|
Lilia Belkova Russo, Petitioner(s) v. Deer Run Property Owners' Association, Inc., Respondent(s)
|
SC2024-1866
|
2024-12-30
|
Open
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
4th District Court of Appeal
4D2024-2184;
|
Parties
| Name |
Lilia Belkova Russo
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
DEER RUN PROPERTY OWNERS' ASSOCIATION, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Steven Robert Braten, Anthony Arash Arsali
|
|
| Name |
Hon. Danielle A Sherriff
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
4DCA Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-12-30
|
| Type |
Order
|
| Subtype |
Stay Proceedings FSC (DCA Reh)
|
| Description |
The proceedings in the above cause are hereby stayed in this Court pending disposition of the Motion for Rehearing in the Fourth District Court of Appeal.
Petitioner is to advise this Court thirty days from the date of this order, and every thirty days thereafter, of the status of the motion for rehearing which is now pending in said district court.
|
| View |
View File
|
|
| Docket Date |
2024-12-30
|
| Type |
Event
|
| Subtype |
No Fee - Insolvent
|
| Description |
No Fee - Insolvent Below
|
|
| Docket Date |
2024-12-30
|
| Type |
Letter-Case (SC)
|
| Subtype |
Acknowledgment Letter-New Case
|
| Description |
The Florida Supreme Court has received the Notice to Invoke Discretionary Jurisdiction reflecting a filing date of December 30, 2024, seeking review of order dated November 25, 2024.
|
| View |
View File
|
|
| Docket Date |
2024-12-30
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
Notice to Invoke Discretionary Jurisdiction
|
| View |
View File
|
|
|
|
LILIA BELKOVA RUSSO, as Successor Trustee, etc., et al., Appellant(s) v. DEER RUN PROPERTY OWNERS' ASSOCIATION, INC., Appellee(s).
|
4D2024-2184
|
2024-08-26
|
Open
|
|
| Classification |
NOA Final - County Civil - Foreclosure/RealProperty/Mortgage
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502017CC001472XXX
|
Parties
| Name |
Lilia Belkova Russo
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Land Trust Agreement, No:072003 Dated 2/9/04
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Unknown Tenant One
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Unknown Tenant Two
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Steven Robert Braten
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DEER RUN PROPERTY OWNERS' ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Steven Robert Braten, Anthony Arash Arsali
|
|
| Name |
Anisa Nazarova
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Nicholas Arsali
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Danielle A Sherriff
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-10-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Appellant's Statement Explaining the Basis for Subject Matter Jurisdiction Over the Orders Appealed.
|
| View |
View File
|
|
| Docket Date |
2024-10-16
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
ORDERED that Appellant is directed to file a status report, within five (5) days from the date of this order, regarding the progress being made toward the settlement.
|
| View |
View File
|
|
| Docket Date |
2024-10-17
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORDERED that this court's October 16, 2024 order is vacated.
|
| View |
View File
|
|
| Docket Date |
2024-09-20
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
Appellee's Opposition to Appellant's Motion for Extension of Time to Respond to Nicholas Arsali, Motion to Dismiss Appeal
|
| View |
View File
|
|
| Docket Date |
2024-09-19
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Appellant's Motion for Extension of Time to Respond to Nicholas Arsali, Purported Third Party Purchaser's Pro Se Motion to Dismiss Appeal
|
| View |
View File
|
|
| Docket Date |
2024-09-17
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
AMENDED OPPOSITION TO AMENDED MOTION FOR EXTENSION OF TIME TO COMPLY
WITH THE COURT'S SEPTEMBER 4TH ORDER
|
| View |
View File
|
|
| Docket Date |
2024-09-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
***See amended motion.***Motion for Extension of Time to File Response
|
| View |
View File
|
|
| Docket Date |
2024-09-05
|
| Type |
Order
|
| Subtype |
Order on Request for Emergency Treatment
|
| Description |
ORDERED that Appellee's September 3, 2024 request for emergency treatment is denied. The court will handle the filing in the normal course of business. No motion for rehearing as to this order will be entertained.
|
| View |
View File
|
|
| Docket Date |
2024-09-04
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
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 why a separate Petition for Writ of Prohibition should not be filed as to the August 16, 2024 "Order Denying Defendant's Motion to Disqualify" as the Supreme Court of Florida "has recognized that prohibition is a proper remedy to seek review of the denial of a motion to disqualify." See Sutton v. State, 975 So. 2d 1073, 1077 (Fla. 2008). Further,
Appellee may file a response within ten (10) days of service of that statement.
|
| View |
View File
|
|
| Docket Date |
2024-09-04
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| View |
View File
|
|
| Docket Date |
2024-08-27
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigency
|
|
| Docket Date |
2024-08-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-08-27
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2025-01-01
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing and Rehearing En Banc
|
| Description |
Motion for Rehearing and Rehearing En Banc and Clarification
|
|
| Docket Date |
2024-12-30
|
| Type |
Supreme Court
|
| Subtype |
Review Sent to Supreme Court
|
| Description |
Review Sent to Supreme Court
|
| View |
View File
|
|
| Docket Date |
2024-12-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORDERED that Appellant's December 10, 2024 motion for extension of time is granted. Appellant shall file motion for rehearing on or before December 31, 2024.
|
| View |
View File
|
|
| Docket Date |
2024-12-27
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice to Invok. Disc. Jur. FSC
|
| View |
View File
|
|
| Docket Date |
2024-12-11
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time to File Motion for Rehearing
|
| View |
View File
|
|
| Docket Date |
2024-11-25
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDERED that, upon consideration of appellant's October 29, 2024 responses, appellee's September 3, 2024 motion to dismiss is granted, and the above-styled appeal is dismissed. See Griner v. Rockridge Prop. Owners Ass'n, 59 So. 3d 1143, 1143 (Fla. 2d DCA 2011) ("Because a trustee may not appear pro se on behalf of a trust, see EHQF Tr. v. S & A Capital Partners, Inc., 947 So. 2d 606 (Fla. 4th DCA 2007), this appeal is dismissed."). Further, ORDERED that appellee's October 29, 2024 reply is stricken as unauthorized.
CIKLIN, CONNER and KUNTZ, JJ., concur.
|
| View |
View File
|
|
| Docket Date |
2024-09-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
ORDERED that, upon consideration of appellee's September 17, 2024 response, appellant's September 17, 2024 amended motion for extension of time to file a response to this court's September 4, 2024 order to file a jurisdictional brief is granted. Appellant shall file the jurisdictional brief on or before October 26, 2024. No further extensions will be granted. Further,
ORDERED that appellant's September 18, 2024 motion for extension of time to respond to appellee's September 3, 2024 motion to dismiss is granted. Appellant shall file the response on or before October 26, 2024. No further extensions will be granted. Further,
ORDERED that appellant is advised that failure to comply with this order will result in dismissal of this appeal without further notice.
|
| View |
View File
|
|
|
|
LILIA BELKOVA, Appellant(s) v. DEER RUN PROPERTY OWNERS' ASSOCIATION, INC., Appellee(s).
|
4D2024-1761
|
2024-07-11
|
Closed
|
|
| Classification |
NOA Final - County Civil - Foreclosure/RealProperty/Mortgage
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Fifteenth Judicial Circuit, Palm Beach County
502017CC001472
|
Parties
| Name |
Lilia Belkova Russo
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
DEER RUN PROPERTY OWNERS' ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Steven Robert Braten, Anthony Arash Arsali
|
|
| Name |
Nicholas Arsali
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Danielle A Sherriff
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-08-08
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDERED sua sponte that the above-styled appeal is dismissed for non-payment of the $300.00 filing fee.
|
| View |
View File
|
|
| Docket Date |
2024-07-25
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORDERED that attorney Thomas L. Hunker's July 24, 2024 motion of to withdraw as counsel is granted. Accordingly, it is ORDERED that all filings shall be sent to Appellant Lilia Belkova at the email address appearing below: drliliabelkova@gmail.com
|
| View |
View File
|
|
| Docket Date |
2024-07-24
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
|
| Docket Date |
2024-07-11
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-07-11
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-07-12
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
The Notice of Appeal seeks an appeal of the order denying a motion for rehearing. An order denying a motion for rehearing is not independently appealable. Within ten (10) days from the date of this order, Appellant shall submit a conformed copy of the underlying order which is the subject of the motion for rehearing for the purpose of determining whether the filing of the motion for rehearing tolled the jurisdictional time limit of the filing of the Notice of Appeal of the underlying order from which Appellant seeks review.
|
| View |
View File
|
|
| Docket Date |
2024-07-11
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
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 (2023), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY. ORDERED, 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 the entry 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. If Appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, Appellant shall file a copy of that order in this court. If Appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, Appellant shall complete the enclosed application and mail to the clerk of the lower tribunal within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The clerk of the lower tribunal shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of Appellant to comply with this order will result in the dismissal of this appeal. **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.
|
| View |
View File
|
|
|
|
ANISA NAZAROVA, Appellant(s) v. DEER RUN PROPERTY OWNERS' ASSOCIATION, INC., et al., Appellee(s).
|
4D2024-1770
|
2024-07-09
|
Open
|
|
| Classification |
NOA Final - County Civil - Foreclosure/RealProperty/Mortgage
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502017CC001472XXX
|
Parties
| Name |
Anisa Nazarova
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
DEER RUN PROPERTY OWNERS' ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Steven Robert Braten, Anthony Arash Arsali
|
|
| Name |
Lilia Belkova Russo
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Unknown Tenant One
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Unknown Tenant Two
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Land Trust Agreement, No:072003 Dated 2/9/04
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Danielle A Sherriff
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time to File Motion of Rehearing
|
| View |
View File
|
|
| Docket Date |
2024-10-29
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDERED that upon consideration of the appellant's September 27, 2024 response and October 4, 2024 amended responses, the appellees' August 2, 2024 motion to dismiss is granted. See Portfolio Invs. Corp. v. Deutsche Bank Nat'l Tr. Co., 81 So. 3d 534, 536 (Fla. 3d DCA 2012) ("[A] non-party in the lower tribunal is a 'stranger to the record' and, therefore, lacks standing to appeal an order entered by the lower tribunal.") (citing Barnett v. Barnett, 705 So. 2d 63, 64 (Fla. 4th DCA 1997)).
GROSS, MAY, and FORST, JJ., concur.
|
| View |
View File
|
|
| Docket Date |
2024-10-04
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Second Amended Response to Motion to Dismiss
|
|
| Docket Date |
2024-10-04
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
**Amended** Motion to Amend Response
|
| View |
View File
|
|
| Docket Date |
2024-09-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Motion to Dismiss Appeal
|
| View |
View File
|
|
| Docket Date |
2024-09-25
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Appellant's Second Amended Motion for Extension of Time to File Response to Appellees' Joint Motion to Dismiss Appeal
|
|
| Docket Date |
2024-09-24
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Appellant's Amended Motion for Extension of Time to File Response to Joint Motion to Dismiss Appeal for Lack of Standing.
|
| On Behalf Of |
Anisa Nazarova
|
| View |
View File
|
|
| Docket Date |
2024-09-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Appellee's Opposition to Appellant's Untimely Third Motion for Extension Without Any Reasoning Whatsoever
|
| View |
View File
|
|
| Docket Date |
2024-09-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Appellant's Motion for Extension of Time to File Response to Joint Motion to Dismiss Appeal for Lack of Standing
|
| View |
View File
|
|
| Docket Date |
2024-09-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
ORDERED that, upon consideration of Appellee's September 10, 2024 response, Appellant's September 9, 2024 motion for extension of time is granted. Appellant may file a response to Appellee's August 2, 2024 motion to dismiss within five (5) days from the date of this order.
|
| View |
View File
|
|
| Docket Date |
2024-09-10
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
Objection to Appellant's Second Motion for Extension of Time
|
| View |
View File
|
|
| Docket Date |
2024-09-10
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| View |
View File
|
|
| Docket Date |
2024-09-09
|
| Type |
Order
|
| Subtype |
Order on Request for Emergency Treatment
|
| Description |
ORDERED that Appellee's September 4, 2024 request for emergency treatment is denied. The court will handle the filing in the normal course of business. No motion for rehearing as to this order will be entertained.
|
| View |
View File
|
|
| Docket Date |
2024-09-04
|
| Type |
Motions Other
|
| Subtype |
Request for Emergency Treatment
|
| Description |
Appellee's Request for Emergency Treatment
|
|
| Docket Date |
2024-08-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
ORDERED that, upon consideration of Appellee's August 21, 2024 response, Appellant's August 20, 2024 motion for extension of time is granted. Appellant may file a response to Appellee's August 2, 2024 motion to dismiss within fifteen (15) days from the date of this order.
|
| View |
View File
|
|
| Docket Date |
2024-08-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response in Opposition to Appellant's Motion for Extension of Time to file Response
|
| View |
View File
|
|
| Docket Date |
2024-08-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| View |
View File
|
|
| Docket Date |
2024-08-02
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion to Dismiss Appeal
|
| View |
View File
|
|
| Docket Date |
2024-08-02
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| View |
View File
|
|
| Docket Date |
2024-07-25
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORDERED that attorney Thomas L. Hunker's July 24, 2024 motion of to withdraw as counsel is granted. Accordingly, it is
ORDERED that all filings shall be sent to Appellant Anisa Nazarova at the email address appearing below:
|
| View |
View File
|
|
| Docket Date |
2024-07-24
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
|
| Docket Date |
2024-07-24
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Case Filing Fee Paid - $300
|
| View |
View File
|
|
| Docket Date |
2024-07-12
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal **Certified Copy**
|
| On Behalf Of |
Palm Beach Clerk
|
|
| Docket Date |
2024-07-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-07-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-12-19
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing
|
| View |
View File
|
|
| Docket Date |
2024-12-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORDERED that Appellant's November 13, 2024 motion for extension of time is granted, and the time for filing a motion for rehearing is extended fifteen (15) days from the date of this order.
|
| View |
View File
|
|
| Docket Date |
2024-10-04
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
***See 2nd Amended Response*** Amended Response to Motion to Dismiss Appeal
|
| View |
View File
|
|
| Docket Date |
2024-09-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
ORDERED that, upon consideration of appellee's September 23, 2024 response, appellant's September 24, 2024 amended motion for extension of time to file response is granted. Appellant shall file a response to appellee's August 2, 2024 motion to dismiss within one (1) day from the date of this order. No further extensions of time shall be granted.
|
| View |
View File
|
|
| Docket Date |
2024-07-12
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
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 (2023), 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 a lower tribunal clerk's determination of indigency 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. If Appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this or any other criminal case and has remained incarcerated since that time, please file a copy of that order in this court. See Fla. R. App. P. 9.430(c)(1)(B).
**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.
|
| View |
View File
|
|
|
|
Lilia Belkova, etc. Petitioner(s) v. Deer Run Property Owners' Association, Inc., et al, Respondent(s)
|
SC2023-1399
|
2023-10-10
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
4th District Court of Appeal
4D2021-2924;
|
Parties
| Name |
Lilia Belkova
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Thomas Lee Hunker, Andrew Brooks Greenlee, Virginia Ashley Paxton
|
|
| Name |
DEER RUN PROPERTY OWNERS' ASSOCIATION, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Steven Robert Braten
|
|
| Name |
4DCA Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Third Party Purchaser Nicholas Arsali
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Anthony Arash Arsali
|
|
| Name |
Hon. Sarah Levien Shullman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-12-08
|
| Type |
Order
|
| Subtype |
Reply to Response Filing
|
| Description |
Respondents Deer Run Property Owners Association, Inc. and Nicholas Arsali's Motion for Leave to File Reply to Petitioner's Response to Order to Show Cause is granted and said reply was filed with this Court on December 7, 2023.
|
| View |
View File
|
|
| Docket Date |
2023-12-07
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Respondents Deer Run Property Owners Association, Inc. and Nicholas Arsali's Reply to Petitioner's Response to Order to Show Cause
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2023-12-07
|
| Type |
Motion
|
| Subtype |
Reply Filing to Response
|
| Description |
Respondents Deer Run Property Owners Association, Inc. and Nicholas Arsali's Motion for Leave to File Reply to Petitioner's Response to Order to Show Cause
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2023-12-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
Lilia Belkova
|
| View |
View File
|
|
| Docket Date |
2023-12-05
|
| Type |
Notice
|
| Subtype |
Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Lilia Belkova
|
| View |
View File
|
|
| Docket Date |
2023-11-30
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Having considered Respondents' October 17, 2023, joint response in opposition to Petitioner's first extension request and Respondents' request therein to dismiss this cause as untimely, Petitioner is directed to file a reply and show cause why this case should not be dismissed as untimely within five (5) days of the date of this order.
|
| View |
View File
|
|
| Docket Date |
2023-11-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Respondents Deer Run Property Owners Association, Inc. and Nicholas Arsali's Joint Response in Opposition to Petitioner's Second Motion for Extension of Time to File Jurisdictional Brief
|
| On Behalf Of |
Third Party Purchaser Nicholas Arsali
|
| View |
View File
|
|
| Docket Date |
2023-11-08
|
| Type |
Motion
|
| Subtype |
Ext of Time (Juris Brief-Initial)
|
| Description |
Motion for Extension of Time to File Initial Brief on Jurisdiction
|
| On Behalf Of |
Lilia Belkova
|
| View |
View File
|
|
| Docket Date |
2023-10-24
|
| Type |
Order
|
| Subtype |
In Forma Pauperis
|
| Description |
Petitioner's motion for leave to proceed in forma pauperis is hereby denied as moot.
|
| View |
View File
|
|
| Docket Date |
2023-10-24
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
|
| Docket Date |
2023-10-24
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
Lilia Belkova
|
| View |
View File
|
|
| Docket Date |
2023-10-23
|
| Type |
Motion
|
| Subtype |
In Forma Pauperis
|
| Description |
Motion for Leave to Proceed In Forma Pauperis
|
| On Behalf Of |
Lilia Belkova
|
| View |
View File
|
|
| Docket Date |
2023-10-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Respondents Deer Run Property Owners Association, Inc. and Nicholas Arsali's Joint Response in Opposition to Petitioner's Motion for Extension of Time to File Jurisdictional Brief
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2023-10-16
|
| Type |
Motion
|
| Subtype |
Ext of Time (Juris Brief-Initial)
|
| Description |
Motion for Extension of Time to File Initial Brief on Jurisdiction
|
| On Behalf Of |
Lilia Belkova
|
| View |
View File
|
|
| Docket Date |
2023-10-11
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
| Description |
Acknowledgment Letter-New Case-Pay Fee
|
| View |
View File
|
|
| Docket Date |
2023-10-10
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
Notice to Invoke Discretionary Jurisdiction
|
| On Behalf Of |
Lilia Belkova
|
| View |
View File
|
|
| Docket Date |
2024-01-24
|
| Type |
Order
|
| Subtype |
Extension of Time (Juris Brief)
|
| Description |
Petitioner's Motion for Extension of Time to File Initial Brief on Jurisdiction is hereby denied as moot.
|
| View |
View File
|
|
| Docket Date |
2024-01-24
|
| Type |
Disposition
|
| Subtype |
Dism Grant
|
| Description |
Having considered Petitioner's response to this Court's November 30, 2023, show cause order and Respondents' reply, the Court grants Respondents' October 17, 2023, request to dismiss the case as untimely. This cause is hereby dismissed. See Fla. R. App. P. 9.120(b); compare Fla. R. App. P. 9.300 ("service of a motion shall toll the time schedule of any proceeding in the court") with Fla. R. App. P. 9.020(h) (providing that a timely and authorized motion for rehearing will toll rendition of the order on review).
|
| View |
View File
|
|
| Docket Date |
2023-10-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Respondent Nicholas Arsali's Response in Opposition to Petitioner's Motion for Leave to Proceed In Forma Pauperis/Affidavit of Indigency by Petitioner/Appellant
|
| On Behalf Of |
Third Party Purchaser Nicholas Arsali
|
| View |
View File
|
|
| Docket Date |
2023-10-18
|
| Type |
Motion
|
| Subtype |
Dismiss
|
| Description |
Filed as "Respondents Deer Run Property Owners Association, Inc. and Nicholas Arsali's Joint Response in Opposition to Petitioner's Motion for Extension of Time to File Jurisdictional Brief"
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
| View |
View File
|
|
|
|
LILIA BELKOVA, Individually and as Trustee of LAND TRUST 072003, etc., Appellant(s) v. DEER RUN PROPERTY OWNERS' ASSOCIATION, INC., et al., Appellee(s).
|
4D2022-1202
|
2022-05-02
|
Closed
|
|
| Classification |
NOA Final - County Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Fifteenth Judicial Circuit, Palm Beach County
502017CC001472XXXXMB
|
Parties
| Name |
Land Trust Agreement, No:072003 Dated 2/9/04
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Lilia Belkova
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Thomas Lee Hunker, Sarah Hafeez
|
|
| Name |
DEER RUN PROPERTY OWNERS' ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Anthony Arash Arsali, Steven Robert Braten, Dina Lynn Rosenbaum
|
|
| Name |
UNKNOWN TENANT #2
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
UNKNOWN TENANT #1
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Sarah L. Shullman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-04-27
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellee is directed to respond, within ten (10) days from the date of this order, to appellant’s April 6, 2023 amended motion to supplement the record.
|
|
| Docket Date |
2024-04-02
|
| Type |
Order
|
| Subtype |
Order on Motion to Recall Mandate
|
| Description |
Order on Motion to Recall Mandate
|
| View |
View File
|
|
| Docket Date |
2024-03-11
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
|
| Docket Date |
2024-03-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE IN OPPOSITION TO APPELLANT'S MOTION TO RECALL MANDATE
|
|
| Docket Date |
2024-03-05
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion to Recall Mandate
|
| Description |
Motion to Recall Mandate
|
|
| Docket Date |
2024-03-05
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Continued Appearance for Trust and Termination of Appearance for Belkova
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2023-12-04
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-11-03
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2022-11-21
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2023-09-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORDERED that Appellant's September 7, 2023 motion for extension of time is denied.
|
| View |
View File
|
|
| Docket Date |
2023-09-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO FILE MOTION FOR REHEARING
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2023-08-23
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that appellant’s April 5, 2023 motion for appellate attorney's fees is denied.
|
|
| Docket Date |
2023-08-23
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Citation
|
|
| Docket Date |
2023-08-08
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Deny Motion to Supplement Record ~ ORDERED that appellant's August 7, 2023 motion to supplement the record is denied.
|
|
| Docket Date |
2023-08-07
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ ANSWER BRIEFS AND APPENDIX
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2023-08-07
|
| 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 |
Lilia Belkova
|
|
| Docket Date |
2023-08-07
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2023-08-07
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ PROPOSED
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2023-08-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Denying Extension of Reply Brief ~ ORDERED that appellants’ August 7, 2023 motion for extension of time to file the reply brief is denied. Further,ORDERED that appellants’ August 7, 2023 motion to strike answer brief and appendix is denied.
|
|
| Docket Date |
2023-08-02
|
| 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’ July 24, 2023 motion for extension of time is granted in part, and appellants shall serve the reply brief on or before August 4, 2023. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2023-08-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ JOINT RESPONSE IN OPPOSITION TO APPELLANT'S MOTION FOR EXTENSION OF TIME TO SERVE REPLY BRIEF
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2023-07-24
|
| 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 |
Lilia Belkova
|
|
| Docket Date |
2023-07-17
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
ORD-Deny Relinquishment of Jurisdiction ~ ORDERED that appellant's July 5, 2023 renewed motion to relinquish jurisdiction is denied.
|
|
| Docket Date |
2023-07-14
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2023-07-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ APPELLEES' JOINT RESPONSE TO APPELLANT'S RENEWED MOTION TO RELINQUISH JURISDICTION
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2023-07-06
|
| 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 appellant's June 26, 2023 amended motion for extension of time is granted in part, and appellant shall serve the reply brief on or before July 24, 2023. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2023-07-05
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction ~ RENEWED
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2023-06-30
|
| 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 |
2023-06-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ AMENDED
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2023-06-23
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ **SEE AMENDED MOTION**
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2023-05-31
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2023-05-31
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2023-05-23
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Deny Motion to Supplement Record ~ Upon consideration of appellee Deer Run Property Owners’ Association, Inc.'s May 4, 2023 response, it is ORDERED that appellant's April 6, 2023 Amended Motion to Supplement Record filed under case number 4D22-1202 is denied. See Thornber v. City of Fort Walton Beach, 534 So. 2d 754, 755 (Fla. 1st DCA 1988) (“It is axiomatic that appellate review is confined to the record on appeal."). The proposed supplemental record filed March 29, 2023, is stricken from the docket. Further, ORDERED that appellant's April 10, 2023 Motion to Supplement Record filed under case number 4D21-2924 is denied. Further, ORDERED that appellees' April 10, 2023 Joint Motion to Strike Appellant's Second Motion to Supplement Record filed under case number 4D21-2924 is denied as moot. Further, Upon consideration of appellee Deer Run Property Owners’ Association, Inc.'s May 16, 2023 response, it is ORDERED that appellant's May 8, 2023 Second Amended Motion to Supplement Record filed under case number 4D22-1202 is denied.
|
|
| Docket Date |
2023-05-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLANT'S SECOND AMENDED MOTION TO SUPPLEMENT THE RECORD
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2023-05-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ CORRECTED
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2023-05-08
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record ~ **DENIED, SEE 05/23/2023 ORDER** SECOND AMENDED
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2023-05-04
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLANT'S AMENDED MOTION TO SUPPLEMENT THE RECORD
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2023-05-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee Deer Run Property Owners’ Association, Inc.'s April 25, 2023 motion for extension of time is granted, and appellee shall serve the answer brief on or before May 16, 2023. 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.
|
|
| Docket Date |
2023-05-02
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2022-06-06
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2022-06-03
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2023-04-26
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ ORDERED that appellee Deer Run Property Owners Association, Inc.'s April 25, 2023 motion for leave to file response to appellant’s motion for appellate attorney’s fees is granted, and said response is deemed filed as of the date of this order.
|
|
| Docket Date |
2023-04-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT'S MOTION FOR APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2023-04-25
|
| 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 |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2023-04-25
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ MOTION FOR LEAVE TO FILE RESPONSE TO APPELLANT'S MOTION FOR APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2023-04-06
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record ~ **DENIED, SEE 05/23/2023 ORDER** AMENDED
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2023-04-05
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **RESPONSE FILED 04/26/2023**
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2023-04-05
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2023-04-04
|
| Type |
Order
|
| Subtype |
Order on Motion to Withdraw Filing
|
| Description |
ORD-To Withdraw Pleadings ~ ORDERED that appellee Deer Run Property Owners’ Association, Inc.'s March 31, 2023 notice is treated as a motion to withdraw the March 31, 2023 response in opposition to appellant’s amended motion for extension of time to file reply brief and is granted. Appellee Deer Run Property Owners’ Association, Inc.’s March 31, 2023 response in opposition to appellant’s amended motion for extension of time to file reply brief is considered withdrawn.
|
|
| Docket Date |
2023-03-31
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ AMENDED RESPONSE IN OPPOSITION TO APPELLANTS' MOTION TO SUPPLEMENT THE RECORD
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2023-03-31
|
| Type |
Motions Other
|
| Subtype |
Motion to Withdraw Filing
|
| Description |
Motion To Withdraw Pleadings ~ NOTICE OF WITHDRAWAL OF RESPONSE IN OPPOSITION TO APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2023-03-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee Deer Run Property Owners Association, Inc.'s March 24, 2023 motion for extension of time is granted, and appellee shall serve the answer brief on or before April 26, 2023. 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. Further, ORDERED that appellant's March 29, 2023 motion to supplement the record is denied without prejudice for failure to comply with Florida Rule of Appellate Procedure 9.300(a). See also this court's Notice to Attorneys and to Parties Representing Themselves, Paragraph 1.
|
|
| Docket Date |
2023-03-29
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record ~ **DENIED, SEE 03/30/2023 ORDER**
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2023-03-29
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ **STRICKEN FROM DOCKET. SEE 05/23/2023 ORDER.** PROPOSED
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2023-03-24
|
| 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 |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2023-02-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants' February 21, 2023 motion for extension of time is granted, and the time for service of the initial brief is extended to and through today, February 23, 2023. Appellants’ initial brief is deemed filed as of the date of this order.
|
|
| Docket Date |
2023-02-23
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2023-02-21
|
| 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 |
Lilia Belkova
|
|
| Docket Date |
2023-02-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's February 16, 2023 motion for extension of time to file the initial brief is granted. Appellant shall file the initial brief by February 21, 2023. Failure to file the initial brief by February 21, 2023, may result in dismissal of this appeal for lack of prosecution without further notice.
|
|
| Docket Date |
2023-02-16
|
| 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 |
Lilia Belkova
|
|
| Docket Date |
2023-02-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant’s unopposed January 26, 2023 motion for extension of time is granted in part, and appellant shall serve the initial brief within fifteen (15) days from the date of this order. The parties are reminded that, pursuant to this court's September 20, 2022 order, case numbers 4D22-72 and 4D22-1202 are proceeding under a strict briefing schedule. No further extensions of time will be granted absent a showing of extraordinary circumstances where, if an extension is not granted, irreparable and material harm will result to the litigant.
|
|
| Docket Date |
2023-01-26
|
| 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 |
Lilia Belkova
|
|
| Docket Date |
2023-01-25
|
| 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 |
Lilia Belkova
|
|
| Docket Date |
2023-01-25
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2022-12-19
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Denying Aplee's Motion to Dismiss ~ ORDERED that appellees’ September 27, 2022 joint motion to dismiss is denied without prejudice to appellees raising the arguments in the answer brief. Further, ORDERED that appellees’ November 16, 2022 joint motion for leave to file a reply is denied. Further,ORDERED that appellant’s September 27, 2022 motion to relinquish jurisdiction is denied. See McNulty v. BankUnited, 140 So. 3d 1041 (Fla. 3d DCA 2014).
|
|
| Docket Date |
2022-12-14
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-Withdraw as Counsel ~ ORDERED that the November 28, 2022 amended motion of Andrew B. Greenlee, counsel for appellant, to withdraw as counsel is granted. All filings shall be sent to appellant at the address appearing below. Lilia Belkova, c/o Thomas Hunker110 SE 6th Street, Suite 2330Fort Lauderdale, FL 33301-5055
|
|
| Docket Date |
2022-11-28
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel ~ (AMENDED)
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2022-11-18
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellant to File Response ~ ORDERED that appellants are directed to respond, within ten (10) days from the date of this order, to appellees’ November 16, 2022 joint motion for leave to file reply in support of motion to dismiss.
|
|
| Docket Date |
2022-11-16
|
| Type |
Motions Other
|
| Subtype |
Motion for Leave to File Reply
|
| Description |
Motion for leave to file reply ~ **DENIED, SEE 12/19/2022 ORDER** IN SUPPORT OF MOTION TO DISMISS
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2022-10-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLEES' JOINT MOTION TO DISMISS APPEALS FOR LACK OF STANDING
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2022-10-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellant’s October 12, 2022 motion for extension of time is granted, and the time for filing a response to the motion to dismiss is extended to October 27, 2022.
|
|
| Docket Date |
2022-10-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ TO JOINT MOTION TO DISMISS APPEALS FOR LACK OF STANDING
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2022-10-06
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2022-09-27
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ APPELLEES' JOINT MOTION TO DISMISS APPEALS FOR LACK OF STANDING
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2022-09-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2022-09-27
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ AND COSTS
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2022-09-20
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that appellees' September 13, 2022 joint unopposed motion to consolidate is granted, and the above-styled case numbers are consolidated for purposes of assignment to the same appellate panel for review. The parties are advised that case numbers 4D22-72 and 4D22-1202 will proceed under a strict briefing schedule and the court will not provide extensions of time absent a showing of extraordinary circumstances where, if an extension is not granted, irreparable and material harm will result to the litigant.
|
|
| Docket Date |
2022-09-13
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2022-09-12
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2022-08-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's August 12, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before October 14, 2022. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2022-08-15
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Order Denying Stay ~ ORDERED that appellant’s July 22, 2022 motion to stay is denied as moot. The filing fee was paid on July 28, 2022.
|
|
| Docket Date |
2022-08-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
| Description |
Order Denying Rehearing Interim Order ~ ORDERED that appellant's July 21, 2022 motion for rehearing is denied.
|
|
| Docket Date |
2022-08-12
|
| 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 |
Lilia Belkova
|
|
| Docket Date |
2022-07-28
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2022-07-22
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ **CORRECTED TO INCLUDE EXHIBITS** OR ALTERNATIVELY TO ALLOW THE APPEAL TO PROCEED WHILE STAYING THE REQUIRMENT TO PAY FILING FEE PENDING RESOLUTION OF INDIGENT STATUS ISSUE **AND** ALTERNATIVE MOTION FOR EXTENSION OF TIME TO PAY THE FILING FEE IF THE COURT WILL NOT GRANT THE MOTION FOR STAY
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2022-07-21
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing/Interim Order ~ MOTION FOR REHEARING OF ORDER DENYING MOTION FOR REVIEW AND MOTION TO STAY APPEAL IN ABEYANCE **SEE CORRECTED MOTION**
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2022-07-11
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that appellant shall comply with this court’s May 3, 2022 order to pay filing fee within ten (10) days from the date of this order.
|
|
| Docket Date |
2022-07-11
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 298 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-07-08
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF NON-PAYMENT OF APPEAL FEES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-07-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ **AMENDED**
|
|
| Docket Date |
2022-07-05
|
| Type |
Order
|
| Subtype |
Order on Motion For Review
|
| Description |
Order Denying Motion For Review ~ ORDERED that, upon consideration of the trial court’s June 23, 2022 amended order on defendant’s motion for review of determination of civil indigent status, appellant’s June 3, 2022 motion for review is denied. See Stanley v. Berry, 933 So. 2d 1219 (Fla. 1st DCA 2006).
|
|
| Docket Date |
2022-06-29
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
ORD-FROM CIRCUIT COURT/AGENCY ~ AMENDED ORDER ON DEFENDANT'S MOTION FOR REVIEW OF DETERMINATION OF CIVIL INDIGENT STATUS (COURT FINDS DEFENDANT IS NOT INDIGENT)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-06-21
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that the petition for writ of certiorari contained within appellant's June 3, 2022 status report is treated as a motion for review pursuant to Florida Rule of Appellate Procedure 9.430(a). Further, ORDERED that the court reserves ruling on the motion and directs the lower court to enter an amended order providing the reasons for denying appellant's motion for judicial review. Fla. R. App. P. 9.430 committee notes ("Adverse rulings by the lower tribunal must state in writing the reasons for denial.").
|
|
| Docket Date |
2022-06-08
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ CERTIFIED BY LOWER TRIBUNAL
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-05-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ CLERK OF THE CIRCUIT COURT'S RESPONSE TO THE ISSUES REGARDING APPELLANT'S INDIGENCY APPLICATION
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-05-24
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Grant Stay ~ ORDERED that appellant's May 23, 2022 motion to stay appeal pending the circuit court's review of the Clerk's determination is granted. Further,ORDERED that the clerk of the lower tribunal shall file a response as to the issues regarding appellant’s indigency application within three (3) days from the date of this order. Further,ORDERED that appellant shall file with this court a status report as to the outcome of the hearing before the Circuit Court by no later than June 2, 2022.
|
|
| Docket Date |
2022-05-23
|
| Type |
Motions Other
|
| Subtype |
Motion To Compel
|
| Description |
Motion To Compel ~ CLERK OF THE LOWER TRIBUNAL TO STATE IN WRITING REASONS FOR DENYING APPLICATION FOR DETERMINATION OF INDIGENT STATUS AND MOTION TO STAY APPEAL IN ABEYANCE
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2022-05-09
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Order to file Amended NOA ~ It appears that the notice of appeal filed by appellant Lilia Belkova, as trustee of Land Trust 072003, was not signed by an attorney licensed to practice law in Florida. Such a paper is voidable if not cured as a trustee may not appear pro se on behalf of a trust. See Griner v. Rockridge Prop. Owners Ass’n, 59 So. 3d 1143 (Fla. 2d DCA 2011); EHQF Tr. v. S & A Cap. Partners, Inc., 947 So. 2d 606, 606 (Fla. 4th DCA 2007) (“[A] trustee cannot appear pro se on behalf of the trust, because the trustee represents the interests of others and would therefore be engaged in the unauthorized practice of law.”). Accordingly, it is ORDERED that this appeal will be dismissed as to appellant Lilia Belkova, as trustee of Land Trust 072003, unless within twenty (20) days from the date of this order an amended notice of appeal signed by an attorney licensed to practice law is filed, and the trustee continues to be represented by counsel. Further, ORDERED that this appeal is stayed pending compliance with this order.
|
|
| Docket Date |
2022-05-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-05-03
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
ORD-L.T. INSOLVENCY OR INDIGE. ~ *Duplicate Filing
|
|
| Docket Date |
2022-05-03
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se 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 (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, 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 the entry 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.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the clerk of the lower tribunal within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The clerk of the lower tribunal shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**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.
|
|
| Docket Date |
2022-05-03
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ *Duplicate Filing
|
|
| Docket Date |
2022-05-02
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
ORD-L.T. INSOLVENCY OR INDIGE. ~ * Clerk Determination- Not Indigent
|
|
| Docket Date |
2022-05-02
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Lilia Belkova
|
|
|
|
LILIA BELKOVA, Appellant(s) v. DEER RUN PROPERTY OWNERS' ASSOCIATION, INC., Appellee(s).
|
4D2022-0463
|
2022-02-15
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502017CC001472
|
Parties
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Lilia Belkova
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Sarah Hafeez, Thomas Lee Hunker
|
|
| Name |
DEER RUN PROPERTY OWNERS' ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Anthony A. Arsali, Steven R. Braten
|
|
| Name |
Hon. Sarah L. Shullman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-04-08
|
| Type |
Order
|
| Subtype |
Order on Motion to Recall Mandate
|
| Description |
Order on Motion to Recall Mandate
|
| View |
View File
|
|
| Docket Date |
2024-03-05
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion to Recall Mandate
|
| Description |
Trust's Motion to Recall Mandate
|
|
| Docket Date |
2022-09-12
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2022-03-21
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ ORDERED sua sponte that the above-styled appeal is dismissed for non-payment of the $300.00 filing fee.
|
|
| Docket Date |
2022-03-21
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2022-02-16
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Order to file Amended NOA ~ The Court has received the Notice of Appeal filed by appellant in the above-styled case. The notice is not in conformance with the Florida Rules of Appellate Procedure.ORDERED that within ten (10) days from the date of this order, appellant shall file in this court an amended Notice of Appeal to reflect
|
|
| Docket Date |
2022-02-16
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-02-15
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Misc. LT pleadings ~ Civil Cover Sheet
|
|
| Docket Date |
2022-02-15
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Lilia Belkova
|
|
|
|
LILIA BELKOVA, Individually and as Trustee of the Land Trust Agreement, No:072003 Dated 2/9/04, Appellant(s) v. DEER RUN PROPERTY OWNERS' ASSOCIATION, INC., et al., Appellee(s).
|
4D2022-0072
|
2022-01-10
|
Closed
|
|
| Classification |
NOA Final - County Civil - Foreclosure/RealProperty/Mortgage
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Fifteenth Judicial Circuit, Palm Beach County
502017CC001472XXX
|
Parties
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Lilia Belkova
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Sarah Hafeez, Thomas Lee Hunker
|
|
| Name |
DEER RUN PROPERTY OWNERS' ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Steven Robert Braten, Nicholas Arsali, Anthony Arash Arsali, Dina Lynn Rosenbaum
|
|
| Name |
Unknown Tenant Two
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Unknown Tenant One
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Hon. Sarah L. Shullman
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-09-27
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2024-03-13
|
| Type |
Order
|
| Subtype |
Order on Motion to Recall Mandate
|
| Description |
Order on Motion to Recall Mandate
|
| View |
View File
|
|
| Docket Date |
2024-03-11
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
|
| Docket Date |
2024-03-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE IN OPPOSITION TO APPELLANT'S MOTION TO RECALL MANDATE
|
|
| Docket Date |
2024-03-05
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
NOTICE OF CONTINUED APPEARANCE FOR TRUST AND TERMINATION OF APPEARANCE FOR BELKOVA
|
|
| Docket Date |
2024-03-04
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion to Recall Mandate
|
| Description |
Motion to Recall Mandate
|
|
| Docket Date |
2023-11-03
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-11-03
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2023-09-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Order on Motion for Extension of Time
|
| View |
View File
|
|
| Docket Date |
2023-09-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2023-08-23
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2023-08-23
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that appellee Deer Run Property Owners’ Association’s September 27, 2022 motion for attorney's 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. Further,ORDERED that the request for costs contained within the motion referenced above is denied without prejudice to seek costs in the trial court.
|
|
| Docket Date |
2023-08-08
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Deny Motion to Supplement Record ~ ORDERED that appellant's August 7, 2023 motion to supplement the record is denied.
|
|
| Docket Date |
2023-08-07
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2023-08-07
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ ANSWER BRIEFS AND APPENDIX
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2023-08-07
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Deny Motion to Strike ~ ORDERED that the appellants' August 7, 2023 motion to strike answer briefs and appendix is denied.
|
|
| Docket Date |
2023-07-17
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
ORD-Deny Relinquishment of Jurisdiction ~ ORDERED that appellant's July 5, 2023 renewed motion to relinquish jurisdiction is denied.
|
|
| Docket Date |
2023-07-14
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2023-07-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2023-07-05
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2023-06-30
|
| 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 |
2023-05-02
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2023-04-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR ATTY. FEES.
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2023-04-06
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Deny Motion to Supplement Record ~ Upon consideration of appellee's March 31, 2023 response, it is ORDERED that appellant's March 29, 2023 motion to file supplemental record is denied. See Thornber v. City of Fort Walton Beach, 534 So. 2d 754, 755 (Fla. 1st DCA 1988) (“It is axiomatic that appellate review is confined to the record on appeal."). The proposed supplemental record is stricken from the docket.
|
|
| Docket Date |
2023-04-06
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2023-04-05
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2023-04-05
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **RESPONSE FILED 4/19/23**
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2023-04-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORD-Reply Brief to be Served ~ ORDERED that appellant's March 29, 2023 motion for extension of time is granted, and appellant shall serve the reply brief on or before April 5, 2023. 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. Appellant is 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. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
| Docket Date |
2023-03-31
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO AMENDED MOTION TO SUPPLEMENT.
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2023-03-29
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2023-03-29
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ ***STRICKEN FROM THE DOCKET*** (5 PAGES)
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2023-03-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR EOT OF REPLY BRIEF.
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2023-03-29
|
| 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 |
Lilia Belkova
|
|
| Docket Date |
2023-03-22
|
| 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 appellant's March 20, 2023 motion for extension of time to file the reply brief is granted. Appellant shall file the reply brief within seven (7) days from the date of this order. Failure to comply with this order will foreclose appellant’s right to file a reply brief.
|
|
| Docket Date |
2023-03-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2023-03-20
|
| 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 |
Lilia Belkova
|
|
| Docket Date |
2022-01-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2023-03-10
|
| 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 appellant's March 3, 2023 motion for extension of time is granted in part, and appellant 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 |
2023-03-03
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ **AMENDED MOTION FILED**
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2023-02-02
|
| Type |
Brief
|
| Subtype |
Amended Answer Brief
|
| Description |
Amended Appellee's Answer Brief ~ Deer Run Property Owners' Association
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2023-02-02
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
Grant Motion Serve Amended Brief ~ ORDERED that appellee Deer Run Property Owners' Association’s January 30, 2023 motion to serve an amended brief is granted, and the amended answer brief is deemed timely filed as of the date of this order.
|
|
| Docket Date |
2023-02-01
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **AMENDED**
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2023-01-30
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief ~ Deer Run Property Owners' Association
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2023-01-30
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **SEE 2/1/23 AMENDED APPENDIX** AMENDED.
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2023-01-25
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellees’ amended appendix to the answer brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index. An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2023-01-25
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2023-01-25
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **SEE AMENDED APPENDIX FILED 2/1/23** AMENDED.
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2023-01-24
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **STRICKEN** AMENDED.
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2023-01-23
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellees’ appendix to the answer brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, and was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index. An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2023-01-20
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ **SEE AMENDED BRIEF FILED 2/2/23** DEER RUN PROPERTY OWNERS' ASSOCIATION, INC.
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2023-01-20
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **Stricken**
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2023-01-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's January 13, 2023 motion for extension of time is granted, and appellee shall serve the answer brief on or before January 20, 2023. 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.
|
|
| Docket Date |
2023-01-13
|
| 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 |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2022-12-22
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-Withdraw as Counsel ~ ORDERED that the November 21, 2022 motion of the Law Offices of Legendre & Legendre, PLLC 's, counsel for appellant, to withdraw as counsel is granted.
|
|
| Docket Date |
2022-12-20
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Denying Aplee's Motion to Dismiss ~ ORDERED that appellees’ September 27, 2022 joint motion to dismiss is denied without prejudice to appellees raising the arguments in the answer brief. Further,ORDERED that appellees’ November 16, 2022 joint motion for leave to file a reply is denied. Further,ORDERED that appellant’s September 27, 2022 motion to relinquish jurisdiction is denied. See McNulty v. BankUnited, 140 So. 3d 1041 (Fla. 3d DCA 2014).
|
|
| Docket Date |
2022-12-14
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-Withdraw as Counsel ~ ORDERED that the November 28, 2022 amended motion of Andrew B. Greenlee, counsel for appellant, to withdraw as counsel is granted. All filings shall be sent to appellant at the address appearing below. Lilia Belkova, c/o Thomas Hunker110 SE 6th Street, Suite 2330Fort Lauderdale, FL 33301-5055
|
|
| Docket Date |
2022-11-28
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel ~ (AMENDED)
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2022-11-21
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2022-11-18
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellant to File Response ~ ORDERED that appellant is directed to respond, within ten (10) days from the date of this order, to appellee’s motion for leave to file a reply.
|
|
| Docket Date |
2022-11-16
|
| Type |
Motions Other
|
| Subtype |
Motion for Leave to File Reply
|
| Description |
Motion for leave to file reply
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2022-10-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2022-10-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant's October 12, 2022 motion for extension is granted, and the time for filing a response to the motion to dismiss is extended fifteen (15) days from the date of this order.
|
|
| Docket Date |
2022-10-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2022-10-06
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2022-10-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ DEER RUN- TO MOTION TO RELINQUISH
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2022-10-06
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2022-09-27
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2022-09-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2022-01-10
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Misc. LT pleadings ~ *Civil Cover Sheet
|
|
| Docket Date |
2022-09-23
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellant's appendix to the initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it contains no bookmarks as required by Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2022-09-22
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ **STRICKEN**
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2022-09-22
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2022-09-20
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that appellees' September 13, 2022 joint unopposed motion to consolidate is granted, and the above-styled case numbers are consolidated for purposes of assignment to the same appellate panel for review. The parties are advised that case numbers 4D22-72 and 4D22-1202 will proceed under a strict briefing schedule and the court will not provide extensions of time absent a showing of extraordinary circumstances where, if an extension is not granted, irreparable and material harm will result to the litigant.
|
|
| Docket Date |
2022-09-13
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
|
| Docket Date |
2022-09-12
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2022-08-22
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ (3589 PAGES)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-08-19
|
| Type |
Order
|
| Subtype |
Order on Motion To Compel
|
| Description |
ORD-Granting Motion to Compel ~ ORDERED that appellant's August 10, 2022 motion for leave to supplement record on appeal is treated as a motion to compel, and is granted. Within five (5) days from the date of this order, the clerk of the lower tribunal shall transmit the record on appeal in accordance with Florida Rule of Appellate Procedure 9.200(a)(1). Appellant shall serve the initial brief within thirty (30) days from the date of receipt of the record on appeal. The existence of a prior appeal does not permit the clerk to unilaterally send less than the record required by the rules, unless limited by the directions to the clerk. Further, the parties are advised that they must serve all opposing parties with any motion filed in this court. Fla. R. Gen. Prac. & Jud. Admin. 2.516.
|
|
| Docket Date |
2022-08-11
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
Objection
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2022-08-10
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Mot. file supp'l ROA & toll time ~ **TREATED AS A MOTION TO COMPEL**
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2022-06-22
|
| Type |
Order
|
| Subtype |
Order on Motion to Set Briefing Schedule
|
| Description |
ORD-Setting Briefing Schedule ~ ORDERED that, upon consideration of appellant’s May 26, 2022 jurisdictional brief, this appeal shall proceed as to the January 7, 2022 order overruling appellant’s verified objection to sale and issuance of certificate of title, verified motion to vacate sale, to compel acceptance of tender and for redemption and for hearing. Further, ORDERED that this appeal is dismissed for lack of jurisdiction as to the January 7, 2022 order denying appellant’s motion for rehearing of an order granting appellee’s motion for summary judgment. See Fla. R. App. P. 9.130(a)(4); Nationwide Ins. Co. v. Forrest, 682 So. 2d 672, 673 (Fla. 4th DCA 1996) (stating an order denying a motion for rehearing is not independently appealable). Further, ORDERED that appellant’s May 16, 2022 request to set briefing schedule is granted. The initial brief shall be served within seventy (70) days from the date of this order. Additional briefs shall be served as prescribed by Florida Rule of Appellate Procedure 9.210. Further, ORDERED that appellant’s request to construe the notice of appeal on the January 7, 2022 order denying rehearing as an amended notice of appeal in 4D21-2924 is denied without prejudice to appellant filing such an amended notice of appeal in 4D21-2924, as this appeal has not been consolidated with 4D21-2924.
|
|
| Docket Date |
2022-05-26
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2022-05-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
ORD-Reinstatement ~ Upon consideration of appellee’s May 10, 2022 response and May 11, 2022 notice of supplemental authority, it is ORDERED that appellant’s May 2, 2022 motion for reinstatement/to set briefing schedule is granted in part as to the request for reinstatement, and the above–styled appeal is reinstated. Appellant’s request to set the briefing schedule is reserved and it is ORDERED that appellant respond to this court’s January 12, 2022 order within ten (10) days from the date of this order. Further, ORDERED that appellant's May 12, 2022 motion for leave to file reply is denied.
|
|
| Docket Date |
2022-05-12
|
| Type |
Motions Other
|
| Subtype |
Motion for Leave to File Reply
|
| Description |
Motion for leave to file reply
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2022-05-11
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2022-05-10
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2022-05-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2022-05-02
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement ~ AMENDED
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2022-04-29
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2022-04-29
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement ~ **AMENDED MOTOIN FILED** ANDSET BRIEFING SCHEDULE
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2022-02-10
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk ~ **REINSTATED**
|
|
| Docket Date |
2022-02-10
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2022-02-10
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ **REINSTATED** ORDERED sua sponte that the above-styled appeal is dismissed for non-payment of the $300.00 filing fee.
|
|
| Docket Date |
2022-01-12
|
| 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 January 7, 2022 "order denying defendant's motion for rehearing of order granting plaintiff's motion for summary judgment" is an appealable final or nonfinal order, as it appears appellant is not seeking review of the underlying order the motion was directed towards. See Fla. R. App. P. 9.130(a)(4); Nationwide Ins. Co. v. Forrest, 682 So. 2d 672, 673 (Fla. 4th DCA 1996) (stating an order denying a motion for rehearing is not independently appealable). Further,Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2022-01-10
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se 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 (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, 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 the entry 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.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the clerk of the lower tribunal within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The clerk of the lower tribunal shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**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.
|
|
| Docket Date |
2022-01-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
|
|
DEER RUN PROPERTY OWNERS' ASSOCIATION, INC. VS ELIZABETH STEWART and BEN H. BELL, III
|
4D2021-3152
|
2021-11-03
|
Closed
|
|
| Classification |
Original Proceedings - Administrative - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2021-02-7222
|
Parties
| Name |
DEER RUN PROPERTY OWNERS' ASSOCIATION, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Steven R. Braten, Daniel S. Rosenbaum
|
|
| Name |
Ben H. Bell, III
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Department of Business and Professional Regulation
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
ELIZABETH STEWART LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Gary Murphree, Brandy Gonzalez-Abreu, Keith Edward Hope, Lindsay E. Raphael
|
|
Docket Entries
| Docket Date |
2022-01-03
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Certiorari ~ ORDERED that the November 3, 2021 petition for writ of certiorari is denied.WARNER, CIKLIN and LEVINE, JJ., concur.
|
|
| Docket Date |
2022-01-03
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2021-12-17
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Order Denying Stay ~ ORDERED that petitioner's December 2, 2021 motion for stay is denied.
|
|
| Docket Date |
2021-12-10
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2021-12-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Elizabeth Stewart
|
|
| Docket Date |
2021-12-03
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Elizabeth Stewart
|
|
| Docket Date |
2021-12-02
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2021-11-04
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2021-11-03
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ *FILING FEE PAID ELECTRONICALLY
|
|
| Docket Date |
2021-11-03
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-11-03
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ *FILING FEE PAID ELECTRONICALLY
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
|
|
LILIA BELKOVA, Individually, and as successor Trustee of the Land Trust Agreement, No:072003 Dated 2/9/04, Appellant(s) v. DEER RUN PROPERTY OWNERS' ASSOCIATION, INC., et al., Appellee(s).
|
4D2021-2924
|
2021-10-12
|
Closed
|
|
| Classification |
NOA Final - County Civil - Foreclosure/RealProperty/Mortgage
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Fifteenth Judicial Circuit, Palm Beach County
502017CC001472XXXXMB
|
Parties
| Name |
Lilia Belkova
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Thomas Lee Hunker, Sarah Hafeez
|
|
| Name |
DEER RUN PROPERTY OWNERS' ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Anthony Arash Arsali, Dina Lynn Rosenbaum, Steven Robert Braten
|
|
| Name |
Land Trust Agreement, No:072003 Dated 2/9/04
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Nicholas Arsali
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Sarah L. Shullman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-08-23
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that appellant’s April 5, 2023 motion for appellate attorney's fees is denied.
|
|
| Docket Date |
2023-08-08
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Deny Motion to Supplement Record ~ ORDERED that appellant's August 7, 2023 motion to supplement the record is denied.
|
|
| Docket Date |
2023-08-07
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Deny Motion to Strike ~ ORDERED that the appellants' August 7, 2023 motion to strike answer briefs and appendix is denied.
|
|
| Docket Date |
2023-08-07
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2023-08-07
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ PROPOSED
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2023-08-07
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ ANSWER BRIEFS AND APPENDIX
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2023-07-17
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
ORD-Deny Relinquishment of Jurisdiction ~ ORDERED that appellant's July 5, 2023 renewed motion to relinquish jurisdiction is denied.
|
|
| Docket Date |
2023-07-14
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2024-03-13
|
| Type |
Order
|
| Subtype |
Order on Motion to Recall Mandate
|
| Description |
Order on Motion to Recall Mandate
|
| View |
View File
|
|
| Docket Date |
2024-03-11
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
|
| Docket Date |
2024-03-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE IN OPPOSITION TO APPELLANT'S MOTION TO RECALL MANDATE
|
|
| Docket Date |
2024-03-05
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion to Recall Mandate
|
| Description |
Motion to Recall Mandate
|
|
| Docket Date |
2024-03-05
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Continued Appearance for Trust and Termination of Appearance for Belkova
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2024-01-24
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Order
|
| Description |
2023-1399 Supreme Court Order- Case Dismissed
|
|
| Docket Date |
2023-11-30
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Order
|
| Description |
SC2023-1399 Order to file Reply in Supreme Court Case
|
|
| Docket Date |
2023-11-03
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-11-03
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2023-10-11
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
SC2023-1399- Acknowledged Receipt from Supreme Court
|
|
| Docket Date |
2023-10-10
|
| Type |
Supreme Court
|
| Subtype |
Review Sent to Supreme Court
|
| Description |
Review Sent to Supreme Court
|
|
| Docket Date |
2023-10-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORDERED that Appellant's September 07, 2023 motion for extension of time is denied.
|
| View |
View File
|
|
| Docket Date |
2023-09-28
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
NOTICE TO INVOKE DISCRETIONARY JURISDICTION
|
| View |
View File
|
|
| Docket Date |
2023-09-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO FILE MOTION FOR REHEARING
|
| On Behalf Of |
Lilia Belkova
|
| View |
View File
|
|
| Docket Date |
2023-08-23
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Authored Opinion
|
|
| Docket Date |
2022-04-20
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ **STRICKEN**
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2023-07-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ APPELLEES' JOINT RESPONSE TO APPELLANT'S RENEWED MOTION TO RELINQUISH JURISDICTION
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2023-07-05
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction ~ RENEWED
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2023-06-30
|
| 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 |
2023-05-23
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Deny Motion to Supplement Record ~ Upon consideration of appellee Deer Run Property Owners’ Association, Inc.'s May 4, 2023 response, it is ORDERED that appellant's April 6, 2023 Amended Motion to Supplement Record filed under case number 4D22-1202 is denied. See Thornber v. City of Fort Walton Beach, 534 So. 2d 754, 755 (Fla. 1st DCA 1988) (“It is axiomatic that appellate review is confined to the record on appeal."). The proposed supplemental record filed March 29, 2023, is stricken from the docket. Further, ORDERED that appellant's April 10, 2023 Motion to Supplement Record filed under case number 4D21-2924 is denied. Further, ORDERED that appellees' April 10, 2023 Joint Motion to Strike Appellant's Second Motion to Supplement Record filed under case number 4D21-2924 is denied as moot. Further, Upon consideration of appellee Deer Run Property Owners’ Association, Inc.'s May 16, 2023 response, it is ORDERED that appellant's May 8, 2023 Second Amended Motion to Supplement Record filed under case number 4D22-1202 is denied.
|
|
| Docket Date |
2023-05-02
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2023-04-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLANT'S MOTION FOR APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2023-04-26
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ ORDERED that appellee Deer Run Property Owners Association, Inc.'s April 25, 2023 motion for leave to file response to appellant’s motion for appellate attorney’s fees is granted, and said response is deemed filed as of the date of this order.
|
|
| Docket Date |
2023-04-25
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ MOTION FOR LEAVE TO FILE RESPONSE TO APPELLANT'S MOTION FOR APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2023-04-19
|
| 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 appellant's April 18, 2023 motion for extension of time is granted. The reply brief was filed April 18, 2023.
|
|
| Docket Date |
2023-04-18
|
| 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 |
Lilia Belkova
|
|
| Docket Date |
2023-04-18
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2023-04-10
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ **DENIED, SEE 05/23/2023 ORDER** APPELLEES' JOINT MOTION TO STRIKE APPELLANT'S SECOND MOTION TO SUPPLEMENT THE RECORD
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2023-04-10
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record ~ **DENIED, SEE 05/23/2023 ORDER**
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2023-04-10
|
| Type |
Order
|
| Subtype |
Order on Motion to Withdraw Filing
|
| Description |
ORD-To Withdraw Pleadings ~ ORDERED that appellant's April 10, 2023 motion to withdraw the March 24, 2023 motion to supplement the record, March 24, 2023 appendix to motion to supplement the record and March 24, 2023 amended motion to supplement the record is granted, and said pleadings are considered withdrawn.
|
|
| Docket Date |
2023-04-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ APPELLEES' JOINT RESPONSE TO APPELLANT'S FOURTH MOTION FOR EXTENSION TO FILE A REPLY BRIEF
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2023-04-10
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ PROPOSED
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2023-04-10
|
| 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 |
Lilia Belkova
|
|
| Docket Date |
2023-04-05
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2023-04-05
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **RESPONSE FILED 04/26/2023**
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2023-03-31
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLANTS' MOTION TO SUPPLEMENT THE RECORD
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2023-03-24
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record ~ **WITHDRAWN, SEE 04/10/2023 ORDER** AMENDED
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2023-03-24
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ **WITHDRAWN, SEE 04/10/2023 ORDER** PROPOSED
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2023-03-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORD-Reply Brief to be Served ~ ORDERED that, upon consideration of Nicholas Arsali's March 20, 2023 response, appellant's March 17, 2023 motion for extension of time is denied. Appellant shall serve the reply brief on or before March 24, 2023.
|
|
| Docket Date |
2023-03-20
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2023-03-17
|
| 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 |
Lilia Belkova
|
|
| Docket Date |
2023-03-16
|
| 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 appellant's March 8, 2023 motion for extension of time is granted, and the time for service of the reply brief is extended to and through March 17, 2023. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2023-03-08
|
| 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 |
Lilia Belkova
|
|
| Docket Date |
2023-03-07
|
| 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 |
Lilia Belkova
|
|
| Docket Date |
2023-02-28
|
| 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 appellant's February 21, 2023 second amended motion for extension of time is granted in part, and appellant shall serve the reply brief within fifteen (15) days from the current due date. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2023-02-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ AMENDED
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2023-02-20
|
| 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 |
Lilia Belkova
|
|
| Docket Date |
2023-01-20
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ DEER RUN PROPERTY OWNERS' ASSOCIATION, INC.
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2023-01-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee Deer Run Property Owners Association, Inc.'s January 13, 2023 motion for extension of time is granted, and appellee shall serve the answer brief on or before January 20, 2023. 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.
|
|
| Docket Date |
2023-01-13
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ DEER RUN PROPERTY OWNERS' ASSOCIATION, INC
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2022-12-19
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Denying Aplee's Motion to Dismiss ~ ORDERED that appellees’ September 27, 2022 joint motion to dismiss is denied without prejudice to appellees raising the arguments in the answer brief. Further, ORDERED that appellees’ November 17, 2022 joint motion for leave to file a reply is denied. Further, ORDERED that appellant’s September 27, 2022 motion to relinquish jurisdiction is denied. See McNulty v. BankUnited, 140 So. 3d 1041 (Fla. 3d DCA 2014).
|
|
| Docket Date |
2022-11-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellants' November 16, 2022 motion for extension of time to file a response to appellees’ September 27, 2022 joint motion to dismiss is granted, and the response is deemed filed as of the date of this order. Further,ORDERED that appellants are directed to file a response, within ten (10) days from the date of this order, to appellees’ November 17, 2022 joint motion for leave to file reply in support of motion to dismiss.
|
|
| Docket Date |
2022-11-17
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2022-11-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO DISMISS
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2022-11-17
|
| Type |
Motions Other
|
| Subtype |
Motion for Leave to File Reply
|
| Description |
Motion for leave to file reply ~ **DENIED, SEE 12/19/2022 ORDER** APPELLEES' JOINT MOTION FOR LEAVE TO FILE REPLY IN SUPPORT OF MOTION TO DISMISS FOR LACK OF STANDING
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2022-11-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2022-11-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellants’ November 7, 2022 motion for extension of time is granted, and appellants shall file a response to appellees’ joint motion to dismiss appeal no later than November 16, 2022.
|
|
| Docket Date |
2022-11-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLANTS' MOTION FOR EXTENSION OF TIME TO FILERESPONSE TO JOINT MOTION TO DISMISS
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2022-11-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ TO JOINT MOTION TO DISMISS APPEALS FOR LACK OF STANDING
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2022-11-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellants' November 4, 2022 motion for extension of time is granted, and appellants shall file a response to appellees’ joint motion to dismiss appeal no later than November 7, 2022.
|
|
| Docket Date |
2022-11-04
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ TO JOINT MOTION TO DISMISS APPEALS FOR LACK OF STANDING
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2022-10-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellants' October 26, 2022 motion for extension of time is granted, and the time for filing a response to the motion to dismiss is extended to November 4, 2022.
|
|
| Docket Date |
2022-10-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ TO JOINT MOTION TO DISMISS APPEALS FOR LACK OF STANDING
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2022-10-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellant’s October 11, 2022 motion for extension of time is granted, and the time for filing a response to the motion to dismiss is extended to October 26, 2022.
|
|
| Docket Date |
2022-10-11
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ TO JOINT MOTION TO DISMISS APPEALS FOR LACK OF STANDING
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2022-10-07
|
| Type |
Brief
|
| Subtype |
Amended Answer Brief
|
| Description |
Amended Appellee's Answer Brief
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2022-10-06
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO RELINQUISH JURISDICTION
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2022-09-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLANTS' MOTION TO RELINQUISH JURISDICTION
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2022-09-30
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2022-09-30
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Grant Motion to Strike ~ ORDERED that, upon consideration of appellant's September 9, 2022 response, appellee Nicolas Arsali's September 9, 2022 motion for judicial notice is granted in part, and the court takes judicial notice of the documents found within the record on appeal in case numbers 4D22-72 and 4D22-1202. See Pacheco v. Gonzalez, 254 So. 3d 527, 533 n.5 (Fla. 3d DCA 2018). Further, ORDERED that appellant's September 6, 2022 motion to strike is granted, and appellee Nicolas Arsali's August 5, 2022 amended answer brief and appendix to the answer brief are stricken from the docket. See Thornber v. City of Fort Walton Beach, 534 So. 2d 754, 756 (Fla. 1st DCA 1988). Appellee shall file an amended answer brief and appendix within ten (10) days from the date of this order.
|
|
| Docket Date |
2022-09-27
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ AND COSTS
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2022-09-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2022-09-27
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ APPELLEES' JOINT MOTION TO DISMISS APPEALS FOR LACK OF STANDING
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2022-03-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT'S STATUS REPORT
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-09-20
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that appellees' September 13, 2022 joint unopposed motion to consolidate is granted, and the above-styled case numbers are consolidated for purposes of assignment to the same appellate panel for review. The parties are advised that case numbers 4D22-72 and 4D22-1202 will proceed under a strict briefing schedule and the court will not provide extensions of time absent a showing of extraordinary circumstances where, if an extension is not granted, irreparable and material harm will result to the litigant.
|
|
| Docket Date |
2022-09-13
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ JOINT; 4D21-2924, 4D22-72 and 4D22-1202
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2022-09-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO REQUEST FOR JUDICIAL NOTICE
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2022-09-09
|
| Type |
Motions Other
|
| Subtype |
Motion/Request for Judicial Notice
|
| Description |
Motion/Request for Judicial Notice ~ **GRANTED IN PART. SEE 09/30/2022 ORDER.**
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2022-09-09
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2022-09-06
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ ANSWER BRIEF AND APPENDIX
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2022-08-05
|
| Type |
Brief
|
| Subtype |
Amended Answer Brief
|
| Description |
Amended Appellee's Answer Brief ~ **STRICKEN FROM DOCKET. SEE 09/30/2022 ORDER** NICHOLAS ARSALI
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2022-08-05
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **STRICKEN FROM DOCKET. SEE 09/30/2022 ORDER.**
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2022-08-05
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
Grant Motion Serve Amended Brief ~ ORDERED that appellee Nicholas Arsali's August 3, 2022 motion to serve an amended answer brief is granted, and the amended answer brief and appendix to amended answer brief are deemed filed as of the date of this order.
|
|
| Docket Date |
2022-08-03
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2022-08-02
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellee Nicholas Arsali's appendix to the answer brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not completely text searchable, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and contains bookmarks which are not in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2022-08-01
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ NICHOLAS ARSALI
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2022-08-01
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **STRICKEN**
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2022-07-25
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 7 DAYS TO 08/01/2022
|
|
| Docket Date |
2022-07-25
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ NICHOLAS ARSALI
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2022-07-22
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ DEER RUN PROPERTY OWNERS ASSOCIATION
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2022-07-22
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 90 DAYS TO 10/22/2022
|
|
| Docket Date |
2022-06-24
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2022-06-24
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
Grant Motion Serve Amended Brief ~ ORDERED that appellants' June 24, 2022 motion to serve an amended initial brief is granted, and said brief is deemed filed as of the date of this order.
|
|
| Docket Date |
2022-06-24
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2022-06-01
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2022-05-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellant's April 25, 2022 motion for extension of time is granted in part, and appellant shall serve the initial brief within thirty (30) 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. Appellant is 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. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
| Docket Date |
2022-04-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ OF DEER RUN PROPERTY OWNERS IN OPPOSITION TO APPELLANTS' AMENDED MOTION FOR EXTENSION OF TIMETO FILE INITIAL BRIEF
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2022-04-28
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2022-04-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ OF NICHOLAS ARSALI IN OPPOSITION TO APPELLANTS' AMENDED MOTION FOR EXTENSION OF TIME TO FILE THE INITIAL BRIEF
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2022-04-25
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant's April 20, 2022 notice of appearance and appellant’s April 22, 2022 amended notice of appearance and motion for extension of time to file initial brief are stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificates of service do not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f).
|
|
| Docket Date |
2022-04-25
|
| 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 |
Lilia Belkova
|
|
| Docket Date |
2022-04-25
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ SECOND AMENDED
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2022-04-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLANTS' VERIFIED MOTION FOR EXTENSION OF TIME TO FILE THE INITIAL BRIEF
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2022-04-22
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ **STRICKEN** AMENDED
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2022-04-22
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ **STRICKEN**
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2022-03-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellant's motion for extension of time to file the initial brief is granted, and appellant shall serve the initial brief within forty (40) 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. Appellant is 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. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
| Docket Date |
2022-03-17
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ (228 PAGES)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-03-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR EXTENSION
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2022-03-16
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ ORDERED that the clerk is directed to respond, within ten (10) days from the date of this order, to appellant’s March 14, 2022 status report.
|
|
| Docket Date |
2022-03-15
|
| 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 |
Lilia Belkova
|
|
| Docket Date |
2022-03-15
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION FOR EXTENSION
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2022-03-14
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2022-03-04
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the notice of non-transmittal of record filed by the clerk of the lower tribunal on February 1, 2022, it is ORDERED that appellant shall file a report, within ten (10) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
|
|
| Docket Date |
2022-03-01
|
| Type |
Order
|
| Subtype |
Order on Motion For Review
|
| Description |
Order Denying Motion For Review ~ ORDERED that appellant’s January 13, 2022 emergency motion to stay is treated as a motion for review of the trial court’s January 10, 2022 order denying the motion to stay issuance of certificate of title and is denied for failure to establish an abuse of discretion. See, e.g., Lampert-Sacher v. Sacher, 120 So. 3d 667 (Fla. 1st DCA 2013).
|
|
| Docket Date |
2022-02-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ **STRICKEN** OF NICHOLAS ARSALI IN OPPOSITION TO APPELLANT'S EMERGENCY MOTION TO STAY
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2022-02-18
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Deer Run Property Owners' Association, Inc.
|
|
| Docket Date |
2022-02-18
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that Nicholas Arsali's February 18, 2022 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) and as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f). 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 Rules 9.045 and 9.420(d) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2022-02-08
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellee is directed to respond, within ten (10) days from the date of this order, to appellant’s January 13, 2022 emergency motion to stay.
|
|
| Docket Date |
2022-02-01
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF NON-TRANSMITTAL OF RECORD
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-01-13
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ #1
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2022-01-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ Upon consideration of appellant’s January 7, 2022 response, this court’s December 28, 2021 order to show cause is discharged. Further,ORDERED that the motion for extension of time, contained in the response, is granted, and appellant shall serve the initial brief within sixty (60) 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 may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2022-01-13
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ TREATED AS A MOTION FOR REVIEW AND IS DENIED. SEE 03/01/2022 ORDER. *EMERGENCY*
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2022-01-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ & RESPONSE TO ORDER TO SHOW CAUSE
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2022-01-07
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2022-01-04
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ ***AMENDED***
|
|
| Docket Date |
2021-12-28
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED 01/13/2022** ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellant's 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 |
2021-10-25
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2021-10-13
|
| 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 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.
|
|
| Docket Date |
2021-10-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-10-13
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Misc. LT pleadings ~ *Duplicate- Civil Cover Sheet
|
|
| Docket Date |
2021-10-13
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ *Duplicate
|
|
| Docket Date |
2021-10-12
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Misc. LT pleadings ~ *Civil Cover Sheet
|
|
| Docket Date |
2021-10-12
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Lilia Belkova
|
|
|
|
LILIA BELKOVA, as successor Trustee of the Land Trust Agreement, No:072003 Dated 2/9/04 VS DEER RUN PROPERTY OWNERS' ASSOCIATION, INC.
|
4D2021-2092
|
2021-07-12
|
Closed
|
|
| Classification |
NOA Final - County Civil - Foreclosure/RealProperty/Mortgage
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Fifteenth Judicial Circuit, Palm Beach County
502017CC001472
|
Parties
| Name |
Lilia Belkova
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Mark S. Roher, Bart A. Houston
|
|
| Name |
Land Trust Agreement, No:072003 Dated 2/9/04
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
DEER RUN PROPERTY OWNERS' ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Paula Marra
|
|
| Name |
Hon. Sarah L. Shullman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-06-22
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ Invoice voided (fee was processed in 21-2087)
|
|
| Docket Date |
2021-07-29
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2021-07-29
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the July 29, 2021 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2021-07-29
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2021-07-22
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal ~ (processed under 21-2087)
|
|
| Docket Date |
2021-07-14
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
Aplnt to Obtain Final Order-Dobrick/BCH ~ It appearing that the order to which the Notice of Appeal is directed is a non-appealable, non-final order, appellant(s) shall have thirty (30) days from the date of this order to obtain a final order and to file a copy in this court. Failure to do so will result in sua sponte dismissal of the appeal. Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); see also Rust v. Brown, 13 So. 3d 1105, 1107 (Fla. 4th DCA 2009) ("An order merely granting a motion for summary judgment is not a final order because it does not enter judgment for or against a party.").ORDERED that the trial court is specifically authorized, pursuant to Florida Rule of Appellate Procedure 9.600(b), upon appropriate application, to enter a final order in these proceedings.
|
|
| Docket Date |
2021-07-12
|
| 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.
|
|
| Docket Date |
2021-07-12
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2021-07-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-07-12
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Misc. LT pleadings ~ **Civil Cover Sheet**
|
|
|
|
LILIA BELKOVA VS DEER RUN PROPERTY OWNERS' ASSOCIATION, INC.
|
4D2021-2087
|
2021-07-12
|
Closed
|
|
| Classification |
NOA Final - County Civil - Foreclosure/RealProperty/Mortgage
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Fifteenth Judicial Circuit, Palm Beach County
502017CC001472
|
Parties
| Name |
Lilia Belkova
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Bart A. Houston
|
|
| Name |
DEER RUN PROPERTY OWNERS' ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Paula Marra
|
|
| Name |
Land Trust Agreement, No:072003 Dated 2/9/04
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Sarah L. Shullman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-07-12
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
DM:No Fee - Case Dismissed
|
|
| Docket Date |
2021-07-30
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2021-07-30
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the July 29, 2021 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2021-07-29
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2021-07-22
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal ~ (This fee is for 21-2092. Wrong case number was on the letter)
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2021-07-14
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
Aplnt to Obtain Final Order-Dobrick/BCH ~ It appearing that the order to which the Notice of Appeal is directed is a non-appealable, non-final order, appellant(s) shall have thirty (30) days from the date of this order to obtain a final order and to file a copy in this court. Failure to do so will result in sua sponte dismissal of the appeal. Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); see also Rust v. Brown, 13 So. 3d 1105, 1107 (Fla. 4th DCA 2009) ("An order merely granting a motion for summary judgment is not a final order because it does not enter judgment for or against a party.").ORDERED that the trial court is specifically authorized, pursuant to Florida Rule of Appellate Procedure 9.600(b), upon appropriate application, to enter a final order in these proceedings.
|
|
| Docket Date |
2021-07-13
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
Order Vacated ~ **CORRECTED**ORDERED that this court's July 12, 2021 order is corrected as follows: ORDERED that this court's July 12, 2021 order treating the notice of appeal filed by Bart A. Houston as an amended notice of appeal is vacated.
|
|
| Docket Date |
2021-07-12
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Lilia Belkova
|
|
| Docket Date |
2021-07-12
|
| 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.
|
|
| Docket Date |
2021-07-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
|
