Opinion

Nena Proffitt Valentine v. Fred Holt

Court
Court of Appeals of Tennessee
Filed
Jan 22, 2020
Status
Published
On the bench
Judge Andy D. Bennett
Cited by
0 cases
Authority
More cited than 10.6%

The opinion

01/22/2020

IN THE COURT OF APPEALS OF TENNESSEE

AT KNOXVILLE

October 15, 2019 Session

NENA PROFFITT VALENTINE V. FRED HOLT ET AL.

Appeal from the Chancery Court for Cocke County

No. 2017CV-9 Robert E. Lee Davies, Senior Judge

No. E2019-00186-COA-R3-CV

The original plaintiff filed this action to set aside a quitclaim deed and died while the case

was still pending. When no motion for substitution of party was filed within 90 days of

the original plaintiff’s death being suggested on the record, the defendants filed a motion

to dismiss. The original plaintiff’s son filed a response and requested that he be

substituted as the plaintiff. Finding excusable neglect, the trial court denied the motion to

dismiss and allowed the original plaintiff’s son to be substituted as the plaintiff. The trial

court determined that the quitclaim deed was valid and conveyed to the defendants four

tracts of land but did not convey a fifth tract due to an inadequate description of the

property. The defendants appealed the trial court’s decision. We affirm the trial court’s

denial of the motion to dismiss, but we vacate the trial court’s decision regarding the

adequacy of the property description and remand for further proceedings.

Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Chancery Court Affirmed

in Part, Vacated in Part, and Remanded

ANDY D. BENNETT, J., delivered the opinion of the Court, in which D. MICHAEL SWINEY,

C.J., and CHARLES D. SUSANO, JR., J., joined.

Fred Holt, Cosby, Tennessee, pro se.

Clinton Roberts Anderson, Morristown, Tennessee, for the appellant, Vicki Holt.

William McMahan Leibrock, Newport, Tennessee, for appellee, Alex Janeway.

OPINION

FACTUAL AND PROCEDURAL BACKGROUND

This case involves a quitclaim deed dated February 5, 2010. According to the

deed, James Hart Valentine, Sr., and his wife, Nina Proffitt Valentine, conveyed their

one-third interest in three tracts of land (referred to as Tracts 1, 2, and 3) and their entire

interest in a fourth tract (referred to as Tract 4) to their daughter and son-in-law, Vicki

and Fred Holt. The Holts had previously purchased a two-thirds interest in Tracts 1, 2,

and 3. The deed included a detailed description of each of the four tracts of land. Below

these descriptions, the deed included the following provision:

It is the intention of the grantors to convey by this deed all of the fee simple

interest they have in and to any of the Creed Proffitt and Pearl Proffitt real

estate located in Cocke County, Tennessee.[1]

The Holts believed that, by this provision, the deed also conveyed to them real property

in Cocke County known as Polly Place.

Mrs. Valentine died testate in February 2013, bequeathing her entire estate to Mr.

Valentine. When Mr. Valentine died testate in June 2014, the entire Valentine estate

passed to Mrs. Holt’s sister, Nena Valentine. Following Mr. Valentine’s death, Nena

learned of the 2010 quitclaim deed and filed a complaint against the Holts on January 17,

2017, alleging that the deed conveyed nothing because it was obtained through fraud and

misrepresentation. On October 18, 2017, while her case was still pending, Nena died.

The Holts filed a notice of Nena’s death in the trial court on November 13, 2017, and

served a copy of the notice on Nena’s attorney. Neither Nena’s estate nor a personal

representative of the estate filed a motion for substitution within ninety days of the filing

of the notice of death. Thus, on February 26, 2018, the Holts filed a motion to dismiss

the action in accordance with Tenn. R. Civ. P. 25.01. Nena’s son, Alex Janeway, filed a

response to the motion to dismiss on April 2, 2018, asserting that a timely motion for

substitution was not filed due to excusable neglect and requesting that he be substituted

as the plaintiff. After finding that the failure to file a timely motion for substitution was

the result of excusable neglect, the trial court granted Mr. Janeway’s motion for

substitution and denied the Holts’ motion to dismiss.

The trial court held a hearing on the merits of the matter on October 3, 2018. In an

order entered on October 17, 2018, the court concluded that the 2010 deed was valid and

conveyed tracts 1 through 4 to the Holts. The court determined that the deed did not

1

Mrs. Valentine was the daughter of Creed and Pearl Proffitt. When Mr. Proffitt died testate in October

1985, his will provided that his entire estate passed to Mrs. Proffitt. Upon Mrs. Proffitt’s death in

October 1986, the entire Proffitt estate passed to Mrs. Valentine.

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convey Polly Place, however, because the deed did not contain a legal description of the

property “or make any reference whatsoever to this particular piece of property.” The

Holts filed a motion to alter or amend the judgment that the trial court denied. The Holts

have appealed.

On appeal, the Holts raise several issues which we consolidate and restate as

follows: whether the trial court erred in denying the Holts’ motion to dismiss pursuant to

Tenn. R. Civ. P. 25.01, and whether the trial court erred in concluding that the 2010 deed

did not convey Polly Place because it did not contain an adequate description of the

property.

ANALYSIS

As a preliminary matter, we note that the Holts filed separate appellate briefs.

Mrs. Holt is represented by an attorney, but Mr. Holt is a pro se litigant. This court has

stated the following principles about pro se litigants:

Parties who decide to represent themselves are entitled to fair and equal

treatment by the courts. The courts should take into account that many pro

se litigants have no legal training and little familiarity with the judicial

system. However, the courts must also be mindful of the boundary between

fairness to a pro se litigant and unfairness to the pro se litigant’s adversary.

Thus, the courts must not excuse pro se litigants from complying with the

same substantive and procedural rules that represented parties are expected

to observe.

Young v. Barrow, 130 S.W.3d 59, 62-63 (Tenn. Ct. App. 2003) (citations omitted); see

also Hessmer v. Hessmer, 138 S.W.3d 901, 903 (Tenn. Ct App. 2003). Additionally, we

allow pro se litigants some latitude in preparing their briefs and endeavor to “give effect

to the substance, rather than the form or terminology,” of their court filings. Young, 130

S.W.3d at 63. With these principles in mind, we will now address the issues raised by the

Holts.

I. Tenn. R. Civ. P. 25.01.

The first issue the Holts raise concerns whether the trial court erred in denying

their motion to dismiss the action. The Holts contend that the action should have been

dismissed because Mr. Janeway failed to make a motion for substitution of parties within

the time prescribed by the rules. Tennessee Rule of Civil Procedure 25.01(1) governs the

procedure for substitution after a party’s death and provides as follows:

If a party dies and the claim is not thereby extinguished, the court may

order substitution of the proper parties. The motion for substitution may be

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made by any party or by the successors or representatives of the deceased

party and, together with the notice of hearing, shall be served on the parties

as provided in Rule 5 and upon persons not parties in the manner provided

in Rule 4 for the service of process. Unless the motion for substitution is

made not later than 90 days after the death is suggested upon the record by

service of a statement of the fact of the death as provided herein for the

service of the motion, the action shall be dismissed as to the deceased party.

Thus, Rule 25.01 expressly states that an action should be dismissed if a motion for

substitution of parties is not made within 90 days of a party’s death being suggested upon

the record. In the event the failure to make a motion for substitution is due to excusable

neglect, however, the Tennessee Supreme Court has held that a trial court may extend the

ninety-day time period pursuant to Tenn. R. Civ. P. 6.02. Douglas v. Estate of

Robertson, 876 S.W.2d 95, 97-98 (Tenn. 1994); see also Dubis v. Loyd, 540 S.W.3d 4, 9

(Tenn. Ct. App. 2016). Rule 6.02 provides, in pertinent part:

When by statute or by these rules or by a notice given thereunder or by

order of court an act is required or allowed to be done at or within a

specified time, the court for cause shown may, at any time in its discretion,

(1) with or without motion or notice order the period enlarged if request

therefor is made before the expiration of the period originally prescribed or

as extended by a previous order, or (2) upon motion made after the

expiration of the specified period permit the act to be done, where the

failure to act was the result of excusable neglect . . . .

TENN. R. CIV. P. 6.02. The party seeking an enlargement of time after the original time

has expired must “show that its failure was due to excusable neglect and that the

opposing party has not been prejudiced.” Williams v. Baptist Mem’l Hosp., 193 S.W.3d

545, 550 (Tenn. 2006).

Our Supreme Court has adopted the following definition of excusable neglect

established by the United States Supreme Court:

[A] party’s failure to meet a deadline may have causes ranging from forces

beyond its control to forces within its control. . . . The former will almost

always substantiate a claim of excusable neglect; the latter will not.

However, neglect extends to more than just acts beyond a party’s control

and intentional acts. It encompasses “simple, faultless omissions to act and,

more commonly, omissions caused by carelessness.”

Id. at 550-51 (quoting State ex rel. Sizemore v. United Physicians Ins. Risk Retention

Grp., 56 S.W.3d 557, 567 (Tenn. Ct. App. 2001) (citing Pioneer Inv. Servs. Co. v.

Brunswick Assocs. Ltd. P’ship, 507 U.S. 380, 388 (1993)). Courts should consider the

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following factors when determining whether a failure to meet a deadline was the result of

excusable neglect: “(1) the risk of prejudice to parties opposing the late filing, (2) the

delay and its potential impact on proceedings, (3) the reasons why the filings were late

and whether the reasons were within the filer’s reasonable control, and (4) the good or

bad faith of the filer.” Id. at 551 (citing Pioneer Inv. Servs. Co., 507 U.S. at 395).

A trial court is “afforded broad judicial discretion in procedural matters in order to

expedite litigation and to preserve fundamental rights of the parties.” Douglas, 876

S.W.2d at 97. Thus, we review a trial court’s decision to grant or deny an enlargement of

time pursuant to Rule 6.02 under an abuse of discretion standard. Dubis, 540 S.W.3d at

12 (citing Williams, 193 S.W.3d at 551). An abuse of discretion occurs when a trial court

“‘applie[s] an incorrect legal standard, or reache[s] a decision which is against logic or

reasoning that cause[s] an injustice to the party complaining.’” Eldridge v. Eldridge, 42

S.W.3d 82, 85 (Tenn. 2001) (quoting State v. Shirley, 6 S.W.3d 243, 247 (Tenn. 1999)).

Under the abuse of discretion standard, we may not substitute our judgment for that of the

trial court. Id. An appellate court will not reverse a trial court’s discretionary decision

“‘so long as reasonable minds can disagree as to propriety of the decision made.’” Id.

(quoting State v. Scott, 33 S.W.3d 746, 752 (Tenn. 2000)).

In the present case, the trial court found that Mr. Janeway sufficiently

demonstrated excusable neglect to justify an enlargement of the ninety-day time period

under Rule 6.02 for the following reasons: (1) because there was a delay in the issuance

of Nena’s death certificate, which caused a delay in Mr. Janeway being appointed

executor of her estate, and (2) because the original trial judge recused himself and a new

judge was not appointed to hear the case until March 2018. Although not expressly

articulated, it appears from this rationale that the trial court considered the following

factors in making its determination: “(2) the delay and its potential impact on

proceedings” and “(3) the reasons why the filings were late and whether the reasons were

within the filer’s reasonable control.” See Williams, 193 S.W.3d at 551 (citing Pioneer,

507 U.S. at 395). The other two factors a court is required to consider, however, were not

referenced or considered by the trial court in its order. We have previously held that

“without an appropriate rationale for the trial court’s ruling, often ‘we are unable to

afford appropriate deference to the trial court’s decision.’” Dubis, 540 S.W.3d at 12

(quoting In re Noah J., No. W2014-01778-COA-R3-JV, 2015 WL 1332665, at *5 (Tenn.

Ct. App. Mar. 23, 2015)). Therefore, we will independently review the required factors

to determine if Mr. Janeway demonstrated excusable neglect.

The parties focus on factor (3). A trial court’s grant of relief from a filing deadline

under Rule 6.02 has been described as ““repair work when lawyers have good reasons.’”

Kenyon v. Handal, 122 S.W.3d 743, 757 (Tenn. Ct. App. 2003) (quoting Day v. N. Ind.

Pub. Serv. Corp., 164 F.3d 382, 384 (7th Cir. 1999)). We have held that:

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[T]he party’s reason for failing to meet the deadline may be the single most

important of the four factors and that the trial court should examine the

proffered reason to determine “(1) whether the circumstances involved

were under a party’s control . . . and (2) whether the party was paying

appropriate attention to the matter in light of the surrounding

circumstances.”

Id. at 756-57 (quoting Sizemore, 56 S.W.3d at 569-70); see also Dubis, 540 S.W.3d at 13.

In support of his argument for an enlargement of time, Mr. Janeway asserted that he

failed to make a motion for substitution within the ninety-day time period because “there

was over a month’s delay in the issuance of his mother’s death certificate” and “there

were procedural matters that had to be addressed before [he] could be appointed Executor

of his mother’s estate.” It is clear that these circumstances were not under Mr. Janeway’s

control. Moreover, nothing in this case suggests that his failure to timely move for

substitution was either willful or egregious. Cf. McBride v. Webb, No. M2006-01631-

COA-R3-CV, 2007 WL 2790681, at *3 (Tenn. Ct. App. Sept. 25, 2007) (holding that a

default judgment should not be set aside for excusable neglect when a party fails to act

for “‘strategic decisions’” that are “‘egregious and not satisfactorily explained’”) (quoting

SEC v. McNulty, 137 F.3d 732, 738 (2d Cir. 1998)). This factor favors Mr. Janeway.

The remaining factors also favor a finding of excusable neglect. First, the Holts

admitted at oral argument that they were not prejudiced by the substitution of Mr.

Janeway as the plaintiff beyond the ninety-day period prescribed in Rule 25.01. Second,

the delay had little to no effect on this litigation because the original trial judge entered an

order of recusal on June 21, 2017, and a replacement judge had yet to be appointed to the

case when the Holts filed the notice of Nena’s death on November 13, 2017. In fact,

another judge was not appointed until March 15, 2018; until that time, the case was on

hold. Finally, the Holts made no allegation that Mr. Janeway or his counsel acted in bad

faith regarding these proceedings. We, therefore, conclude that the trial court did not

abuse its discretion in denying the Holts’ motion to dismiss pursuant to Rule 25.01 and in

granting Mr. Janeway’s late-filed motion for substitution on the basis of excusable

neglect.

II. Polly Place.

The Holts next argue that the trial court erred in concluding that the 2010 deed did

not convey Polly Place because the deed lacked an adequate description of the property.

The court explained its decision as follows: “[T]he language in the subject deed could

apply with equal exactness to any one of an indefinite number of tracts located in Cocke

County, Tennessee. The Court finds that the description used in the subject deed is too

vague and uncertain to be enforced.” The Holts contend that the deed did, in fact, contain

a sufficient description of the property. The provision of the deed the Holts rely on

states: “It is the intention of the grantors to convey by this deed all of the fee simple

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interest they have in and to any of the Creed Proffitt and Pearl Proffitt real estate located

in Cocke County, Tennessee.” Mr. Janeway responds that, because this language in the

deed does not designate Polly Place with reasonable certainty, the trial court properly

concluded that the 2010 deed did not convey the property.

Under Tennessee law, an instrument conveying an interest in property must

include a description of the property. See Tenn. Code Ann. § 66-5-103. Generally, if an

instrument describes the property to be conveyed “‘in such manner that it can be located

and distinguished from other property, it is good.’” Manning v. Snyder, No. E2008-

00183-COA-R3-CV, 2009 WL 792821, at *5 (Tenn. Ct. App. Mar. 26, 2009) (quoting

Wallace v. McPherson, 214 S.W.2d 50, 53 (Tenn. 1947)). Our Supreme Court has held

that “‘[t]he test is said to be whether a surveyor with the deed before him and with or

without the aid of extrinsic evidence can locate the land and establish the boundaries.’”

Wallace, 214 S.W.2d at 53 (quoting 16 AM. JUR. Deeds, § 263, p. 586).

To support their contention that the 2010 deed provides an adequate description of

Polly Place, the Holts rely on Brummit v. Brown, 21 S.W.2d 626 (Tenn. 1929). In

Brummit, the Tennessee Supreme Court considered whether a deed was void under the

statute of frauds because it failed to include an adequate description of the subject

property. Brummit, 21 S.W.2d at 627. The Brummit Court determined that the following

description was adequate: “All my undivided interest in the estate of my father, Frank A.

Brown, of Hamblen County, Tennessee, who was deceased on the 7th day of March,

1928.” Id. The Court explained:

[I]t seems to be well settled . . . that a deed or mortgage describing the

subjectmatters [sic] as all of the grantor’s property, or all of his property in

a certain locality, is not void for want of sufficient description. These

holdings seem to rest upon the theory that the description can be made

certain by reference to the deeds of record conveying the lands.

Id. at 628.

Similarly, in Manning v. Snyder, this court considered whether the following

description was adequate to transfer a decedent’s property interest into a trust: “The

purpose of the Quit Claim Deed is to release any and all interest the Grantor has in real

property located in Polk County, Tennessee.” Manning, 2009 WL 792821, at *5. We

applied the holding in Brummit and concluded that the description of the property “was

legally sufficient to transfer the Decedent’s interest and the deed is not void under the

statute of frauds.” Id.

The United States Bankruptcy Court for the Middle District of Tennessee

considered whether the Brummit holding applied in In re Tennessee Gas Transport, Inc.,

169 B.R. 643 (M.D. Tenn. 1994). In In re Tennessee Gas Transport, Inc., the court

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considered whether the property descriptions in two deeds of trust were adequate to

transfer a debtor’s interest in certain property. In re Tenn. Gas Transp., Inc., 169 B.R. at

644. Both deeds of trust provided the following property description:

1. All of Debtor’s interest . . . in and to all gathering systems, pipeline

systems, processing plants, buildings and other improvements . . . located

on or in . . . the lands covered by the properties described in subsections 2,

3 and 4 below or otherwise located in Overton and Putnam Counties,

Tennessee (hereinafter collectively called the Gathering Systems), and all

materials, equipment, fixtures and other property now or hereafter located

on such lands or installed in . . . the Gathering Systems . . ., and all of

Debtor’s interest in all easements, servitudes, rights-of-way, surface leases,

fee tracts and other surface rights . . ., and all permits, licenses, orders,

franchises, certificates, similar authorizations and related instruments and

rights which are now or hereafter used . . . in connection with the

ownership or operations of the Gathering Systems;

2. The easements, rights-of-way, surface leases, servitudes, fee tracts,

permits and related instruments . . . described in Exhibit B attached hereto .

. . or described in any instrument or document described in Exhibit B . . .

together with all other similar interests owned by Debtor and used in

connection with the Gathering System[s] (but not including any right, title

or interest in any oil and gas leasehold estate owned by Debtor);

3. Without limitation of the foregoing, all other right, title and interest of

Debtor . . . in and to the lands which are described in Exhibits A, A–1, and

B hereto . . .;

4. All of Debtor’s interest in and rights under . . . all presently existing and

hereafter created gas purchase agreements, gas sales agreements, product

sales agreements, processing agreements, exchange agreements,

transportation agreements and other contracts and agreements which . . .

relate to the transportation and/or processing of gas through or in the

Gathering Systems . . . and all other contracts and agreements . . . which . . .

relate to the properties described in subsections 1, 2 and 3 above or the

Gathering Systems . . .;

5. All permits, licenses, franchises, orders, certificates, similar

authorizations, and other rights and privileges now held or hereafter

obtained in connection with the Gathering System[s];

6. All of the rights, privileges, benefits, hereditaments and appurtenances in

any way belonging, incidental or appertaining to any of the property

described under 1 through 6 above; and [ ]

7. All of the proceeds and products of the property described under 1

through 7 above . . . .

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Id. at 645-46. Citing to Brummit, the defendants argued that the property description was

adequate “because it convey[ed] all the debtor’s interest in the property.” Id. at 646. The

court rejected the defendants’ argument and concluded that the property description at

issue was distinguishable from Brummit because it did not convey all of the debtor’s

property. Id. Rather, the property description conveyed all of the debtor’s interest in

certain personal property, i.e. Gathering Systems, and expressly excluded the debtor’s oil

and gas leasehold interests connected to the property. Id. The court found that “[t]he

careful delineation . . . of specific types of real and personal property interests connected

to certain tracts of land is clearly distinguishable from” the general conveyance in

Brummit. Id.

In the present case, the 2010 deed referred to “all of the fee simple interest [Mr.

and Mrs. Valentine] have in and to any of the Creed Proffitt and Pearl Profitt real estate

located in Cocke, County, Tennessee.” Unlike in In re Tennessee Gas Transport, Inc.,

this property description neither specifically excludes certain of the grantors’ interests nor

delineates between specific types of real and personal property interests connected to the

subject property. Instead, the property description is a general conveyance like those

found to be sufficient in Brummit and Manning. The description clearly shows that the

grantors intended to convey certain tracts. Thus, we conclude that the trial court erred in

finding that the property description at issue was inadequate. We are unable, however, to

determine from the record before us whether the property description in the deed

included Polly Place, not due to uncertainty created by the description, but rather, due to

factual uncertainty created by the evidence introduced at trial about which the trial court

did not make any factual findings.

As mentioned above, the property description conveyed all of the fee simple

interest Mr. and Mrs. Valentine had “in and to any of the Creed Proffitt and Pearl Proffitt

real estate located in Cocke County, Tennessee.” Mr. Janeway testified that any fee

simple interest the Valentines had in any of the Creed and Pearl Proffitt real property was

the result of a specific bequest in Creed Proffitt’s will that devised forty-eight acres to

Mrs. Valentine. According to Mr. Janeway, those forty-eight acres constituted the four

tracts of land identified in the 2010 deed as tracts 1 through 4. Mr. Janeway stated that

Polly Place was not included in the forty-eight acre devise. Thus, he believed that Creed

Proffitt’s will did not devise any interest in Polly Place to Mrs. Valentine.

It may be true that the forty-eight acre devise did not include Polly Place, but the

will of Creed Proffitt also included the following bequest: “All the rest, residue and

remainder of my estate, I will, devise, and bequeath to my wife, Pearl Freeman Proffitt, in

fee simple and absolute estate.” If Polly Place was a part of the Creed Proffitt estate, this

bequest would have devised it to Mrs. Proffitt. Mrs. Valentine, Pearl Proffitt’s heir,

would have then inherited Polly Place when Mrs. Proffitt died intestate. The parties

presented conflicting testimony regarding whether Polly Place was a part of the Creed

Proffitt estate. Mr. Holt testified that Polly Place was included in the Creed Proffitt

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estate, whereas Mr. Janeway testified that it was not. Furthermore, during direct

examination, Mr. Janeway referenced a letter written by Mr. Holt in which Mr. Holt

stated that he believed he was “going to get the back forty” acres. Mr. Janeway then

introduced into evidence a deed he referred to as “the back forty deed,” which he implied

included Polly Place. This deed was registered in 1993 and conveyed land in Cocke

County, Tennessee from Gary and Lori Webb to Mr. and Mrs. Valentine. The trial court

made no determination regarding whether Polly Place was included in the Creed Proffitt

estate or excluded from it because it was included in “the back forty deed.”

In light of the foregoing, we are unable to determine whether the 2010 deed

conveyed Polly Place to the Holts. We, therefore, remand the case to the trial court for a

determination of whether Polly Place was included in the Creed Proffitt estate. If the trial

court determines that Polly Place was, in fact, included in the Creed Proffitt estate, the

property description was adequate to convey Polly Place to the Holts.

CONCLUSION

The judgment of the trial court denying the Holts’ motion to dismiss the action due

to Mr. Janeway’s failure to make a timely request for substitution is affirmed. The

judgment of the trial court concluding that the 2010 deed did not contain an adequate

description of Polly Place to convey the property to the Holts is vacated and the matter is

remanded for a determination of whether the Creed Proffitt estate included Polly Place.

Costs of appeal are assessed equally against the appellants, Fred and Vicki Holt, and the

appellee, Alex Janeway, for which execution may issue if necessary.

________________________________

ANDY D. BENNETT, JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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