| Classification |
NOA Non Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502009CA020585
|
Parties
| Name |
MICHEL WECHSLER
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
James Randal Ackley
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
UNKNOWN SPOUSE OF WAYNE WECHSLER
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
UNKNOWN SPOUSE OF BARD WECHSLER
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BAYVIEW LOAN SERVICING, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Peter Morris Armold, Erica T. Kumer, GERALD SOLOMON, DANIELLE SPRADLEY, Kevin L. McNamara, Charles P. Gufford
|
|
| Name |
WAYNE WECHSLER
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
THE VILLAS OF RAINBERRY HOMEOWNERS ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PERRIN WECHSLER
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BARD WECHSLER
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RAINBERRY LAKE HOMEOWNERS ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2222-10-16
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ **RETURNED MAIL RECEIVED FOR UNKNOWN SPOUSE OF WAYNE WECHSLER. ATTEMPTED NOT KNOWN.**
|
|
| Docket Date |
2222-09-06
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ RETURNED MAIL RECEIVED FOR UNKNOWN SPOUSE OF WAYNE WECHSLER. REASON- INSUFFICIENT ADDRESS.
|
|
| Docket Date |
2019-10-01
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2019-10-01
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissal ~ Upon consideration of appellant’s August 29, 2019 jurisdictional statement and appellee’s September 9, 2019 response, it is ORDERED sua sponte that the above-styled appeal is dismissed without prejudice to refile once the circuit court completes all judicial labor in the underlying case. S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97, 99 (Fla. 1974) (“Generally, the test employed by the appellate court to determine finality of an order, judgment or decree is whether the order in question constitutes an end to the judicial labor in the cause, and nothing further remains to be done by the court to effectuate a termination of the cause as between the parties directly affected.”). Further,ORDERED that appellee’s September 9, 2019 request for attorney's fees is denied. McCreary v. Florida Residential Property and Casualty Joint Underwriting Ass’n, 758 So. 2d 692, 696 (Fla. 4th DCA 1999) (“[A]ttorney's fees must be requested by filing a separate motion.”) (internal citations omitted). DAMOORGIAN, CIKLIN and GERBER, JJ., concur.
|
|
| Docket Date |
2019-09-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ **MOTION FOR ATTORNEY'S FEES DENIED. SEE 10/01/2019 ORDER.**
|
| On Behalf Of |
BAYVIEW LOAN SERVICING, LLC
|
|
| Docket Date |
2019-09-06
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
BAYVIEW LOAN SERVICING, LLC
|
|
| Docket Date |
2019-08-29
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
MICHEL WECHSLER
|
|
| Docket Date |
2019-08-28
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ RETURNED MAIL FOR RAINBERRY LAKE HOA. NOT DELIVERABLE AS ADDRESSED.
|
|
| Docket Date |
2019-08-19
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that within ten (10) days from the date of this order appellant shall file in this court a brief statement explaining the basis for this court’s subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the “order granting in part and denying in part plaintiff’s motion for summary judgment” is a final, appealable order, as the order states that the underlying case will proceed to trial regarding the defendant’s capacity and other questions, and therefore it appears that judicial labor is incomplete. S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97 (Fla. 1974) (“The test to determine finality of an order, judgment or decree is whether the order in question constitutes an end to the judicial labor in the cause, and nothing further remains to be done by the court to effectuate a termination of the causes between the parties directly affected.”); 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."). Further, Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2019-08-16
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
MICHEL WECHSLER
|
|
| Docket Date |
2019-08-16
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ ORDER BEING APPEALED
|
| On Behalf Of |
MICHEL WECHSLER
|
|
| Docket Date |
2019-08-12
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
BAYVIEW LOAN SERVICING, LLC
|
|
| Docket Date |
2019-07-31
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. 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.
|
|
| Docket Date |
2019-07-31
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-07-30
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
MICHEL WECHSLER
|
|
| Docket Date |
2019-07-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
