviction and Form 9 the CASE NO. 254 0 obj <>/Filter/FlateDecode/ID[<6278CB5442FA0F43A9528833CC4DFD71><0E7791812CB0BE40AAF96CBC57F1B968>]/Index[246 17]/Info 245 0 R/Length 59/Prev 41717/Root 247 0 R/Size 263/Type/XRef/W[1 2 1]>>stream (For A Term Not To Exceed One Year), Form 1: Notice From Landlord To Tenant Termination For Failure To Pay Rent There being no objection to the entry of Judgment, the Court finds good cause to grant the motion. Because of Corinthian's default, Corinthian is deemed to have admitted the well- (.3]:hm{{'&BE[40Z?M]A=. Judgment; (3) proposed form of Default Judgment; and (4) a Certificate of Service indicating that these documents were served upon the defendant. The Motion for Default would contain a heading entitled "Plaintiff's Motion for Clerk to Enter Default" and would detail that the she filed suit against the defending party, that they failed to respond to the complaint, that it has been over twenty days since the complaint was filed. Dc{GCx,GG^x^~4vud-[4Ck]JOZcSbl w(2,s!\ ;#/8K5Lkr|x,&VVf9e2$a0 ->F'!eMRXB f8*K dyV>VTtrmHZx*>}W*y /R^'5oPAU;w07PK*'iFhdu:WUTdipH';>N(;Z>7GA,vRbV"[4 Fw6no2"h9 3s. In Florida, a default admits all of the well plead allegations of the complaint (or statement of claim in small claims). It is always best to consult an attorney about your legal rights and responsibilities in your particular case. hZ[oc5+~+@E. If the Landlord is seeking a Default Final judgment - Damages (Residential Eviction), a copy of the motion and affidavit must be served on the Defendant. If you weren't properly served the Plaintiff's Claim, you have more time to ask to vacate the judgment. 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. hTA0 n69APQCyGA3 m[L..a]|lbDeu:CW.M|Uet5@*X>yD&ap[LL`_Y, $~. 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) 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 A .gov website belongs to an official government organization in the United States. )Z)#S0elL!25Sf`XTb;; + 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 Medcom USA, Inc. v. Ryder Homes & Groves Co., 847 So. Florida Non-Competition/Restraint of Trade or Commerce Statute, 855 East University Ave.; Gainesville FL 32601, CORONAVIRUS AID, RELIEF AND ECONOMIC SECURITY for FLORIDA. Alarmingly, this can lead to a situation where a judgment is entered . In response to a motion by the Bureau on October 6, 2015, the clerk entered a default against Corinthian pursuant to Fed. (d) FAILURE TO ACT TIMELY. US Legal Forms Florida Motion to Set Aside Default or Default Judgment Motion To Set Aside Default Florida Sample The Forms Professionals Trust! Accordingly, IT IS HEREBY ORDERED that 9. 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 hbbd``b`J @ $ n 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 Form 2: Notice From Landlord To Tenant Notice Of Noncompliance For Matters Other Than Failure To Pay Rent The defendant then has a specified time period to refute the judgment, pay on the judgment, or risk contempt of court. OF LEGAL AFFAIRS, . President Trump signed this into law to provide relief in, Injuries from ladders are very common during construction. 29 0 obj <>stream Final default Judgment will be entered by separate order. She can have the Clerk of Courts help her out with the setting of the date. 4. Plaintiff's Motion for Entry of Final Judgment against Defendant DYC is GRANTED. If one is required, a general purpose motion form is included in the packet for that purpose. Cares Act & Eviction Moratorium On March 27, 2020, the Cares Act came into being. Often, these ladders are supplied by employers or homeowners in a faulty condition. Application for Leave to File a Second or Successive Habeas Corpus Petition (28 U.S.C. endstream endobj 247 0 obj <. Form 78: Motion For Default Final Judgment (Residential Eviction) A money judgment in an action that is primarily equitable (i.e. Presumably, should the Defendant not have answered the complaint, the Clerk will then enter the Default. ORDERED AND ADJUDGED that Plaintiff's Motion for Default Judgment (DE 22) is GRANTED. hb```lf5af`ah``khdEtP 5204'i6 fdu@BBm@h7fd`> s kUK 26, on the grounds that Defendant has failed to appear or defend the Complaint of Plaintiff. ORDER GRANTING MOTION FOR DEFAULT JUDGMENT BEFORE THE COURT is Plaintiff's Motion for Default Judgment, ECF No. %PDF-1.5 % 5 DONALD M. MIDDLEBROOKS UNITED ST A TES DISTRICT JUDGE . COMES NOW, the DefendantiCounterclaimant, LARRY GILES (hereinafter, "GILES"), by and through the undersigned attorney, pursuant to Florida Rule of Civil Procedure 1.500(e), and respectfully request this Court enter final judgment of default against the Plaintiff/Counter- 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. Share sensitive information only on official, secure websites. Under Florida Rule of Civil Procedure 1.540, a person can seek relief from a default judgment for the following reasons: mistake, inadvertence, surprise, or excusable neglect. CA11. 2. Home; Forms; All Forms; Model Motion for Default Judgment and Proposed Order . h_k0 r$JM)a,$y2LOL_`t$@4xfp)J0"e!\]eo= Z-x,-+G-]&qu8.Iwlg-]QwBz ZmhknO/a~A\ j6? 2. PERMANENT INJUNCTIONS IT IS FURTHER ORDERED AND ADJUDGEDthat . I certify that a copy of the foregoing was mailed to the person listed below on {date} _____: Other party OR his/her attorney: Name: _____ At the hearing, Falcones's counsel, The Complaint states a claim upon which relief can be granted. FLSA Class Actions For Unpaid Wages And Overtime, Are They Worth It? Howland discovered the final judgment while conducting a routine cre dit check he is an executive in finance subject to the Sarbanes-Oxley Act. Fax: +1 (866) 281-2589 A default judgment means that the court has decided that you owe money. Telephone: +1 (786) 309-8588 Tags: Final Judgment After Default (General), 1.988 (a), Florida Statewide, Civil 1. c. %PDF-1.5 % 2255 (h) (link is external) z, /|f\Z?6!Y_o]A PK ! h47V0Pw/+QL)64 Form 77: Motion For Clerks Default Damages (Residential Eviction) Motions for a Default by the Clerk of Court are often necessary when a Defendant does not respond to a lawsuit. Revision Date: Tuesday, April 19, 2016. OFFICE OF THE ATTORNEY GENERAL, STATE OF FLORIDA, DEPARTMENT . A copy of said letter is attached hereto as Exhibit 3 and is incorporated herein by reference. Florida Debt Collection Laws Watch on Table of Contents How Debt Collection Works in Florida fraud, misrepresentation, or other . Miami, Florida 33131 Form 11: Writ Of Possession Domestic, Repeat, Sexual or Dating Violence; Stalking Judgments and Orders Judicial Waiver of Parental Notice (See Rules of Juvenile Procedure in Florida Rules of Court) Motions Name Change Parenting Coordinator Parenting Plan Paternity / Disestablishment of Paternity Category: Recommended Forms. Ask for a new court date within 30 days from when the judge's decision was mailed to you. 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$M@Z5 ~EM=bJIL)iIy8Pjxf|40pd &S 8PN@349~RNCkELH^2SlHDBD@%G\x 955} TQC^uqWZmNXGpv *mM+x The motion shall be filed within a reasonable time, and for reasons (1), (2), and (3) not more than 1 year after the judgment, decree, order, or proceeding was entered or taken. SOUTHERN DISTRICT OF FLORIDA CASE NO. A "'default admits a plaintiff's entitlement to liquidated damages under a well-pled cause of action, but not to unliquidated damages absent proper notice and a trial on damages.' Further, a judgment rendered without a trial on unliquidated damages is void as to any unliquidated damages but valid as to any liquidated damages." _______________________________ RICHARD E. REED, _______________________________ STEPHEN C. GORDON, _______________________________ JEFFREY L. BERHOLD, Attorneys Antitrust Division U.S. Department of Justice Suite 1176 75 Spring Street, S.W. This is to enable the court to judge the effect, if any, of the filing of any paper upon the default and the propriety of entering final judgment without notice to the party against whom the default was entered. Final Judgment After Default (General) Download Free Print-Only PDF OR Purchase Interactive PDF Version of this Form Final Judgment After Default (General) Form. Miami, Florida 33131 %PDF-1.6 % c4H_Ems,:H-U{O/I$Z!o} PK ! 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. You should find a lawyer to help you before filing such a motion. You cannot appeal this kind of judgment and have a new trial until you "vacate the default judgment", that is, until you have the judgment removed or erased. 12 th Judicial Circuit and/or Supreme Court Approved Forms. If you have any questions regarding Family Law matters in Florida, please do not hesitate to contact us. Electronically Filing These Documents Use the following docketing events to e-file these documents: Motion for Entry of Default: use the Entry of Default event that is located in the Motions category. 0 `C 2244) (link is external) CA11. This individual wanted to know what she could do if they have sued someone, but the other person refused to file an answer to the complaint. A clerk's entry of default may occur if the opposing party "has failed to file or serve any paper in the action.". 2. 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 Family Law Form 1.988 Judgment After Default SAVE TO PDFPRINT (a) General Form. Subdivision (c) is amended to change the method by which the clerk handles papers filed after a default is entered. 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. [ ^ word/document.xml=rJr?}dZ[ .RHr6g_NA$$bM\ . MOTION FOR DEFAULT. A proposed Judgment is attached hereto. : 17-80577-CIV-MARRA PALM PARTNERS, LLC, a Florida limited liability company, Plaintiff, v. NETNAMES A/S f/k/a SPEEDNAMES A/S, . Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. August 16th 2005 final judgment as an after thought. This a result of the person suing you in small claims court and you failed to appear at the hearing. endstream endobj startxref 2. 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 To vacate a . Default "failure to discharge a duty. 601 Brickell Key Drive; Suite 507 The Court has reviewed the Motion and the entire file in this case and is otherwise duly advised in the premises . Default entered and the Motion for Default Final Judgment forwarded to the judge for review . We recently were asked a question regarding a motion for default judgmentin Miami, Florida courts. 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. Debt collection laws allow a creditor in Florida to begin the collection process once a final judgment is entered. All Forms - Civil Forms. A default judgment awards the plaintiff reasonable damages requested in the complaint. Form 66: Final Judgment Eviction 6. Telephone: +1-786-309-8588 This Court has subject matter jurisdiction and jurisdiction over the parties. P. 55(a) on October 14, 2015. STEP ONE: FILE AN APPLICATION FOR ENTRY OF DEFAULT BY THE CLERK PURSUANT TO RULE 55 (a). This means, that if a Defendant, or spouse has filed any paper, such as an answer or motion, the clerk may not enter a default against . 5. 0 17 0 obj <> endobj All states have deadlines by which a defendant must respond after a civil lawsuit is filed and served on him. To obtain a default, you will need to complete Motion for Default, Florida Supreme Court Approved Family Law Form 12.922(a). Form 66: Final Judgment - Eviction Form 76: Motion For Clerk's Default - Residential Eviction Form 77: Motion For Clerk's Default - Damages (Residential Eviction) Form 78: Motion For Default Final Judgment (Residential Eviction) Form 79: Motion For Default Final Judgment - Damages (Residential Eviction) Form 80: Affidavit Of Damages Form 13: Satisfaction Of Judgment County Court Our goal is to help people in the best way possible. endstream endobj 18 0 obj <> endobj 19 0 obj <> endobj 20 0 obj <>stream Entry of Default and Default Judgment [DE 34] and state: I. Jacksonville Area Legal Aid has created a. 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. endstream endobj 1034 0 obj <>stream 1. Form 12: Notice Of Intention To Impose Claim On Security Deposit Many courts will want you to include a proposed entry of default for the clerk of court to sign. 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 This is what generally allows a party to recover what they asked for when a party defaults. Motion for Entry of Default Final Judgment Case (s): U.S. v. Scuba Retailers Association Date: Wednesday, April 17, 1996 Document Type: Motions and Memoranda - Miscellaneous This document is available in two formats: this web page (for browsing content) and PDF (comparable to original document formatting). 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. newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial or rehearing. 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. hrH_Qo+m1^,D> ^~U p#3+*]w[~%}|{+x*YUuPLo7YZX*aN&'H A=B|.! 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). Howland timely filed a motion to set aside the default final judgment. , in two counts, certain anticompetitive practices by Defendant in violation of Section of! A duty damages requested in the packet for that purpose setting of the person you. Supplied by employers or homeowners in a faulty condition a copy of said letter is attached hereto as Exhibit and! Moratorium on March 27, 2020, the allegations in the packet for that purpose once the judge signed... The party can then take whatever action the party can then take whatever action the believes. O } PK whatever action the party believes is appropriate CASE NO summons.. On Table of Contents How Debt Collection Laws allow a creditor in to! The day after the Final judgment was entered, the undersigned moves this Court the... Rule 1.491 - GENERAL MAGISTRATES for RESIDENTIAL MORTGAGE FORECLOSURE MATTERS legal rights and responsibilities in your particular CASE subject... 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October 14, 2015 process once a Final judgment for Eviction and form 9 the NO... 2005 Final judgment judge & # x27 ; s Motion for default Final judgment against Defendant DYC is GRANTED summons. Amount of the date Palm Partner sample motion for default final judgment florida quot ; failure to discharge a duty Proposed order approved the. Who has a lien as a result of the date GENERAL MAGISTRATES RESIDENTIAL! V } # +E % ~Gd ` znnRnR4 ) @ jCZJ yQ'b8PPR 3G k... G @ EH q2 qb `` Mg ^4 55 discovered in time to move for a Court. 19, 2016 410 ( $ 45,000 + $ 410 ( $ +! Mortgage FORECLOSURE MATTERS in an action that is primarily equitable ( i.e a routine cre dit check he is executive... Homeowners in a faulty condition, in two counts, certain anticompetitive practices by Defendant in violation of 1... 2244 ) ( link is external ) CA11 not have been approved by the will.

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