|
JOY MACK VS WACHOVIA MORTGAGE CORPORATION f/k/a WORLD SAVINGS BANK FSB
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4D2018-3799
|
2018-12-31
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 10024485
|
Parties
| Name |
Joy Mack
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
WACHOVIA MORTGAGE CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Tromberg Law, P.A., Jason F. Joseph
|
|
| Name |
WORLD SAVINGS BANK
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Joel T. Lazarus
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-12-27
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2019-12-27
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2019-12-05
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that the appellee's June 28, 2019 motion for attorney's fees and costs is denied.
|
|
| Docket Date |
2019-12-05
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2019-07-26
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Joy Mack
|
|
| Docket Date |
2019-07-25
|
| 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 July 24, 2019 motion for extension of time is granted, and appellant shall serve the reply brief on or before July 26, 2019. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
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|
| Docket Date |
2019-07-24
|
| 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 |
Joy Mack
|
|
| Docket Date |
2019-07-23
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ Upon consideration of appellee’s July 10, 2019 response, it is ORDERED that appellant’s June 3, 2019 motion to supplement the record is granted in part. The record is supplemented to include: (1) June 10, 2010 verified mortgage foreclosure complaint; (2) January 11, 2012 emergency motion for protective order; and (3) March 7, 2012 notice of voluntary dismissal, which are all included in appellant’s May 31, 2019 appendix to the initial brief. The request is denied as to the November 29, 2018 notice of hearing, as this document does not appear on the circuit court docket and it does not appear that it was considered by the circuit court in the underlying case, and therefore it should not be included in the record on appeal.
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|
| Docket Date |
2019-07-16
|
| 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 July 10, 2019 motion for extension of time is granted, and appellant shall serve the reply brief on or before July 23, 2019. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
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|
| Docket Date |
2019-07-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
WACHOVIA MORTGAGE CORPORATION
|
|
| Docket Date |
2019-07-09
|
| 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 |
Joy Mack
|
|
| Docket Date |
2019-07-01
|
| Type |
Order
|
| Subtype |
Order on Motion to Accept Brief as Timely
|
| Description |
Grant to Accept Brief Filed as Timely ~ ORDERED that appellant’s June 3, 2019 “motion to permit untimely submission of appellants initial brief and appendix” is granted, and the initial brief and appendix are deemed timely filed. Further, ORDERED that appellee shall respond, within ten (10) days from the date of this order, to appellant’s June 3, 2019 motion to supplement the record.
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|
| Docket Date |
2019-06-28
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
WACHOVIA MORTGAGE CORPORATION
|
|
| Docket Date |
2019-06-26
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
WACHOVIA MORTGAGE CORPORATION
|
|
| Docket Date |
2019-06-24
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the appellee's 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 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 |
2019-06-21
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| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ AMENDED. ***STRICKEN 6/24/19***
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| On Behalf Of |
WACHOVIA MORTGAGE CORPORATION
|
|
| Docket Date |
2019-06-20
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the appellee'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 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 |
2019-06-19
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
WACHOVIA MORTGAGE CORPORATION
|
|
| Docket Date |
2019-06-19
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ ***STRICKEN 6/20/19***
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| On Behalf Of |
WACHOVIA MORTGAGE CORPORATION
|
|
| Docket Date |
2019-06-03
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Accept Brief as Timely
|
| Description |
Motion To Accept Timely Brief
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| On Behalf Of |
Joy Mack
|
|
| Docket Date |
2019-06-03
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Joy Mack
|
|
| Docket Date |
2019-05-31
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Joy Mack
|
|
| Docket Date |
2019-05-31
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Joy Mack
|
|
| Docket Date |
2019-05-23
|
| 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 May 17, 2019 motion for extension of time is granted, and appellant shall serve the initial brief within seven (7) 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.
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|
| Docket Date |
2019-05-17
|
| 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 |
Joy Mack
|
|
| Docket Date |
2019-05-07
|
| 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 May 1, 2019 motion for extension of time is granted, and appellant shall serve the initial brief within ten (10) 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.
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|
| Docket Date |
2019-05-02
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 47 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-05-01
|
| 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 |
Joy Mack
|
|
| Docket Date |
2019-04-08
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Upon consideration of appellant’s January 28, 2019 jurisdictional brief and appellee’s February 25, 2019 response, it is ORDERED that this appeal shall proceed as a final appeal pursuant to Florida Rule of Appellate Procedure 9.110. See U.S. Bank National Association v. Rodriguez, 256 So. 3d 882 (Fla. 4th DCA 2018) (reversing an order denying a motion to return the original note and mortgage in a foreclosure action); further,ORDERED that appellant's April 2, 2019 motion for extension of time is granted, and appellant shall serve the initial brief on or before May 2, 2019. 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.
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|
| Docket Date |
2019-04-02
|
| 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 |
Joy Mack
|
|
| Docket Date |
2019-03-12
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| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
ORD-Reinstatement ~ ORDERED that the appellant's March 7, 2019 motion for reinstatement is granted, and the above-styled appeal is reinstated.
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|
| Docket Date |
2019-03-07
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
Joy Mack
|
|
| Docket Date |
2019-03-04
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2019-03-04
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigent Status
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-03-04
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that the appellant's March 1, 2019 reply to response is stricken as unauthorized.
|
|
| Docket Date |
2019-03-04
|
| 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 nonpayment of the $300.00 filing fee.
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|
| Docket Date |
2019-03-01
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| Type |
Response
|
| Subtype |
Reply to Response
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| Description |
Reply to Response ~ ****STRICKEN AS UNAUTHORIZED 3/4/19****
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| On Behalf Of |
Joy Mack
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|
| Docket Date |
2019-02-25
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| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO JURISDICTIONAL BRIEF
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| On Behalf Of |
WACHOVIA MORTGAGE CORPORATION
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|
| Docket Date |
2019-02-20
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| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
WACHOVIA MORTGAGE CORPORATION
|
|
| Docket Date |
2019-02-18
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| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Affidavit of Non-Payment of Appeal Invoice filed by the clerk of the lower tribunal on February 7, 2019, appellant is ordered to file a report within ten (10) days from the date of this order, as to the status of the preparation of the record on appeal.
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| Docket Date |
2019-02-14
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| 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 28, 2019 jurisdictional brief.
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|
| Docket Date |
2019-02-07
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
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| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-02-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant's January 28, 2019 motion for extension of time is granted, and the time in which to comply with this court's December 31, 2018 order is extended ten (10) days from the date of this order.
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| Docket Date |
2019-01-28
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| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Joy Mack
|
|
| Docket Date |
2019-01-28
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
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| On Behalf Of |
Joy Mack
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|
| Docket Date |
2019-01-15
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant's January 11, 2019 motion for extension of time is granted, and the time in which to comply with this court's December 31, 2018 order is extended to and including January 23, 2019.
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| Docket Date |
2019-01-11
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| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO PAY FILING FEE. (DETERMINATION OF INDIGENT STATUS ATTACHED- NOT INDIGENT)
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| On Behalf Of |
Joy Mack
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|
| Docket Date |
2019-01-07
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| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
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| 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 orders on appeal are final, appealable orders pursuant to Florida Rule of Appellate Procedure 9.110; furtherAppellee may file a response within ten (10) days of service of that statement.
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| Docket Date |
2018-12-31
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| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
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|
| Docket Date |
2018-12-31
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| Type |
Order
|
| Subtype |
Order on Filing Fee
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| 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, 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, 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 the entry of this order. 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 Circuit Court 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 Circuit Court 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 circuit court clerk's determination of indigent status is filed.
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| Docket Date |
2018-12-31
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
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|
| Docket Date |
2018-12-31
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
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| On Behalf Of |
Joy Mack
|
|
|
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WACHOVIA MORTGAGE CORPORATION VS VERANDA CONDOMINIUM I, LLC, et al
|
4D2017-2249
|
2017-07-19
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 10 38942 (02)
|
Parties
| Name |
WACHOVIA MORTGAGE CORPORATION
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Christine Riley Davis, Michael K. Winston, Jeffrey Alan Cohen
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
WEST CITY REALTY ADVISORS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. John B. Bowman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
VERANDA CONDOMINIUM I, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Bruce S. Rogow, Joshua Alper, Tara Ann Campion, Jessica L. Kopas, William Robert Scherer
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-12-04
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the November 30, 2018 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2018-07-17
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on October 2, 2018, at 10:00 A.M. for 15 minutes per side. The parties are advised that the oral argument will occur at the new Fourth District Court of Appeal Courthouse at 110 S. Tamarind Avenue, West Palm Beach, FL 33401. The court calendars can be viewed on this court's website at HYPERLINK "http://www.4dca.org" www.4dca.org. Attorneys not registered with this court’s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order.
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|
| Docket Date |
2018-06-07
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
VERANDA CONDOMINIUM I, LLC
|
|
| Docket Date |
2018-06-06
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
WACHOVIA MORTGAGE CORPORATION
|
|
| Docket Date |
2018-06-06
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
WACHOVIA MORTGAGE CORPORATION
|
|
| Docket Date |
2018-04-26
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ 30 DAYS TO 6/06/18
|
| On Behalf Of |
WACHOVIA MORTGAGE CORPORATION
|
|
| Docket Date |
2018-04-12
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
VERANDA CONDOMINIUM I, LLC
|
|
| Docket Date |
2018-03-06
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 4/12/18
|
| On Behalf Of |
VERANDA CONDOMINIUM I, LLC
|
|
| Docket Date |
2017-12-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 60 DAYS TO 3/13/18
|
| On Behalf Of |
VERANDA CONDOMINIUM I, LLC
|
|
| Docket Date |
2017-12-18
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
WACHOVIA MORTGAGE CORPORATION
|
|
| Docket Date |
2017-11-03
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
Received Exhibits ~ **CONFIDENTIAL**
|
|
| Docket Date |
2017-11-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 45 DAYS TO 12/18/17
|
| On Behalf Of |
WACHOVIA MORTGAGE CORPORATION
|
|
| Docket Date |
2017-10-18
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ (5702 PAGES)
|
|
| Docket Date |
2017-09-27
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Grant Supplemental ROA & EOT for Brief ~ ORDERED that appellant's September 22, 2017 motion to supplement the record and for extension of time is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within twenty (20) days from the date of this order. Appellant shall monitor the supplementation process. Further,ORDERED that appellant shall serve the initial brief within twenty (20) days from receipt of the supplemental record.
|
|
| Docket Date |
2017-09-22
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion Supplemental Record & Eot For Brief
|
| On Behalf Of |
WACHOVIA MORTGAGE CORPORATION
|
|
| Docket Date |
2017-07-26
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
WACHOVIA MORTGAGE CORPORATION
|
|
| Docket Date |
2017-07-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2018-07-18
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion For Continuation of Oral Argument
|
| Description |
Motion For Continuation of Oral Argument
|
| On Behalf Of |
VERANDA CONDOMINIUM I, LLC
|
|
| Docket Date |
2017-07-19
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
WACHOVIA MORTGAGE CORPORATION
|
|
| Docket Date |
2017-07-19
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-12-04
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2018-11-30
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
WACHOVIA MORTGAGE CORPORATION
|
|
| Docket Date |
2018-11-08
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Order Granting Relinquishment of Jurisdiction ~ ORDERED that the parties’ November 5, 2018 motion to relinquish jurisdiction is granted. Jurisdiction is relinquished to the trial court for forty-five (45) days.The parties shall forward to this court a copy of any order issued during relinquishment. It is further ordered that the parties shall monitor this proceeding in the trial court. The parties shall file a status report on or before that time. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
| Docket Date |
2018-11-05
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction ~ (JOINT)
|
| On Behalf Of |
WACHOVIA MORTGAGE CORPORATION
|
|
| Docket Date |
2018-10-23
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that appellant's October 29, 2018 Joint Motion to Cancel Oral Argument is hereby granted. The parties shall file a status report within thirty (30) days of this order.
|
|
| Docket Date |
2018-10-19
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ JOINT MOTION TO CANCEL ORAL ARGUMENT
|
| On Behalf Of |
WACHOVIA MORTGAGE CORPORATION
|
|
| Docket Date |
2018-09-12
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on October 30, 2018, at 11:00 A.M. for 15 minutes per side. The parties are advised that the oral argument will occur at the new Fourth District Court of Appeal Courthouse at 110 S. Tamarind Avenue, West Palm Beach, FL 33401. The court calendars can be viewed on this court's website at HYPERLINK "http://www.4dca.org" www.4dca.org. Attorneys not registered with this court’s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order.
|
|
| Docket Date |
2018-07-23
|
| Type |
Order
|
| Subtype |
Order on Motion For Continuation of Oral Argument
|
| Description |
Grant Continuance of Oral Argument ~ ORDERED that the appellee Veranda Condominium I, LLC's July 18, 2018 motion for continuance of oral argument is granted. Oral argument scheduled for October 2, 2018 is cancelled and will be rescheduled for a later date.
|
|
|
|
PAUL J. POSTI, JR. VS WACHOVIA MORTGAGE CORPORATION
|
4D2016-2238
|
2016-07-05
|
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
502009CA024722XXXXMB
|
Parties
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PAUL J. POSTI, JR.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Adriana C. Clamens, Jeffrey Allen Harrington
|
|
| Name |
WACHOVIA MORTGAGE CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Michael K. Winston, Dean A. Morande, ALANA ZORRILLA-GASTON
|
|
| Name |
HON. CATHERINE M. BRUNSON
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-09-23
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2016-09-23
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Grant Voluntary Dismissal (Joint) ~ Pursuant to the parties' stipulation for dismissal of appeal with prejudice, this case is dismissed.
|
|
| Docket Date |
2016-09-21
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ (STIPULATION)
|
| On Behalf Of |
PAUL J. POSTI, JR.
|
|
| Docket Date |
2016-09-09
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 10/10/16
|
| On Behalf Of |
PAUL J. POSTI, JR.
|
|
| Docket Date |
2016-08-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
ORD-Reinstatement ~ ORDERED that the appellant's July 28, 2016 motion for reinstatement is granted, and the above-styled appeal is reinstated. Appellant's initial brief shall be filed on or before September 9, 2016.
|
|
| Docket Date |
2016-07-28
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO REINSTATE
|
| On Behalf Of |
PAUL J. POSTI, JR.
|
|
| Docket Date |
2016-07-28
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
PAUL J. POSTI, JR.
|
|
| Docket Date |
2016-07-27
|
| 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 nonpayment of the $300.00 filing fee.
|
|
| Docket Date |
2016-07-27
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2016-07-07
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
WACHOVIA MORTGAGE CORPORATION
|
|
| Docket Date |
2016-07-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-07-06
|
| 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. 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 |
2016-07-05
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
PAUL J. POSTI, JR.
|
|
| Docket Date |
2016-07-05
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
JANICE GRIFFIN VS WACHOVIA MORTGAGE CORPORATION
|
4D2016-1563
|
2016-05-12
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE09029922
|
Parties
| Name |
JANICE GRIFFIN
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jonathan H. Kline
|
|
| Name |
WACHOVIA MORTGAGE CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
DAVID J. MILLER, ROBERT SCHNEIDER, Denise Michelle Rosenthal, Kimberly S. Mello, Ryan Joseph Weeks, Michele L. Stocker
|
|
| Name |
Hon. Joel T. Lazarus
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-07-26
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the July 24, 2017 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2017-07-24
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
JANICE GRIFFIN
|
|
| Docket Date |
2017-07-12
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ Upon consideration of appellee's June 15, 2017 motion to lift stay and dismiss the appeal, appellant is ORDERED to file either 1) a notice of voluntary dismissal or 2) a response explaining why the appeal should not be dismissed, within ten (10) days from the date of this order. Failure to comply will result in the motion to dismiss being granted and this appeal being dismissed.
|
|
| Docket Date |
2017-07-26
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Moot ~ ORDERED that the appellee's June 15, 2017 motion to lift stay and dismiss appeal is determined to be moot.
|
|
| Docket Date |
2017-07-26
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2017-06-15
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO DISMISS AND MOTION TO LIFT STAY.
|
| On Behalf Of |
WACHOVIA MORTGAGE CORPORATION
|
|
| Docket Date |
2017-06-15
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ *AND* MOTION TO LIFT STAY.
|
| On Behalf Of |
WACHOVIA MORTGAGE CORPORATION
|
|
| Docket Date |
2017-06-07
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ BANKRUPTCY PROCEEDINGS ARE STILL PENDING
|
| On Behalf Of |
JANICE GRIFFIN
|
|
| Docket Date |
2017-05-25
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that the appellant is directed to file a status report within ten (10) days fromthe date of this order regarding the bankruptcy proceedings.
|
|
| Docket Date |
2017-02-23
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
JANICE GRIFFIN
|
|
| Docket Date |
2017-02-16
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that the appellant is directed to file a status report within ten (10) days from the date of this order regarding the bankruptcy proceedings.
|
|
| Docket Date |
2016-11-14
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
JANICE GRIFFIN
|
|
| Docket Date |
2016-08-15
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
JANICE GRIFFIN
|
|
| Docket Date |
2016-06-08
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
WACHOVIA MORTGAGE CORPORATION
|
|
| Docket Date |
2016-05-20
|
| 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.
|
|
| Docket Date |
2016-05-13
|
| Type |
Order
|
| Subtype |
Order Reclassifying Case
|
| Description |
ORD-Final Appeal Treated as Non-Final ~ ORDERED sua sponte that the court determines that this appeal seeks review of a non-final order, rather than a final order. 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 Florida Rule of Appellate Procedure 9.130(e), 9.220. The clerk of the lower tribunal shall not transmit a record on appeal unless ordered by this court.
|
|
| Docket Date |
2016-05-13
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ ORDER APPEALED
|
| On Behalf Of |
JANICE GRIFFIN
|
|
| Docket Date |
2016-05-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-05-12
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
JANICE GRIFFIN
|
|
| Docket Date |
2016-05-12
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
KATHY REHMAN and MALIK REHMAN VS WACHOVIA MORTGAGE CORPORATION
|
4D2014-0832
|
2014-03-03
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
2008CA056884 (11)
|
Parties
| Name |
MALIK REHMAN
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
KATHY REHMAN
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Bruce K. Herman
|
|
| Name |
WACHOVIA MORTGAGE CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Gabriel M. Hartsell, Emily Y. Rottmann, RUWAN SUGATHAPALA, Roy Diaz, Sara F. Holladay-Tobias
|
|
| Name |
Hon. Barry Stone
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-08-07
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2015-08-05
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ & DESIGNATION OF EMAIL ADDRESS
|
| On Behalf Of |
WACHOVIA MORTGAGE CORPORATION
|
|
| Docket Date |
2015-07-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc ~ ORDERED that the appellants' June 12, 2015 motion for rehearing, rehearing en banc and for issuance of a written opinion is denied.
|
|
| Docket Date |
2015-07-21
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2015-06-12
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc ~ *AND* FOR ISSUANCE OF A WRITTEN OPINION
|
| On Behalf Of |
KATHY REHMAN
|
|
| Docket Date |
2015-06-04
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2015-06-04
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that the appellant's August 5, 2014 motion for attorneys' fees is denied.
|
|
| Docket Date |
2014-11-17
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
KATHY REHMAN
|
|
| Docket Date |
2014-11-12
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF CHANGE OF ATTORNEY OF RECORD
|
| On Behalf Of |
WACHOVIA MORTGAGE CORPORATION
|
|
| Docket Date |
2014-10-27
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
WACHOVIA MORTGAGE CORPORATION
|
|
| Docket Date |
2014-09-04
|
| 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 motion filed August 29, 2014, for extension of time, is granted and appellee shall serve the answer brief on or before October 27, 2014. 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 |
2014-08-29
|
| 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 |
WACHOVIA MORTGAGE CORPORATION
|
|
| Docket Date |
2014-08-27
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that Appellants' August 5, 2014 Motion to Supplement the Record with the trial transcript, is granted and the record is supplemented to include the transcript of the trial court proceedings dated February 10, 2014. Said supplemental record is deemed filed the date of the entry of this order. Further, ORDERED that Appellants' July 1, 2014 Motion for Extension of Time to file Initial Brief is denied as moot since the brief was filed on August 5, 2014.
|
|
| Docket Date |
2014-08-27
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ **SEE 8/27/14 ORDER**
|
| On Behalf Of |
KATHY REHMAN
|
|
| Docket Date |
2014-08-05
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record ~ (GRANTED 8/27/14)
|
| On Behalf Of |
KATHY REHMAN
|
|
| Docket Date |
2014-08-05
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
KATHY REHMAN
|
|
| Docket Date |
2014-08-05
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
KATHY REHMAN
|
|
| Docket Date |
2014-08-04
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
Received Exhibits ~ **IN CONFIDENTIAL**
|
|
| Docket Date |
2014-07-31
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ TWO (2) VOLUMES
|
|
| Docket Date |
2014-07-01
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ (DENIED AS MOOT 8/27/14)
|
| On Behalf Of |
KATHY REHMAN
|
|
| Docket Date |
2014-05-14
|
| Type |
Order
|
| Subtype |
Order to Register/Update eDCA
|
| Description |
Counsel to register with eDCA ~ Be advised that Ruwan Sugathapala has failed to comply with this Court¿s Administrative Order No. 2013-01, requiring counsel of record to register with the Fourth District Court of Appeal¿s electronic filing system to receive electronic copies of court communications, including but not limited to orders.You are further advised that to receive all communications from this Court in electronic form you must register at www.4dca.org or https://edca.4dca.org.Unless you obtain a hardship waiver of the registration requirement the Clerk of the Court shall cease mailing paper copies of all communications from the Court to you after ten (10) days from the date of this order.Paper copies can be obtained by completing a Copy Request Form located at www.4dca.org.AMERICANS WITH DISABILITIES ACT: If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, the provision of certain assistance. Please contact the Marshal, Daniel DiGiacomo, 4th District Court of Appeal, 1525 Palm Beach Lakes Blvd., West Palm Beach, Florida 33401, telephone (561)242-2000; 1-800-955-8771(TDD): or 1-800-955-8770(V) via Florida Relay Service, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
|
|
| Docket Date |
2014-05-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Record
|
| Description |
ORD-Grant EOT to Complete ROA ~ ORDERED that the clerk's motion filed May 2, 2014, for extension of time is granted, and the time for the clerk of the circuit court to prepare the record on appeal and serve the index thereto is hereby extended forty-five (45) days from the date of this order. All other time frames are hereby extended accordingly. See Fla. R. App. P. 9.300(b); further,ORDERED that appellants' motion filed April 29, 2014, for extension of time is granted, and appellant shall serve the initial brief on or before July 5, 2014. 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 |
2014-05-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time for Record
|
| Description |
Motion Extension of Time To Complete ROA
|
|
| Docket Date |
2014-04-29
|
| 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 |
KATHY REHMAN
|
|
| Docket Date |
2014-03-11
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement ~ AA Bruce K. Herman 0260622
|
|
| Docket Date |
2014-03-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2014-03-03
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
KATHY REHMAN
|
|
| Docket Date |
2014-03-03
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
MIKEL ANDERSON VS WACHOVIA MORTGAGE CORP., JOHN W. CHILTON, ET AL.
|
4D2013-1895
|
2013-05-31
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE10012822
|
Parties
| Name |
MIKEL ANDERSON
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jerome R. Schechter
|
|
| Name |
WACHOVIA MORTGAGE CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Christian J. Gendreau
|
|
| Name |
JOHN W. CHILTON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Joel T. Lazarus
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2014-04-24
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed (No Record)
|
|
| Docket Date |
2014-04-04
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2014-03-17
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2014-03-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that appellant's motion filed February 21, 2014, for rehearing and clarification is hereby denied.
|
|
| Docket Date |
2014-02-21
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ (DENIED 3/17/14)
|
| On Behalf Of |
MIKEL ANDERSON
|
|
| Docket Date |
2014-02-12
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Citation
|
|
| Docket Date |
2014-02-04
|
| Type |
Order
|
| Subtype |
Order to Register/Update eDCA
|
| Description |
Counsel to register with eDCA ~ Be advised that Trent A. Kennelly has failed to comply with this Court¿s Administrative Order No. 2013-01, requiring counsel of record to register with the Fourth District Court of Appeal¿s electronic filing system to receive electronic copies of court communications, including but not limited to orders.You are further advised that to receive all communications from this Court in electronic form you must register at www.4dca.org or https://edca.4dca.org.Unless you obtain a hardship waiver of the registration requirement the Clerk of the Court shall cease mailing paper copies of all communications from the Court to you after ten (10) days from the date of this order.Paper copies can be obtained by completing a Copy Request Form located at www.4dca.org.AMERICANS WITH DISABILITIES ACT: If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, the provision of certain assistance. Please contact the Marshal, Daniel DiGiacomo, 4th District Court of Appeal, 1525 Palm Beach Lakes Blvd., West Palm Beach, Florida 33401, telephone (561)242-2000; 1-800-955-8771 (TDD): or 1-800-955-8770(V) via Florida Relay Service, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
|
|
| Docket Date |
2014-01-31
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ TO INITIAL BRIEF
|
| On Behalf Of |
MIKEL ANDERSON
|
|
| Docket Date |
2014-01-31
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Deny Extension of Time ~ ORDERED that the appellant's motion filed January 24, 2014, to extend time to comply with this Court's order of January 16, 2014, is hereby denied.
|
|
| Docket Date |
2014-01-31
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
WACHOVIA MORTGAGE CORPORATION
|
|
| Docket Date |
2014-01-24
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO COMPLY WITH 1/16/14 ORDER (DENIED 1/31/14)
|
| On Behalf Of |
MIKEL ANDERSON
|
|
| Docket Date |
2014-01-16
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that this court rejected the appendix filed in this case because it was not hyperlinked or bookmarked. See Administrative Order 2013-04 (¿The appendix must be properly indexed and either bookmarked or hyperlinked¿). Within ten (10) days of this order, petitioner shall file an appendix which contains hyperlinks, or bookmarks, to each section of the appendix.
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|
| Docket Date |
2013-08-12
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
MIKEL ANDERSON
|
|
| Docket Date |
2013-07-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ 30 DAYS
|
|
| Docket Date |
2013-07-03
|
| 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 |
MIKEL ANDERSON
|
|
| Docket Date |
2013-06-24
|
| Type |
Order
|
| Subtype |
Order Reclassifying Case
|
| Description |
ORD-Final Appeal Treated as Non-Final ~ ORDERED, on the court's own motion, that the court hereby determines that this appeal seeks review of a non-final order, rather than a final order. Appellant shall serve an initial brief and an accompanying appendix within fifteen (15) days of this order. See Florida Rule of Appellate Procedure 9.130(e) and 9.220. The clerk of the lower tribunal shall not transmit a record on appeal unless ordered by this court.
|
|
| Docket Date |
2013-06-12
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ CERT. COPY FILED 6/5/13 (NO ORDER ATTACHED)
|
|
| Docket Date |
2013-06-04
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2013-06-04
|
| 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, 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 the entry of this order. 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. 4DCA 1997). Failure of the attorney to pay will result in referral to the Florida Department of Banking and Finance 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 |
2013-05-31
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
MIKEL ANDERSON
|
|
| Docket Date |
2013-05-31
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
GEORGE POLLIS, ETC. AND ELIZABETH POLLIS VS WACHOVIA MORTGAGE CORPORATION
|
4D2013-1786
|
2013-05-22
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502008CA014631
|
Parties
| Name |
GEORGE POLLIS
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Owen Schultz
|
|
| Name |
ELIZABETH POLLIS
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
WACHOVIA MORTGAGE CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
GARY DENNIS FIELDS, Allyson L. Smith, Dean A. Morande, Michael K. Winston
|
|
| Name |
FORCLOSURE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Gregory M. Keyser
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2013-05-30
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2013-05-22
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
GEORGE POLLIS
|
|
| Docket Date |
2013-05-22
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2013-09-17
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed (No Record)
|
|
| Docket Date |
2013-07-25
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2013-07-25
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~
|
|
| Docket Date |
2013-07-23
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Motion For Voluntary Dismissal
|
| On Behalf Of |
GEORGE POLLIS
|
|
| Docket Date |
2013-07-15
|
| Type |
Order
|
| Subtype |
Show Cause re Compliance with Prior Order
|
| Description |
Order to Show Cause-Appeal Dismissal ~ (10 days failure to complete financial arrangements/ for preparation of the transcript)
|
|
| Docket Date |
2013-07-10
|
| Type |
Misc. Events
|
| Subtype |
Court Reporter Acknowledgement Letter
|
| Description |
Court Reporter Acknowledgment Letter ~ FINANCIAL ARRANGEMENTS HAVE NOT BEEN MADE
|
|
| Docket Date |
2013-06-19
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement ~ AA Owen Schultz 0066257
|
|
| Docket Date |
2013-06-12
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
WACHOVIA MORTGAGE CORPORATION
|
|
|
|
MICHAEL GRILLE, MAUREEN GRILLE, ET AL., VS WACHOVIA MORTGAGE CORPORATION
|
2D2013-2105
|
2013-05-03
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
10-CA-2506
|
Parties
| Name |
MAUREEN GRILLE
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
RICHARD CORASH
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MICHAEL GRILLE
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
PAMELA STEWART, ESQ.
|
|
| Name |
WACHOVIA MORTGAGE CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
MICHAEL K. WINSTON, ESQ., DEAN A. MORANDE, ESQ., BRIAN HUMMEL, ESQ.
|
|
| Name |
COLLIER CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-07-13
|
| Type |
Misc. Events
|
| Subtype |
Case Destroyed
|
| Description |
Case Destroyed
|
|
| Docket Date |
2013-07-02
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2013-06-06
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ Casanueva, Wallace, and Morris
|
|
| Docket Date |
2013-06-06
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-SUA SPONTE DISMISSAL
|
|
| Docket Date |
2013-05-16
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
WACHOVIA MORTGAGE CORPORATION
|
|
| Docket Date |
2013-05-14
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORDER VACATED ~ vacating fee order of 05-09-13
|
|
| Docket Date |
2013-05-09
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2013-05-08
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
order appealed
|
|
| Docket Date |
2013-05-03
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
MICHAEL GRILLE
|
|
| Docket Date |
2013-05-03
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
