| Docket Date |
2019-05-01
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion
|
|
| Docket Date |
2019-07-08
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ CORRECTED NOTICE.
|
| On Behalf Of |
GINO ALESSIO
|
|
| Docket Date |
2019-07-02
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ CORRECTED NOTICE FILED.
|
| On Behalf Of |
GINO ALESSIO
|
|
| Docket Date |
2019-06-21
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2019-06-21
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2019-06-04
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Deny Certification of Cause to S.C. ~ ORDERED that the appellee's May 16, 2019 “motion for certification to Supreme Court” is denied.
|
|
| Docket Date |
2019-05-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR CERTIFICATION TO SUPREME COURT
|
| On Behalf Of |
GINO ALESSIO
|
|
| Docket Date |
2019-05-16
|
| Type |
Notice
|
| Subtype |
Suggestion for Immediate Resolution by FSC 9.125
|
| Description |
Motion Suggest to Cert. Cause to S.C.
|
| On Behalf Of |
OneWest Bank FSB
|
|
| Docket Date |
2019-05-01
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that the appellants’ September 5, 2018 motion for appellate attorneys’ fees is granted. On remand, the trial court shall set 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, FurtherORDERED that the motion for costs filed by Kendrick Almaguer is denied without prejudice to seek costs in the trial court.
|
|
| Docket Date |
2019-02-20
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
GINO ALESSIO
|
|
| Docket Date |
2019-02-07
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
| Docket Date |
2019-02-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORD-Reply Brief to be Served ~ ORDERED that appellants' January 31, 2019 motion for extension of time is granted, and appellants shall serve the reply brief within fifteen (15) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it will be subject to being stricken, or the court in its discretion may impose other sanctions. Appellants are advised that no further extensions will be granted absent a detailed explanation for why the reply brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant.
|
|
| Docket Date |
2019-01-31
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
GINO ALESSIO
|
|
| Docket Date |
2019-01-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellants' January 16, 2019 motion for extension of time is granted, and appellants shall serve the reply brief within fifteen (15) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2019-01-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
GINO ALESSIO
|
|
| Docket Date |
2018-12-27
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
OneWest Bank FSB
|
|
| Docket Date |
2018-12-07
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that the appellee's December 6, 2018 motion to supplement the record is granted, and the record is supplemented to include the pleadings listed in the motion. Said supplemental record is deemed filed as of the date of this order.
|
|
| Docket Date |
2018-12-07
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ **MOTION GRANTED 12/7/18**
|
| On Behalf Of |
OneWest Bank FSB
|
|
| Docket Date |
2018-12-06
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
OneWest Bank FSB
|
|
| Docket Date |
2018-11-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ Upon consideration of appellants’ November 15, 2018 objection, it is ORDERED that appellee's November 14, 2018 motion for extension of time is granted, and appellee shall serve the answer brief within thirty (30) days from the date of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal. Counsel for appellee is reminded that requests for extension of time should be filed before the deadline, not after.
|
|
| Docket Date |
2018-11-15
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
Objection ~ TO REQUEST FOR EXTENSION OF TIME
|
| On Behalf Of |
GINO ALESSIO
|
|
| Docket Date |
2018-11-14
|
| 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 |
OneWest Bank FSB
|
|
| Docket Date |
2018-10-15
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ Upon consideration of appellants' October 10, 2018 objection, it is ORDERED that appellee's October 1, 2018 motion to correct case style is granted, and the caption in the above-referenced case is corrected to change the name of the appellee to Ocwen Loan Servicing, LLC. All future filings shall reflect this change.
|
|
| Docket Date |
2018-10-10
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
Objection ~ TO MOTION TO CORRECT CASE STYLE
|
| On Behalf Of |
GINO ALESSIO
|
|
| Docket Date |
2018-10-01
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO CORRECT CASE STYLE.
|
| On Behalf Of |
OneWest Bank FSB
|
|
| Docket Date |
2018-09-26
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 10/31/18
|
|
| Docket Date |
2018-09-26
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
OneWest Bank FSB
|
|
| Docket Date |
2018-09-20
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR APPELLATE ATTORNEYS' FEES AND COSTS
|
| On Behalf Of |
OneWest Bank FSB
|
|
| Docket Date |
2018-09-12
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ SUPPLEMENTAL RECORD PER 08/31/2018 ORDER; 179 PAGES
|
|
| Docket Date |
2018-09-05
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
GINO ALESSIO
|
|
| Docket Date |
2018-09-05
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
GINO ALESSIO
|
|
| Docket Date |
2018-09-05
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
GINO ALESSIO
|
|
| Docket Date |
2018-08-31
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellants' August 29, 2018 motion to supplement the record is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from the date of this order. Appellant shall monitor the supplementation process.
|
|
| Docket Date |
2018-08-29
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
GINO ALESSIO
|
|
| Docket Date |
2018-08-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellants' August 16, 2018 motion for extension of time is granted, and appellants shall serve the initial brief within ten (10) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellants are advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant.
|
|
| Docket Date |
2018-08-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ (AMENDED)
|
| On Behalf Of |
GINO ALESSIO
|
|
| Docket Date |
2018-08-15
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ **SEE AMENDED MOTION**
|
| On Behalf Of |
GINO ALESSIO
|
|
| Docket Date |
2018-07-31
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 8/16/18
|
|
| Docket Date |
2018-07-31
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
GINO ALESSIO
|
|
| Docket Date |
2018-07-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
GINO ALESSIO
|
|
| Docket Date |
2018-07-02
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 8/1/18
|
|
| Docket Date |
2018-06-04
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-Discharging Show Cause ~ ORDERED that upon consideration of appellant's response filed June 1, 2018, this court's May 22, 2018 order to show cause is discharged.
|
|
| Docket Date |
2018-06-01
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 45 DAYS TO 7/2/18
|
|
| Docket Date |
2018-06-01
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
GINO ALESSIO
|
|
| Docket Date |
2018-06-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
GINO ALESSIO
|
|
| Docket Date |
2018-05-22
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ***DISCHARGED 6/4/18***ORDERED that appellants in the above-styled case are directed to show cause in writing, if any there be, on or before June 1, 2018, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellants' initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2018-05-07
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 643 PAGES
|
|
| Docket Date |
2018-04-25
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
OneWest Bank FSB
|
|
| Docket Date |
2018-03-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2018-03-13
|
| 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 |
2018-03-12
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
GINO ALESSIO
|
|
| Docket Date |
2018-03-12
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
