|
HICKEY CREEK DEVELOPMENT, LLC, ET AL. VS FLORIDA COMMUNITY BANK
|
2D2018-1551
|
2018-04-20
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Lee County
08-CA-5739
|
Parties
| Name |
HICKEY CREEK DEVELOPMENT LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
LINDA K. YERGER, ESQ.
|
|
| Name |
EDWARD L. OLAH
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
SUMMIT CAPITAL AND DEVELOPMENT CORP. INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
RSW DEVELOPMENT CORPORATION, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FLORIDA COMMUNITY BANK
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
CHRISTOPHER D. DONOVAN, ESQ., PAUL P. PACCHIANA, ESQ., PAUL A. GIORDANO, ESQ., JACQUELINE F. PEREZ, ESQ., MARTIN S. AWERBACH, ESQ., Brian J. Hoops, Esq.
|
|
| Name |
HONORABLE ALANE LABODA
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
LEE CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-01-28
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2019-01-02
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellee Edgewater Opportunity Fund, LLC's motion for appellate attorney's fees is granted. We remand to the trial court for a determination of a reasonable amount of fees.Appellant's motion for appellate attorney's fees is denied.
|
|
| Docket Date |
2019-01-02
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2018-09-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ AND OPPOSITION TO APPELLANT, HICKEY CREEK DEVELOPMENT'S, MOTION FOR APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
FLORIDA COMMUNITY BANK
|
|
| Docket Date |
2018-09-20
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ OLD REPUBLIC'S RESPONSE TO APPELLANT'S MOTION FOR ATTORNEY FEES AND COSTS
|
| On Behalf Of |
FLORIDA COMMUNITY BANK
|
|
| Docket Date |
2018-09-10
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
HICKEY CREEK DEVELOPMENT, LLC
|
|
| Docket Date |
2018-08-24
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief ~ EDGEWATER OPPORTUNITY FUND III, LP'S ANSWER BRIEF
|
| On Behalf Of |
FLORIDA COMMUNITY BANK
|
|
| Docket Date |
2018-08-24
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
FLORIDA COMMUNITY BANK
|
|
| Docket Date |
2018-08-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 11- AB (Edgewater & Old Republic) due 08/24/18
|
| On Behalf Of |
FLORIDA COMMUNITY BANK
|
|
| Docket Date |
2018-07-09
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30- AB (Edgewater & Old Republic) due 08/13/18
|
| On Behalf Of |
FLORIDA COMMUNITY BANK
|
|
| Docket Date |
2018-06-18
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ LABDOA - 4729 PAGES
|
|
| Docket Date |
2018-06-18
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
HICKEY CREEK DEVELOPMENT, LLC
|
|
| Docket Date |
2018-05-01
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-DISCHARGING SHOW CAUSE ~ The April 24, 2018 order to show cause is discharged.
|
|
| Docket Date |
2018-04-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANTS, HICKEY CREEK DEVELOPMENT, LLC, et al RESPONSE TO ORDER TO SHOW CAUSE AS UNTIMELY
|
| On Behalf Of |
HICKEY CREEK DEVELOPMENT, LLC
|
|
| Docket Date |
2018-04-25
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
FLORIDA COMMUNITY BANK
|
|
| Docket Date |
2018-04-24
|
| Type |
Order
|
| Subtype |
Show Cause Timeliness (Appeal)
|
| Description |
OSC - untimely ~ ***DISCHARGED***(see 05/01/18 ord)Appellant shall show cause within fifteen days why this proceeding should not be dismissed as untimely.
|
|
| Docket Date |
2018-04-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2018-04-23
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2), Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, an order of the circuit court finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
|
| Docket Date |
2018-04-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ ATTACHED ORDER APPEALED
|
| On Behalf Of |
HICKEY CREEK DEVELOPMENT, LLC
|
|
| Docket Date |
2018-04-20
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
MGZ PROPERTIES, LLC, et al. VS FLORIDA COMMUNITY BANK, et al.
|
4D2016-2868
|
2016-08-24
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502010CA024852XXXXMB
|
Parties
| Name |
DAVE ZIMET
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
YORAM GALEL
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
HENRI GALEL
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
CORPORATE EXECUTIVE SUITES OF BOYNTON, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
MGZ PROPERTIES, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Jonathan Bloom
|
|
| Name |
QUANTUM PARK PROPERTY OWNERS' ASSOC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
FLORIDA COMMUNITY BANK
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
NICHOLAS LAFALCE, Steven Harry Meyer, JOHN A. ANTHONY, ALLISON DOUCETTE
|
|
| Name |
UNKNOWN TENANTS #1 THROUGH #36
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Donald W. Hafele
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-09-23
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
FLORIDA COMMUNITY BANK
|
|
| Docket Date |
2016-09-23
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ (RESPONSE FILED 10/10/16)
|
| On Behalf Of |
FLORIDA COMMUNITY BANK
|
|
| Docket Date |
2016-09-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
FLORIDA COMMUNITY BANK
|
|
| Docket Date |
2016-12-07
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order-Original Proceeding Dismissed ~ ORDERED that petitioners' August 24, 2016 petition for writ of certiorari is dismissed; further,ORDERED that petitioners' August 24, 2016 motion for appellate attorney's fees and costs is denied; further, ORDERED that the respondent's September 23, 2016 motion for attorney's fees and costs is granted conditioned on the trial court determining that respondent is the prevailing party and, if so, setting the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including but not limited to preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.TAYLOR, MAY and DAMOORGIAN, JJ., concur.
|
|
| Docket Date |
2016-12-07
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2016-10-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that petitioners' September 30, 2016 motion for extension of time to file the reply to the response is granted. The reply was filed October 10, 2016; further,ORDERED that petitioners' October 3, 2016 motion for extension of time to file response to respondent's motion for attorneys' fees and costs is granted. The response was filed October 10, 2016.
|
|
| Docket Date |
2016-10-10
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
Reply
|
| On Behalf Of |
MGZ PROPERTIES, LLC
|
|
| Docket Date |
2016-10-04
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ TO MOTION FOR ATTORNEY'S FEES.
|
| On Behalf Of |
MGZ PROPERTIES, LLC
|
|
| Docket Date |
2016-09-30
|
| Type |
Motions Extensions
|
| Subtype |
Motion Extension of Time To Reply To Response
|
| Description |
Motion Extension of TimeTo Reply To Response
|
| On Behalf Of |
MGZ PROPERTIES, LLC
|
|
| Docket Date |
2016-09-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR ATTORNEY'S FEES.
|
| On Behalf Of |
FLORIDA COMMUNITY BANK
|
|
| Docket Date |
2016-09-02
|
| Type |
Order
|
| Subtype |
Show Cause re Petition
|
| Description |
ORD-Writs Show Cause with Reply ~ ORDERED that respondent shall file a response within twenty (20) days and show cause why the petition should not be granted. Petitioner may file a reply within ten (10) days of service of the response; further,ORDERED that this Court's August 31, 2016 order is discharged.
|
|
| Docket Date |
2016-08-31
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that within ten (10) days of this order petitioners shall file a supplemental appendix containing a transcript of the July 26, 2016 hearing on the motion at issue.
|
|
| Docket Date |
2016-08-25
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2016-08-25
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Original Proceeding ~ The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes, did not accompany the petition as required in Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED.ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes, must be filed in this Court within ten (10) days from the date of the entry of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the petition has a duty to tender the filing fee to the appellate court when the petition is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: No extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
|
|
| Docket Date |
2016-08-24
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2016-08-24
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
MGZ PROPERTIES, LLC
|
|
| Docket Date |
2016-08-24
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ (RESPONSE FILED)
|
| On Behalf Of |
MGZ PROPERTIES, LLC
|
|
| Docket Date |
2016-08-24
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
MGZ PROPERTIES, LLC
|
|
|
|
SHLOMO LEVI VS FLORIDA COMMUNITY BANK
|
2D2016-3249
|
2016-07-28
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Lee County
08-CA-0018561
|
Parties
| Name |
SHLOMO LEVI LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
KEVIN L. HAGEN, ESQ.
|
|
| Name |
FLORIDA COMMUNITY BANK
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
COOKE LAW GROUP, PAUL B. FELTMAN, ESQ.
|
|
| Name |
LEE CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-03-07
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
SHLOMO LEVI
|
|
| Docket Date |
2021-01-29
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2021-01-29
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-01-08
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ KELLY, ATKINSON, AND SMITH
|
|
| Docket Date |
2021-01-08
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
dismissal for no brief ~ This appeal is dismissed for failing to serve the initial brief as required by this court's December 10, 2020, order.
|
|
| Docket Date |
2020-12-10
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellant has failed to respond to this court's orders dated June 10, 2020, July 6, 2020, and September 14, 2020. In light of Appellant's failure to respond to these orders, this court has reviewed the docket in United States Bankruptcy Court Southern District case number 16-12413-mew. In light of the July 13, 2018, final decree issued in that case, this court recognizes the expiration of the bankruptcy stay. This appeal will proceed.Appellant shall serve the initial brief and appendix within fifteen days of the date of this order or this appeal will be dismissed.To the extent that any other bankruptcy proceedings have the effect of staying this appeal, Appellant must file a suggestion of bankruptcy identifying those proceedings and demonstrating that the stay is applicable to this appeal.
|
|
| Docket Date |
2020-09-14
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ The last status report in this appeal, pending since 2016, was filed on January 20, 2020, despite orders of this court on June 10 and July 6, 2020, for a status report. Within fifteen days from the date of this order, Appellant shall file a status report on the bankruptcy proceedings or sanctions may be imposed.
|
|
| Docket Date |
2020-07-06
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ Appellant shall file a status report on bankruptcy proceedings within 15 days from the date of this order.
|
|
| Docket Date |
2020-06-10
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ Appellant shall file a status report on bankruptcy proceedings within 15 days from the date of this order.
|
|
| Docket Date |
2020-01-30
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ APPELLANT'S STATUS REPORT
|
| On Behalf Of |
SHLOMO LEVI
|
|
| Docket Date |
2020-01-15
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report/bankruptcy ~ Appellant shall file a status report on bankruptcy proceedings within 15 days from the date of this order.
|
|
| Docket Date |
2019-08-27
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ APPELLANT'S STATUS REPORT
|
| On Behalf Of |
SHLOMO LEVI
|
|
| Docket Date |
2019-08-06
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report/bankruptcy ~ Appellant shall file a status report on bankruptcy proceedings within 15 days from the date of this order.
|
|
| Docket Date |
2019-07-11
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ Appellant shall file a status report on bankruptcy proceedings within 15 days from the date of this order.
|
|
| Docket Date |
2019-02-20
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ Appellant shall file a status report on bankruptcy proceedings within 15 days from the date of this order.
|
|
| Docket Date |
2018-08-30
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Upon consideration of the appellant's August 28, 2018, status report, the parties are requested to update the court on the status of the bankruptcy proceedings when the stay is lifted or within 120 days from the date of this order, whichever comes first.
|
|
| Docket Date |
2018-08-28
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
SHLOMO LEVI
|
|
| Docket Date |
2018-03-07
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Upon consideration of the appellant's status report filed on February 28, 2018, the parties are requested to update the court on the status of the bankruptcy proceedings within 120 days or if the stay is lifted, whichever comes first.
|
|
| Docket Date |
2018-02-28
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
SHLOMO LEVI
|
|
| Docket Date |
2018-02-13
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ Appellant shall file a status report regarding the bankruptcy proceedings within 15 days from the date of this order.
|
|
| Docket Date |
2017-06-27
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
SHLOMO LEVI
|
|
| Docket Date |
2017-06-16
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ Appellant's compliance with this court's March 7, 2017 order is overdue. Appellant shall, within 10 days, provide a status report on the bankruptcy proceedings or sanctions may be imposed.
|
|
| Docket Date |
2017-03-07
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ Appellant shall file a status report regarding bankruptcy within 15 days.
|
|
| Docket Date |
2016-08-16
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ This case, currently stayed due to bankruptcy, is reclassified as a nonfinal appeal.
|
|
| Docket Date |
2016-08-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
LEE CLERK
|
|
| Docket Date |
2016-08-12
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ In light of the bankruptcy stay affecting only some of the parties in case no. 2D16-1301, this court has decided to proceed with a separate appeal involving the parties not affected by the bankruptcy stay. Accordingly, the circuit court clerk shall treat this court's order of July 28, 2016, as a notice of appeal, promptly certify same and return it to this court as with any notice of appeal. The new case will carry case no. 2D16-3249. Based on the filing fee paid in the original case, no filing fee is required.
|
|
| Docket Date |
2016-07-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF:Not Required
|
|
| Docket Date |
2016-07-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
SHLOMO LEVI
|
|
| Docket Date |
2016-07-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2018-08-20
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Within ten days from the date of this order, counsel for appellant is directed to update this court on the status of appellant's bankruptcy proceeding.
|
|
| Docket Date |
2017-07-05
|
| Type |
Order
|
| Subtype |
Order re Stay
|
| Description |
bankruptcy stay ~ The parties are directed to inform this court when the bankruptcy court grants relief from the automatic stay or when the stay lapses. If neither of these events occurs within 120 days of this order, the parties are requested to provide this court with individual status reports or a joint report.
|
|
| Docket Date |
2016-07-28
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty ~ **VACATED**(see 08/12/16 ord)Returned $300 filing fee. mp
|
|
|
|
I N F, L L C., et al., VS FLORIDA COMMUNITY BANK
|
2D2016-1301
|
2016-03-23
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Foreclosure
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Lee County
08-CA-0018561
|
Parties
| Name |
177 WEST 126TH STREET, L L C
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
DAVID NIZRI
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
I N F, L L C
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
KEVIN L. HAGEN, ESQ.
|
|
| Name |
SHLOMO LEVI LLC
|
| Role |
Appellant
|
| Status |
Withdrawn
|
|
| Name |
UZI NIZRI
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FLORIDA COMMUNITY BANK
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
COOKE LAW GROUP, PAUL B. FELTMAN, ESQ.
|
|
| Name |
LEE CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-10-04
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2017-09-06
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2017-09-06
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
ORDER GRANTING APPELLEE'S FEES ~ Appellee's motion for appellate attorney's fees is granted in an amount to be determined by the trial court.
|
|
| Docket Date |
2017-03-24
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
FLORIDA COMMUNITY BANK
|
|
| Docket Date |
2017-03-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shall be served by April 15, 2017.
|
|
| Docket Date |
2017-03-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
FLORIDA COMMUNITY BANK
|
|
| Docket Date |
2017-02-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF
|
|
| Docket Date |
2017-02-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
FLORIDA COMMUNITY BANK
|
|
| Docket Date |
2017-01-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF
|
|
| Docket Date |
2017-01-24
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
FLORIDA COMMUNITY BANK
|
|
| Docket Date |
2017-01-17
|
| Type |
Order
|
| Subtype |
Order Striking Stipulation for Extension
|
| Description |
strike stipulation for extension of time
|
|
| Docket Date |
2017-01-17
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ non-final appeal
|
| On Behalf Of |
FLORIDA COMMUNITY BANK
|
|
| Docket Date |
2016-12-27
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
I N F, L L C
|
|
| Docket Date |
2016-12-14
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
FLORIDA COMMUNITY BANK
|
|
| Docket Date |
2016-12-06
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
Order for Immediate Filing of Brief ~ IB
|
|
| Docket Date |
2016-09-22
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-DENYING APPELLEE'S MOTION TO DISMISS ~ The appellee's motion to dismiss is denied. The parties should address this court's jurisdiction over the challenged order in their briefs. [u]Cf.[u] [u]Leff v. Ecker[u], 972 So. 2d 965 (Fla. 3d DCA 2007).
|
|
| Docket Date |
2016-09-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANTS' AMENDED RESPONSE TO APPELLEE'S MOTION TO DISMISS
|
| On Behalf Of |
I N F, L L C
|
|
| Docket Date |
2016-08-30
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-TO FILE RESPONSE ~ A response to the appellee's motion to dismiss incorporated into its July 7, 2016, response is overdue from the appellants. The appellants shall respond to the appellee's jurisdictional argument within 7 days of this order.
|
|
| Docket Date |
2016-08-17
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion-79a ~ AA's request for refund
|
|
| Docket Date |
2016-08-15
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ REQUEST FOR REFUND
|
| On Behalf Of |
I N F, L L C
|
|
| Docket Date |
2016-08-15
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ APPELLANTS' THIRD MOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF and REQUEST FOR REFUND
|
| On Behalf Of |
I N F, L L C
|
|
| Docket Date |
2016-08-05
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-TO FILE RESPONSE ~ A response to this court's July 8, 2016, order is due from the appellants. The appellants shall file a response within 10 days from the present order. The briefing schedule is tolled pending this response. In their response the appellants should remind this court to reset the deadline for the initial brief.
|
|
| Docket Date |
2016-07-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ The appellants' motion for extension of time is granted, as to all appellants except Shlomo Levi, to the extent that the initial brief in appeal 2D16-1301 shall be served within 20 days of this order. The motion is denied as inapplicable to Appellant Shlomo Levi, who may request a briefing schedule in appeal 2D16-3249 upon resolution of, or the lifting of the stay in, his bankruptcy case.
|
|
| Docket Date |
2016-07-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANTS' RESPONSE TO APPELLEE'S RESPONSE TO COURT ORDER DATED JUNE 21, 2016 AND APPEALLANT'S NOTICE OF PREFERENCE
|
| On Behalf Of |
I N F, L L C
|
|
| Docket Date |
2016-07-08
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-TO FILE RESPONSE ~ The appellee's response filed July 7, 2016, is treated as a motion to dismiss. The appellants not affected by the bankruptcy stay shall respond to the motion within 10 days of this order.
|
|
| Docket Date |
2016-07-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE, FLORIDA COMMUNITY BANK, NIKIA NCP FUND I HOLDINGS, INC.'S RESPONSE TO COURT ORDER DATED JUNE 21, 2016 AND APPELLANT'S NOTICE OF PREFERENCE
|
| On Behalf Of |
FLORIDA COMMUNITY BANK
|
|
| Docket Date |
2016-07-07
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ APPELLEE, FLORIDA COMMUNITY BANK, NIKIA NCP FUND I HOLDINGS, INC.'S RESPONSE TO COURT ORDER DATED JUNE 21, 2016 AND APPELLANT'S NOTICE OF PREFERENCE
|
| On Behalf Of |
FLORIDA COMMUNITY BANK
|
|
| Docket Date |
2016-06-29
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ APPELLANTS' NOTICE OF PREFERENCE
|
| On Behalf Of |
I N F, L L C
|
|
| Docket Date |
2016-06-21
|
| Type |
Order
|
| Subtype |
Order re Stay
|
| Description |
bankruptcy stay ~ In light of appellants in the motion for extension of time informing this court that one of the appellants filed for chapter 7 bankruptcy, this court is prevented from any action in this appeal due to the automatic stay provision of 11 U.S.C., Section 362, Bankruptcy Code, unless a party receives stay relief from the bankruptcy court which at this time has jurisdiction. The stay applies only to the appellant who filed the bankruptcy petition. See Reliant Energy Services, Inc. v. Enron Canada Corp., 349 F. 3d 816 (5th Cir. 2003). The parties to whom the stay does not apply shall within 10 days express a preference for delaying the resolution of this appeal until the stay is lifted or for this court to create a new proceeding for them that can be decided during the pendency of the stay. The appellee may reply within 10 days of service of the response.The parties are directed to inform this court when the bankruptcy court grants relief from the automatic stay or when the stay lapses. If neither of these events occurs within 120 days of this order, the parties are requested to provide this court with individual status reports or a joint report.The motion for extension of time remains pending until further order of this court.
|
|
| Docket Date |
2016-05-27
|
| Type |
Notice
|
| Subtype |
Suggestion of Bankruptcy
|
| Description |
Suggestion of Bankruptcy ~ Included in the motion for extension of time - Bankruptcy debtor is AA Shlomo Levi
|
| On Behalf Of |
I N F, L L C
|
|
| Docket Date |
2016-05-27
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
I N F, L L C
|
|
| Docket Date |
2016-04-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF
|
|
| Docket Date |
2016-04-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
I N F, L L C
|
|
| Docket Date |
2016-04-12
|
| Type |
Notice
|
| Subtype |
Notice of Designation of E-mail Address
|
| Description |
Notice of Designation of Email Address
|
| On Behalf Of |
FLORIDA COMMUNITY BANK
|
|
| Docket Date |
2016-03-30
|
| Type |
Order
|
| Subtype |
Nonfinal Appeals
|
| Description |
nonfinal appeal order for initial brief
|
|
| Docket Date |
2016-03-30
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2016-03-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
I N F, L L C
|
|
| Docket Date |
2016-03-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
ROCHELLE HOLDINGS V, LLC, JAMES R. PALMER, LISA J. PALMER AND THE LAW OFFICES OF PALMER, REIFLER & ASSOCIATES, P.A. VS FLORIDA COMMUNITY BANK
|
5D2015-4491
|
2015-12-29
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Ninth Judicial Circuit, Osceola County
2009-CA-026702-O
|
Parties
| Name |
Lisa J. Palmer
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
JAMES R. PALMER
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ROCHELLE HOLDINGS V, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
James M. Talley
|
|
| Name |
LAW OFFICES OF PALMER, REIFLER & ASSOC, PA
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FLORIDA COMMUNITY BANK
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Andrew Fulton
|
|
| Name |
Hon. Janet C. Thorpe
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Orange Cty Circuit Ct Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-05-06
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD
|
|
| Docket Date |
2016-05-06
|
| Type |
Mandate
|
| Subtype |
Notice Memorandum
|
| Description |
Notice Memorandum
|
|
| Docket Date |
2016-04-19
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2016-04-19
|
| Type |
Order
|
| Subtype |
Order on Motion/Notice Voluntary Dismissal (non-dispositive)
|
| Description |
Order Granting Voluntary Dismissal
|
|
| Docket Date |
2016-04-18
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ JT STIP
|
| On Behalf Of |
ROCHELLE HOLDINGS V, LLC
|
|
| Docket Date |
2016-03-28
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ JT STIP FOR SUBST OF COUNSEL
|
| On Behalf Of |
FLORIDA COMMUNITY BANK
|
|
| Docket Date |
2016-03-22
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ AGREED EOT TO FILE INIT BRF TO 5/7
|
| On Behalf Of |
ROCHELLE HOLDINGS V, LLC
|
|
| Docket Date |
2016-02-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Court Reporter
|
| Description |
Grant EOT Court Reporter Transcript-CR Req.
|
|
| Docket Date |
2016-02-08
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion for Extension of Time for Court Reporter
|
| Description |
Motion Extension of Time Cort Rpter Trans-Cr Req
|
|
| Docket Date |
2016-02-08
|
| Type |
Misc. Events
|
| Subtype |
Court Reporter Acknowledgement Letter
|
| Description |
Court Reporter Ack. Letter ~ AMENDED
|
|
| Docket Date |
2016-01-13
|
| Type |
Order
|
| Subtype |
Order Declining Referral to Mediation
|
| Description |
ORD- Declining Referral to Mediation
|
|
| Docket Date |
2016-01-12
|
| Type |
Mediation
|
| Subtype |
Confidential Statement
|
| Description |
Confidential Statement ~ AE DONALD A. MIHOKOVICH 0858447
|
| On Behalf Of |
FLORIDA COMMUNITY BANK
|
|
| Docket Date |
2016-01-11
|
| Type |
Mediation
|
| Subtype |
Mediation Questionnaire
|
| Description |
Mediation Questionnaire ~ AE DONALD A. MIHOKOVICH 0858447
|
| On Behalf Of |
FLORIDA COMMUNITY BANK
|
|
| Docket Date |
2016-01-08
|
| Type |
Mediation
|
| Subtype |
Confidential Statement
|
| Description |
Confidential Statement ~ AA JAMES M. TALLEY 0331961
|
| On Behalf Of |
ROCHELLE HOLDINGS V, LLC
|
|
| Docket Date |
2016-01-05
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
FLORIDA COMMUNITY BANK
|
|
| Docket Date |
2015-12-29
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2015-12-29
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2015-12-29
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 12/21/15
|
| On Behalf Of |
ROCHELLE HOLDINGS V, LLC
|
|
| Docket Date |
2015-12-29
|
| Type |
Mediation
|
| Subtype |
Other
|
| Description |
Mediation Packet
|
|
| Docket Date |
2015-12-29
|
| Type |
Order
|
| Subtype |
Mediation Letter to LT
|
| Description |
Mediation Letter to L.T.
|
|
|
