| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE18-012966
|
Parties
| Name |
Malibu Bay Homeowners Association Two, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Gregory Bryl, Alex Funes
|
|
| Name |
U.S. Bank, N.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Lissett Ollet
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ALEX RODRIGUEZ , INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Albertelli Law, Albert A. Zakarian, Michael D. Stewart, Steven Reed Cohen
|
|
| Name |
CHAPEL TRAIL OWNERS ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Barry Stone
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-06-05
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2023-06-05
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the June 2, 2023 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2023-06-02
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Malibu Bay Homeowners Association Two, LLC
|
|
| Docket Date |
2023-05-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that, upon consideration of appellee’s response filed on May 3, 2023, this court’s April 19, 2023 order to show cause is discharged. Further, ORDERED that appellant’s May 3, 2023 motion for extension of time found within the response is granted, 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 may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2023-05-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause ~ MOTION FOR EXTENSION OF TIME TO FILE BRIEF
|
| On Behalf Of |
Malibu Bay Homeowners Association Two, LLC
|
|
| Docket Date |
2023-04-19
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED**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 |
2023-03-21
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that, upon consideration of appellee’s February 24, 2023 notice of filing and appellant’s March 17, 2023 response, the stay in the above-styled appeal is lifted. Should the bankruptcy court decide to reimpose a stay, pursuant to 11 U.S.C. § 362, then appellant shall promptly, and in no event later than twenty (20) days after the event has occurred, notify this court in writing of the bankruptcy court’s decision.
|
|
| Docket Date |
2023-03-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Malibu Bay Homeowners Association Two, LLC
|
|
| Docket Date |
2023-02-27
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ ORDERED that appellant is directed to respond, within ten (10) days from the date of this order, to appellees’ February 24, 2023 notice of filing bankruptcy case order on relief from stay and request to lift stay on appeal.
|
|
| Docket Date |
2023-02-24
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ BANKRUPTCY CASE ORDER ON RELIEF FROM STAY AND REQUEST TO LIFT STAY ON APPEAL
|
| On Behalf Of |
Alex Rodriguez
|
|
| Docket Date |
2023-02-24
|
| Type |
Order
|
| Subtype |
Order Bankruptcy
|
| Description |
ORD-Case Stayed Pending Bankruptcy ~ A suggestion of bankruptcy having been filed, and it appearing that no cause exists as to why the entire above-styled appeal should not be stayed by virtue of 11 U.S.C. § 362, it is ORDERED that this appeal is stayed. If the bankruptcy case becomes closed, dismissed, or modified to permit this appeal to proceed, then appellant shall promptly, and in no event later than twenty (20) days after the event has occurred, notify this court in writing that this appeal may proceed.Unless this appeal is voluntarily dismissed, appellant, within ninety (90) days from the date of this order, and then every ninety (90) days thereafter, shall notify this court as to the status of the bankruptcy case. Further, ORDERED that this court’s February 8, 2023 order to show cause is discharged.
|
|
| Docket Date |
2023-02-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
Malibu Bay Homeowners Association Two, LLC
|
|
| Docket Date |
2023-02-08
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ **Discharged**ORDERED that both parties in the above-styled case are directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why sanctions should not be imposed for failure to respond to this court's January 19, 2023 order.
|
|
| Docket Date |
2023-01-19
|
| Type |
Order
|
| Subtype |
Show Cause re Bankruptcy
|
| Description |
Order on Suggestion of Bankruptcy ~ A suggestion of bankruptcy having been filed, it is ORDERED that the parties shall, within fourteen (14) days from the date of this order, request that the United States Bankruptcy Court issue an order stating whether this appeal should be stayed pursuant to 11 U.S.C. § 362(a) or any other provision of the United States Bankruptcy Code. See, e.g., In re Hill, 364 B.R. 826, 828 (Bankr. M.D. Fla. 2007) (“Comfort orders serve a valuable purpose. The orders are entered primarily for a third party’s benefit, often to help a sister state court attempting to determine whether it can proceed with a pending action, such as a foreclosure.”). Upon the filing of the request in the United States Bankruptcy Court, the parties shall file a notice of compliance with this Court. Further, should the United States Bankruptcy Court enter an order on the parties’ request, the parties shall file a copy of the order with this Court within five (5) days of issuance of that order.
|
|
| Docket Date |
2023-01-18
|
| Type |
Notice
|
| Subtype |
Suggestion of Bankruptcy
|
| Description |
Suggestion of Bankruptcy
|
| On Behalf Of |
Malibu Bay Homeowners Association Two, LLC
|
|
| Docket Date |
2022-12-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that, upon consideration of appellant’s response filed on December 22, 2022, this court’s December 6, 2022 order to show cause is discharged. Further, ORDERED that appellant’s December 22, 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 may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2022-12-22
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ AND RESPONSE TO SHOW CAUSE
|
| On Behalf Of |
Malibu Bay Homeowners Association Two, LLC
|
|
| Docket Date |
2022-12-06
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED**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 |
2022-10-31
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 298 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-10-25
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF INABILITY TO TRANSMIT THE RECORD
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-10-03
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Alex Rodriguez
|
|
| Docket Date |
2022-08-29
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Malibu Bay Homeowners Association Two, LLC
|
|
| Docket Date |
2022-08-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-08-24
|
| 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 (2021), 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 |
2022-08-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-08-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Malibu Bay Homeowners Association Two, LLC
|
|
|
| Classification |
NOA Final - County Civil - Foreclosure/RealProperty/Mortgage
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County
COCE19-23433
|
Parties
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Janet Spence
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jannett E. Spence
|
|
| Name |
U.S. Bank, N.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CHAPEL TRAIL OWNERS ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Kerry Cummings, David M. Bauman
|
|
| Name |
Hon. Mardi Levey Cohen
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-02-18
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the February 17, 2022 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2022-02-18
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2022-02-17
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Janet Spence
|
|
| Docket Date |
2022-02-17
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Janet Spence
|
|
| Docket Date |
2022-02-04
|
| Type |
Order
|
| Subtype |
Abeyance Order
|
| Description |
Order Holding Case in Abeyance Per R. 9.020(h)(2)(C) ~ This court notes that a motion tolling rendition is pending in the trial court. ORDERED that the above-styled case is held in abeyance until the trial court disposes of the motion and appellant files a copy of the order in this court. On that date, this case shall proceed, and the briefing schedule shall run from that date. See Fla. R. App. P. 9.020(h)(2)(C). If the trial court has not entered an order disposing of the motion within thirty (30) days from the date of this order, appellant shall file a status report with this court as to the progress being made towards disposition of the motion.
|
|
| Docket Date |
2022-02-03
|
| 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 (2021), 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 |
2022-02-03
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Janet Spence
|
|
| Docket Date |
2022-02-03
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-02-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
|
