| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE16000896(25)
|
Parties
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
VICTORIA VEYTSMAN
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
MATTHEW JOSEPH TROCCOLI
|
|
| Name |
SOUTHPOINT CONDOMINIUM ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Andrea L. Pearl
|
|
| Name |
Hon. Carol-Lisa Phillips
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-10-24
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed as Untimely ~ Upon consideration of appellant's September 29, 2017 jurisdictional statement, the court finds that the appeal is untimely. The recording date of August 8, 2017 is not the operative date for purposes of rendition. Rendition occurs when the order is signed and filed with the clerk of the lower tribunal. Here, the order was both signed and filed with the clerk on August 2, 2017, as shown by the electronic date stamp directly below the recording stamp, as well as by the "filed in open court" stamp to the right of the case caption. See Casto v. Casto, 404 So. 2d 1046, 1047 (Fla. 1981) (explaining that the 1977 amendments to the Florida Rules of Appellate Procedure "explicitly changed the definition of ‘rendition’ so that it no longer refers to the recording of a judgment and now refers to its filing."). Accordingly, it is ORDERED that this appeal is dismissed as untimely.CIKLIN, CONNER and KLINGENSMITH, JJ., concur.
|
|
| Docket Date |
2017-10-24
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2017-09-29
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
VICTORIA VEYTSMAN
|
|
| Docket Date |
2017-09-19
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that within ten (10) days from the date of this order appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how this appeal is timely, as it is the date on which the judgment rendered—that is, signed and filed—that starts the time to appeal, not the recording date. See Fla. R. App. P. 9.110 (b) and 9.020 (i), see also generally Harris v. State, 88 So. 3d 167 (Fla. 3d DCA 2012). FurtherAppellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2017-09-18
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date 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 Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal 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: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and 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 the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2017-09-18
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2017-09-06
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
VICTORIA VEYTSMAN
|
|
| Docket Date |
2017-09-06
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
