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THEODORE J. KOBLISH, Appellant(s) v. PGA PROPERTY OWNERS ASSOCIATION, INC., Appellee(s).
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4D2024-1993
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2024-08-06
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Closed
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| Classification |
NOA Final - County Civil - Foreclosure/RealProperty/Mortgage
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| Court |
4th District Court of Appeal
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| Originating Court |
County Court for the Fifteenth Judicial Circuit, Palm Beach County
502022CC000153
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Parties
| Name |
Theodore J. Koblish
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| Role |
Appellant
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| Status |
Active
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| Name |
PGA PROPERTY OWNERS ASSOCIATION, INC.
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| Role |
Appellee
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| Status |
Active
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| Representations |
Evan Ross Bachove
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| Name |
Palm Beach Clerk
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2024-08-23
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| Type |
Event
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| Subtype |
Fee Satisfied
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| Description |
Fee Satisfied
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| Docket Date |
2024-08-21
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| Type |
Order
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| Subtype |
Order
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| Description |
The court has received the Notice of Appeal in the above-styled case and finds, from the face of the Notice, that the appeal appears to be untimely filed. The Notice was filed in the Lower Tribunal on August 2, 2024, and the Notice reflects June 11, 2024, as the date of the order being appealed. ORDERED that Appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order(s) being appealed and any subsequent orders which tolled the time for the filing of the Notice of Appeal. Said orders must reflect the time/date stamp so that timeliness can be determined. ORDERED that failure to comply with this order will result in the sua sponte dismissal of the above-styled case as being an untimely appeal.
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| View |
View File
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| Docket Date |
2024-08-19
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| Type |
Misc. Events
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| Subtype |
Order Appealed
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| Description |
Order Appealed
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| Docket Date |
2024-08-06
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| Type |
Order
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| Subtype |
Amended/Additional Filing(s) Needed
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| Description |
ORDERED that Appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order being appealed. See Fla. R. App. P. 9.110(d). This copy must contain a legible stamp from the clerk of the lower tribunal, showing the date and time the order being appealed was filed in that office.
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| View |
View File
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| Docket Date |
2024-08-06
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal
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| Docket Date |
2024-10-22
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
ORDERED sua sponte that the above-styled case is dismissed as untimely filed. See Gulley v. Reemployment Assistance Appeals Comm'n, 101 So. 3d 949 (Fla. 1st DCA 2012) (dismissing appellate proceeding that was not initiated within the applicable time limit); Epicor Software Corp. v. Coopers & Clarke, Inc., 928 So. 2d 1249, 1251 (Fla. 3d DCA 2006) (noting that "jurisdictional time limits such as the time for filing a notice of appeal or a motion for a new trial, may not be extended for any reason") (quoting Bank One, N.A. v. Batronie, 884 So. 2d 346, 349 (Fla. 2d DCA 2004)).
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| View |
View File
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| Docket Date |
2024-08-14
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| 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.
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| View |
View File
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| Docket Date |
2024-08-06
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| View |
View File
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THEODORE J. KOBLISH, Appellant(s) v. PGA PROPERTY OWNERS ASSOCIATION, INC., Appellee(s).
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4D2024-0034
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2024-01-05
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Closed
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| Classification |
NOA Final - County Civil - Foreclosure/RealProperty/Mortgage
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| Court |
4th District Court of Appeal
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| Originating Court |
County Court for the Fifteenth Judicial Circuit, Palm Beach County
502022CC000153
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Parties
| Name |
Theodore J. Koblish
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| Role |
Appellant
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| Status |
Active
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| Name |
PGA PROPERTY OWNERS ASSOCIATION, INC.
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| Role |
Appellee
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| Status |
Active
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| Representations |
Evan Bachove, Cory Samuel Carano
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|
| Name |
Hon. Debra Ann Moses
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| Role |
Judge/Judicial Officer
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| Status |
Active
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| Name |
Palm Beach Clerk
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2024-01-09
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
**NO RECORD WILL BE FILED - SEE 1/9/24 ORDER**
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| Docket Date |
2024-01-05
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| View |
View File
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| Docket Date |
2024-01-05
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
Order on Filing Fee
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| View |
View File
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| Docket Date |
2024-01-05
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal
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| Docket Date |
2024-01-29
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
ORDERED sua sponte that the above-styled appeal is dismissed for non-payment of the $300.00 filing fee.
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| View |
View File
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| Docket Date |
2024-01-09
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| Type |
Order
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| Subtype |
Order
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| Description |
ORDERED sua sponte that the court determines that this appeal seeks review of an order entered on an authorized and timely motion for relief from judgment, which is reviewable by the method prescribed by Florida Rule of Appellate Procedure 9.130. Fla. R. App. P. 9.130(a)(5). Appellant shall serve an initial brief and an accompanying appendix within fifteen (15) days from the date of this order. See Fla. R. App. P. 9.130(e), 9.220. The clerk of the lower tribunal shall not transmit a record on appeal unless ordered by this court.
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| View |
View File
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WELLS FARGO BANK, N.A., etc. VS KATHRYN BATSON, et al.
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4D2020-1733
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2020-08-04
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Closed
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| Classification |
NOA Final - Circuit Civil - Foreclosure
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502017CA004219XXXXMB
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Parties
| Name |
FORECLOSURE, INC.
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| Role |
Appellant
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| Status |
Active
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| Name |
Wells Fargo Bank, N.A.
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| Role |
Appellant
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| Status |
Active
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| Representations |
Stephen McGuinness, William J. Simonitsch, Dietrich Renee Jenkins
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| Name |
World Savings Bank, F.S.B.
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| Role |
Appellant
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| Status |
Active
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| Name |
Jason R Batson
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| Role |
Appellee
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| Status |
Active
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| Name |
WINDERMERE HOMEOWNERS ASSOCIATION, INC.
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| Role |
Appellee
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| Status |
Active
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| Name |
Kathryn Batson
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| Role |
Appellee
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| Status |
Active
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| Representations |
Sara F. Holladay-Tobias, Peter Marshall Feaman, Kevin L. McNamara, Emily Y. Rottmann, Evan R. Bachove, Maureen Walsh
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| Name |
Heather Maclean
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| Role |
Appellee
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| Status |
Active
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| Name |
PGA PROPERTY OWNERS ASSOCIATION, INC.
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| Role |
Appellee
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| Status |
Active
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| Name |
Hon. Lisa S. Small
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| Role |
Judge/Judicial Officer
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| Status |
Active
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| Name |
Clerk - Palm Beach
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2020-09-22
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| Type |
Order
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| Subtype |
Order on Motion To Withdraw as Counsel
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| Description |
ORD-Withdraw as Counsel ~ ORDERED that the September 18, 2020 motion of Sara F. Holladay, Esq., Emily Y. Rottmann, Esq., Kathleen D. Kilbride, Esq., and the law firm of McGuireWoods LLP to withdraw as co-counsel for appellant is granted. This court notes that appellant will continue to be represented by attorneys William J. Simonitsch and Stephen A. McGuinness of K&L Gates LLP. Further, ORDERED that appellant’s September 18, 2020 “response to show cause order and motion for an extension of time to obtain final order” is stricken 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 Judicial Administration 2.516(f).
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| Docket Date |
2020-10-23
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the October 23, 2020 notice of voluntary dismissal, this case is dismissed.
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| Docket Date |
2020-10-23
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| Type |
Motions Other
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| Subtype |
Motion/Notice Voluntary Dismissal
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| Description |
Notice of Voluntary Dismissal
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| On Behalf Of |
Wells Fargo Bank, N.A.
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| Docket Date |
2020-10-23
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| Type |
Disposition
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| Subtype |
Dismissed
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| Description |
Dismissed - Order by Clerk
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| Docket Date |
2020-09-23
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| Type |
Order
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| Subtype |
Order Discharging Show Cause Order
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| Description |
ORD-Discharging Show Cause ~ ORDERED that, upon consideration of appellant’s response filed September 22, 2020, this court’s September 10, 2020 order to show cause is discharged. Further, ORDERED that appellant’s September 22, 2020 motion for extension of time found within the response is granted. Appellant shall have thirty (30) days from the date of this order to comply with this court’s August 5, 2020 order to obtain a final order and to file a copy with this court.
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| Docket Date |
2020-09-22
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| Type |
Response
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| Subtype |
Response
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| Description |
Response to Order to Show Cause ~ AND MOTION FOR AN EXTENSION OF TIME TO OBTAIN FINAL ORDER
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| On Behalf Of |
Wells Fargo Bank, N.A.
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| Docket Date |
2020-09-18
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| Type |
Response
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| Subtype |
Response
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| Description |
Response to Order to Show Cause ~ AND MOTION FOR AN EXTENSION OF TIME TO OBTAIN FINAL ORDER
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| On Behalf Of |
Wells Fargo Bank, N.A.
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| Docket Date |
2020-09-18
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
Wells Fargo Bank, N.A.
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| Docket Date |
2020-09-18
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| Type |
Motions Other
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| Subtype |
Miscellaneous Motion
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| Description |
Miscellaneous Motion ~ TO WITHDRAW AS CO-COUNSEL OF RECORD
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| On Behalf Of |
Wells Fargo Bank, N.A.
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| Docket Date |
2020-09-17
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
Wells Fargo Bank, N.A.
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| Docket Date |
2020-09-10
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| Type |
Order
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| Subtype |
Show Cause re Compliance with Prior Order
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| Description |
Order to Show Cause-Appeal Dismissal ~ **DISCHARGED**ORDERED that appellant 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 or other sanctions imposed for failure to comply with this court's August 5, 2020 order to obtain a final order and to file a copy with this court. If the order is filed within this ten (10) day period, this order to show cause will be considered automatically discharged without further order.
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| Docket Date |
2020-08-05
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. 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 circuit court clerk's determination of indigent status is filed.
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| Docket Date |
2020-08-05
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| Docket Date |
2020-08-04
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
A3:Paid In Full - $300
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| Docket Date |
2020-08-04
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
Wells Fargo Bank, N.A.
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