|
TOM LESKO, as Intervenor,etc., et al. VS GEORGE SANTULLI and CARLO PATTI
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4D2021-0064
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2021-01-07
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Closed
|
|
| Classification |
NOA Non Final - County Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562017CC001277
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562019AP000030
|
Parties
| Name |
VILLAS OF WINDMILL POINT II PROPERTY OWNERS' ASSOCIATION, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Thomas Lesko
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
George Santulli
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Robert G. Rydzewski, Brian K. McMahon, David M. Lamos, Gerard S. Collins
|
|
| Name |
Carlo Patti
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Daryl Isenhower
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - St. Lucie
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-08-12
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
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|
| Docket Date |
2021-08-12
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| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
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| Description |
ORD-Granting Aplee's Motion to Dismiss ~ The Chapter 11 Trustee for Villas of Windmill Point II filed a motion to dismiss for lack of standing and subject matter jurisdiction. With regard to jurisdiction, the Chapter 11 trustee argued that “based on the bankruptcy filing, the Court lacks subject matter jurisdiction in determining any and all assets or procedures to be followed with regard to the Villas of Windmill Point II.” On December 16, 2020, the circuit court sitting in its appellate capacity denied the motion to dismiss. This appeal was subsequently transferred to this Court on January 4, 2021. ORDERED, sua sponte that the circuit court’s December 16, 2020 interlocutory order denying the Chapter 11 Trustee’s motion to dismiss is vacated. Further,ORDERED that the Chapter 11 Trustee’s motion to dismiss for lack of subject matter jurisdiction is granted and this appeal is dismissed.WARNER, CIKLIN and KUNTZ, JJ., concur.
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|
| Docket Date |
2021-07-08
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| Type |
Brief
|
| Subtype |
Memorandum Brief
|
| Description |
Memorandum Brief
|
|
| Docket Date |
2021-07-08
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| Type |
Order
|
| Subtype |
Order on Motion to Accept Brief as Timely
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| Description |
Grant to Accept Brief Filed as Timely ~ ORDERED that the trustee's July 7, 2021 motion to deem brief as timely filed is granted. The July 7, 2021 memorandum brief is deemed timely filed as of the date of this order.
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|
| Docket Date |
2021-07-07
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| Type |
Motions Relating to Briefs
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| Subtype |
Motion to Accept Brief as Timely
|
| Description |
Motion To Accept Timely Brief
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|
| Docket Date |
2021-05-11
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| Type |
Order
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| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that within seven days of the issuance of this order, the Chapter 11 Trustee for Villas of Windmill Point II, through counsel, shall file a brief not exceeding five pages clarifying its statement that “the Court lacks subject matter jurisdiction in determining any and all assets or procedures to be followed with regard to the Villas of Windmill Point II.” The Chapter 11 Trustee shall specifically state whether the United States Bankruptcy Court’s exclusive jurisdiction precludes this court from considering the appellants appeal of the order denying the motion to intervene. The Chapter 11 Trustee shall also specifically state whether the automatic stay issued by the United States Bankruptcy Court requires this appeal be stayed or otherwise impacts the ability of this Court to decide the issues on appeal. The appellant may file a response brief not exceeding five pages within seven days of the filing of the Chapter 11 Trustee’s brief.
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| Docket Date |
2021-01-08
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| Type |
Order
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| Subtype |
Order
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| Description |
Related Case Order - Transfer ~ Upon consideration of the transfer of this case to this court from the circuit court, it is ORDERED that within ten (10) days from the date of this order, the parties shall: (1) ascertain whether there are any cases pending in this court, or any cases which are being transferred to this court from the circuit court, which are related to this case or raise same/similar issue(s); (2) if there are any related cases or cases which raise same/similar issue(s), file with this court a “Notice of Related Cases and/or Same or Similar Issues” which identifies those cases by district court and/or circuit court case number, states how those cases are related or contain same/similar issue(s) to this case, and addresses whether it would be appropriate for this court to consolidate those cases for all purposes or for purposes of assignment to the same panel; and (3) if there are no related cases or cases which raise same/similar issue(s), file a “Notice of Related Cases and/or Same or Similar Issues” which indicates that there are no related cases or cases with the same/similar issue(s).The parties may jointly file a single “Notice of Related Cases and/or Same or Similar Issues” in response to this order.
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| Docket Date |
2021-01-07
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| Type |
Record
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| Subtype |
Transcript
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| Description |
Transcript Received
|
|
| Docket Date |
2021-01-07
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| Type |
Notice
|
| Subtype |
Appeal Transfer Cover Sheet
|
| Description |
Appeal Transfer Form
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| On Behalf Of |
Thomas Lesko
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|
| Docket Date |
2021-01-07
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
NF:Not Required
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|
| Docket Date |
2021-01-07
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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|
|
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VILLAS OF WINDMILL POINT II PROPERTY OWNERS' ASSOCIATION, INC. VS GEORGE SANTULLI and CARLO PATTI
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4D2019-1066
|
2019-04-12
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Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562018CA000894
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Parties
| Name |
VILLAS OF WINDMILL POINT II PROPERTY OWNERS' ASSOCIATION, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
David M Lamos (DNU)
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|
| Name |
George Santulli
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| Role |
Respondent
|
| Status |
Active
|
| Representations |
Robert G. Rydzewski
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|
| Name |
Carlo Patti
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| Role |
Respondent
|
| Status |
Active
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|
| Name |
VILLAS OF WINDMILL POINT II POA, INC.
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| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Lawrence M. Mirman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - St. Lucie
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-07-15
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| Type |
Disposition
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| Subtype |
Denied
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| Description |
Denied - Order by Judge
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|
| Docket Date |
2019-06-27
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| Type |
Motions Other
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| Subtype |
Motion To Stay
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| Description |
Motion To Stay
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| On Behalf Of |
Villas of Windmill Point II Property Owners' Association, Inc.
|
|
| Docket Date |
2019-06-04
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| Type |
Record
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| Subtype |
Appendix to Petition
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| Description |
Appendix to Petition ~ 2ND AMENDED.
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| On Behalf Of |
Villas of Windmill Point II Property Owners' Association, Inc.
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| Docket Date |
2019-09-10
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| Type |
Order
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| Subtype |
Order on Motion for Rehearing En Banc
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| Description |
Order Denying Rehearing En Banc ~ ORDERED that the petitioner's July 30, 2019 “motion for rehearing; motion for rehearing en banc; and motion for clarification; and motion for certification; and motion for written opinion” is denied.
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| Docket Date |
2019-07-30
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| Type |
Post-Disposition Motions
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| Subtype |
Motion for Rehearing
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| Description |
Motion for Rehearing / Rehearing En Banc ~ MOTION FOR CLARIFICATION; AND MOTION FOR CERTIFICATION; AND MOTION FOR WRITTEN OPINION
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| On Behalf Of |
Villas of Windmill Point II Property Owners' Association, Inc.
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|
| Docket Date |
2019-07-15
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| Type |
Disposition by Order
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| Subtype |
Denied
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| Description |
Order Denying Petition for Writ - Certiorari ~ ORDERED that the May 29, 2019 petition for writ of certiorari is denied; further,ORDERED that petitioner’s June 27, 2019 motion for order to show cause and/or stay is denied. LEVINE, C.J., CIKLIN and GERBER, JJ., concur.
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| Docket Date |
2019-05-31
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| Type |
Order
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| Subtype |
Order Striking Filing
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| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the petitioner's appendix to the petition 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 fully text searchable, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and was not bookmarked 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.
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| Docket Date |
2019-05-30
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| Type |
Record
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| Subtype |
Appendix to Petition
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| Description |
Appendix to Petition ~ **STRICKEN**
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| On Behalf Of |
Villas of Windmill Point II Property Owners' Association, Inc.
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|
| Docket Date |
2019-05-29
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| Type |
Petition
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| Subtype |
Petition Certiorari
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| Description |
Petition for Certiorari Filed
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| On Behalf Of |
Villas of Windmill Point II Property Owners' Association, Inc.
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|
| Docket Date |
2019-05-07
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
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| Description |
Grant Extension of Time ~ ORDERED that Petitioner's May 1, 2019 motion is granted in part. The time for Petitioner to file a petition and appendix is extended thirty (30) days from the date of this order.
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| Docket Date |
2019-05-01
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time
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| Description |
Motion for Extension of Time ~ TO FILE PETITIONFOR WRIT OF CERTIORARI AND APPENDIX
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| On Behalf Of |
Villas of Windmill Point II Property Owners' Association, Inc.
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|
| Docket Date |
2019-04-26
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| Type |
Misc. Events
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| Subtype |
Case Filing Fee Paid through Portal
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| Description |
Case Filing Fee Paid Through Portal
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| On Behalf Of |
Villas of Windmill Point II Property Owners' Association, Inc.
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|
| Docket Date |
2019-04-15
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
ORD-Pay Filing Fee-Original Proceeding ~ The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes, did not accompany the petition as required in Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED.ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes, must be filed 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. The attorney filing the petition has a duty to tender the filing fee to the appellate court when the petition 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: 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 this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
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| Docket Date |
2019-04-15
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| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
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|
| Docket Date |
2019-04-12
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| Type |
Notice
|
| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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|
| Docket Date |
2019-04-12
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| Type |
Petition
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| Subtype |
Petition Certiorari
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| Description |
Petition for Certiorari Filed
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| On Behalf Of |
Villas of Windmill Point II Property Owners' Association, Inc.
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|
| Docket Date |
2019-04-12
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
FP:Fee Paid Through Portal
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|
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VILLAS OF WINDMILL POINT II PROPERTY OWNERS' ASSOCIATION, INC. VS NATIONSTAR MORTGAGE, LLC
|
SC2018-0036
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2018-01-03
|
Closed
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|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
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| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562013CA000201AXXXHC
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
4D16-2128
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Parties
| Name |
VILLAS OF WINDMILL POINT II PROPERTY OWNERS' ASSOCIATION, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
DAVID M. LAMOS, Jose D. Sosa
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|
| Name |
NATIONSTAR MORTGAGE LLC
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| Role |
Respondent
|
| Status |
Active
|
| Representations |
AVRI S. BEN-HAMO
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|
| Name |
Hon. Janet C. Croom
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Joseph E. Smith
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
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Docket Entries
| Docket Date |
2018-02-19
|
| Type |
Motion
|
| Subtype |
Ext of Time (Juris Brief)
|
| Description |
MOTION-EXT OF TIME (JURIS BRIEF) ~ Filed as "Petitioners Agreed Motion for Extention of Time"
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| On Behalf Of |
Villas of Windmill Point II Property Owners' Association, Inc.
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| View |
View File
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| Docket Date |
2018-05-02
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| Type |
Disposition
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| Subtype |
Rev DY Lack Juris
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| Description |
DISP-REV DY LACK JURIS ~ This cause having heretofore been submitted to the Court on jurisdictional briefs and portions of the record deemed necessary to reflect jurisdiction under Article V, Section 3(b), Florida Constitution, and the Court having determined that it should decline to accept jurisdiction, it is ordered that the petition for review is denied.No motion for rehearing will be entertained by the Court. See Fla. R. App. P. 9.330(d)(2).
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| Docket Date |
2018-04-09
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| Type |
Brief
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| Subtype |
Juris Answer (Amended)
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| Description |
JURIS ANSWER AMD BRIEF ~ Respondent's Second Amended Response to Petitioner's Jurisdictional Brief
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| On Behalf Of |
Nationstar Mortgage, LLC
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| View |
View File
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|
| Docket Date |
2018-04-03
|
| Type |
Order
|
| Subtype |
Brief/Appendix Stricken (Non-Compliance)
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| Description |
ORDER-BRIEF STRICKEN (NON-COMPLIANCE) ~ Respondent's Response to Petitioner's Jurisdictional Brief and Respondent's Amended Response to Petitioner's Jurisdiction Brief, which were filed with this Court on April 2, 2018, does not comply with Florida Rule of Appellate Procedure 9.210 and are hereby stricken. Respondent is hereby directed, on or before April 9, 2018, to file an amended jurisdictional answer brief which shall contain, in the following order: a cover sheet, a table of contents, a table of citations, a statement of the case and of the facts, a summary of argument, an argument, a conclusion and include a certificate of compliance which immediately follows the certificate of service.
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| Docket Date |
2018-04-02
|
| Type |
Brief
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| Subtype |
Juris Answer (Amended)
|
| Description |
JURIS ANSWER AMD BRIEF ~ Respondent's Amended Response to Petitioner's Jurisdictional Brief (* Brief stricken on 4/3/18 - Conclusion not included in brief *)
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| On Behalf Of |
Nationstar Mortgage, LLC
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| View |
View File
|
|
| Docket Date |
2018-03-12
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| Type |
Brief
|
| Subtype |
Juris Initial
|
| Description |
JURIS INITIAL BRIEF ~ Petitioner's Jurisdictional Brief
|
| On Behalf Of |
Villas of Windmill Point II Property Owners' Association, Inc.
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| View |
View File
|
|
| Docket Date |
2018-03-01
|
| Type |
Order
|
| Subtype |
Extension of Time (Juris Brief)
|
| Description |
ORDER-EXT OF TIME GR (JURIS BRIEF-PETITIONER) ~ Petitioner's "Agreed Motion for Extention of Time" is granted, and petitioner is allowed to and including March 12, 2018, in which to serve the brief on jurisdiction. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied. All other times will be extended accordingly.
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| Docket Date |
2018-03-01
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| Type |
Motion
|
| Subtype |
Ext of Time (Juris Brief)
|
| Description |
MOTION-EXT OF TIME (JURIS BRIEF) ~ Filed as "Petitioners Agreed Motion for Extention of Time"
|
| On Behalf Of |
Villas of Windmill Point II Property Owners' Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2018-02-20
|
| Type |
Order
|
| Subtype |
Extension of Time (Juris Brief)
|
| Description |
ORDER-EXT OF TIME GR (JURIS BRIEF-PETITIONER) ~ Petitioner's "Agreed Motion for Extention of Time" is granted, and petitioner is allowed to and including March 1, 2018, in which to serve the brief on jurisdiction. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied. All other times will be extended accordingly.
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| Docket Date |
2018-02-08
|
| Type |
Order
|
| Subtype |
Extension of Time (Juris Brief)
|
| Description |
ORDER-EXT OF TIME GR (JURIS BRIEF-PETITIONER) ~ Petitioner's "Agreed Motion for Extention of Time" is granted, and petitioner is allowed to and including February 19, 2018, in which to serve the brief on jurisdiction. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied. All other times will be extended accordingly.
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| Docket Date |
2018-02-07
|
| Type |
Motion
|
| Subtype |
Ext of Time (Juris Brief)
|
| Description |
MOTION-EXT OF TIME (JURIS BRIEF) ~ FIled as "Petitioners Agreed Motion for Extention of Time"
|
| On Behalf Of |
Villas of Windmill Point II Property Owners' Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2018-01-12
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
|
| Docket Date |
2018-01-12
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
PAY CASE FILING FEE-300
|
| On Behalf Of |
Villas of Windmill Point II Property Owners' Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2018-01-10
|
| Type |
Order
|
| Subtype |
Extension of Time (Juris Brief)
|
| Description |
ORDER-EXT OF TIME GR (JURIS BRIEF-PETITIONER) ~ Petitioner's motion for extension of time is granted in part, and petitioner is allowed to and including February 7, 2018, in which to serve the brief on jurisdiction. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.All other times will be extended accordingly.
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|
| Docket Date |
2018-01-09
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE
|
|
| Docket Date |
2018-01-08
|
| Type |
Motion
|
| Subtype |
Ext of Time (Juris Brief)
|
| Description |
MOTION-EXT OF TIME (JURIS BRIEF) ~ Petitioners Motion for Extension of Time
|
| On Behalf Of |
Villas of Windmill Point II Property Owners' Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2018-01-03
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
|
| On Behalf Of |
Villas of Windmill Point II Property Owners' Association, Inc.
|
| View |
View File
|
|
| Docket Date |
2018-01-03
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
