| Classification |
NOA Final - County Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County
CONO15-001086
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Parties
| Name |
SUNTRUST BANK
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Michael J. Farrar
|
|
| Name |
ELLESMERE "D" CONDOMINIUM ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Mark S. Mucci, Ira Baker, Association Law Group, P.L., R.A.
|
|
| Name |
Arnold Weiss
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CVRF Deerfield Ltd.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Tenant/All Other in Possession
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Steven P. DeLuca
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-10-25
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2021-10-12
|
| Type |
Motions Other
|
| Subtype |
Motion/Request for Judicial Notice
|
| Description |
Motion/Request for Judicial Notice
|
| On Behalf Of |
Ellesmere D Condominium Association, Inc.
|
|
| Docket Date |
2021-10-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLEE'S MOTION FOR JUDICIAL NOTICE
|
| On Behalf Of |
Suntrust Bank
|
|
| Docket Date |
2021-10-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO DISMISS
|
| On Behalf Of |
Suntrust Bank
|
|
| Docket Date |
2021-10-06
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
Ellesmere D Condominium Association, Inc.
|
|
| Docket Date |
2021-09-08
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Suntrust Bank
|
|
| Docket Date |
2021-09-01
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ ORDERED sua sponte the above-styled appeal is dismissed in part for lack of subject matter jurisdiction as to the July 19, 2017 amended order on motion to establish equitable lien regarding 199 Ellesmere D. Deerfield Beach, Fl 33442. This appeal shall proceed as to only the May 28, 2021 order denying defendant’s motion for reconsideration.MAY, CIKLIN and LEVINE, JJ., concur.
|
|
| Docket Date |
2021-08-20
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 70 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-08-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Ellesmere D Condominium Association, Inc.
|
|
| Docket Date |
2021-08-17
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Ellesmere D Condominium Association, Inc.
|
|
| Docket Date |
2021-08-16
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellees’ August 13, 2021 response is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2021-08-13
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Ellesmere D Condominium Association, Inc.
|
|
| Docket Date |
2021-08-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Ellesmere D Condominium Association, Inc.
|
|
| Docket Date |
2021-08-05
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Suntrust Bank
|
|
| Docket Date |
2021-08-05
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Suntrust Bank
|
|
| Docket Date |
2021-08-02
|
| 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 the notice of appeal is timely filed, as the January 5, 2020 motion for reconsideration was untimely filed. See Fla. R. Civ. P. 1.530(b), 1.540(b). The January 5, 2020 motion for reconsideration does not toll the time of rendition as to the July 19, 2017 order on appeal. See Fla. R. App. P. 9.020(h)(1). Further,Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2021-07-29
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2021-07-29
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Suntrust Bank
|
|
| Docket Date |
2021-07-29
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-10-25
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Granting Aplee's Motion to Dismiss ~ ORDERED that appellees’ October 6, 2021 motion to dismiss is granted. See Nationwide Ins. Co. v. Forrest, 682 So. 2d 672, 673 (Fla. 4th DCA 1996) (stating an order denying a motion for rehearing is not an appealable order); Agere Systems Inc. v. All American Crating, Inc., 931 So. 2d 244, 245 (Fla. 5th DCA 2006) (“An order that simply denies a motion for rehearing of an underlying non-final order, is not itself an appealable order.”). Further,ORDERED that appellees’ October 12, 2021 motions for judicial notice are denied as moot.CONNER, C.J., MAY and DAMOORGIAN, JJ., concur.
|
|
| Docket Date |
2021-07-29
|
| 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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes, is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. 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 lower tribunal clerk's determination of indigent status is filed.
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