|
Maribel Fernandez, Petitioner(s) v. Quality Service Realty et al, Respondent(s)
|
SC2024-1217
|
2024-08-20
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
3rd District Court of Appeal
3D2024-0773;
|
Parties
| Name |
Maribel Fernandez
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
QUALITY SERVICE REALTY, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Louis C Senat
|
|
| Name |
Robert Sucar
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
DREW S. SHERIDAN, P.A.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Drew Stuart Sheridan
|
|
| Name |
ANNETTE MARIE LOPEZ MUNOZ, P.A.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
FIRST INTERNATIONAL TITLE, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Robert Rex Edwards
|
|
| Name |
QUALITY RESEARCH SERVICES CORP
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
AMERICAN EXPRESS COMPANY
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Adam Ray Hoock
|
|
| Name |
Hon. Ariana Fajardo Orshan
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
3DCA Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
KEY INTERNATIONAL SALES LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Jose Guillermo Sepulveda
|
|
| Name |
Bank of America, N.A.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Edward Paul Cuffe, Emily Yandle Rottmann, Jason Richard Bowyer
|
|
Docket Entries
| Docket Date |
2024-08-21
|
| Type |
Event
|
| Subtype |
No Fee - Insolvent
|
| Description |
No Fee - Insolvent
|
|
| Docket Date |
2024-08-20
|
| Type |
Brief
|
| Subtype |
Juris Initial
|
| Description |
"Notice of Filing Initial Brief" -- Placed with file.
|
| On Behalf Of |
Maribel Fernandez
|
|
| Docket Date |
2024-08-19
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
Filed as Notice of Appeal, treated as Notice to Invoke Discretionary Jurisdiction - Uncertified Copy filed 08/17/2024
|
| On Behalf Of |
Maribel Fernandez
|
| View |
View File
|
|
| Docket Date |
2024-08-19
|
| Type |
Order
|
| Subtype |
District Court of Appeal
|
| Description |
District Court of Appeal - Filed 08/17/2024
|
| View |
View File
|
|
| Docket Date |
2024-08-21
|
| Type |
Disposition
|
| Subtype |
Rev/Appeal Dism No Juris Omnibus
|
| Description |
Petitioner's Notice to Invoke Discretionary Jurisdiction, seeking review of the order or opinion issued by the 3rd District Court of Appeal on August 16, 2024, is hereby dismissed. This Court lacks jurisdiction to review an unelaborated decision from a district court of appeal that is issued without opinion or explanation or that merely cites to an authority that is not a case pending review in, or reversed or quashed by, this Court. See Wheeler v. State, 296 So. 3d 895 (Fla. 2020); Wells v. State, 132 So. 3d 1110 (Fla. 2014); Jackson v. State, 926 So. 2d 1262 (Fla. 2006); Gandy v. State, 846 So. 2d 1141 (Fla. 2003); Stallworth v. Moore, 827 So. 2d 974 (Fla. 2002); Harrison v. Hyster Co., 515 So. 2d 1279 (Fla. 1987); Dodi Publ'g Co. v. Editorial Am. S.A., 385 So. 2d 1369 (Fla. 1980); Jenkins v. State, 385 So. 2d 1356 (Fla. 1980).
No motion for rehearing or reinstatement will be entertained by the Court.
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| View |
View File
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|
|
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Maribel Fernandez, Appellant(s), v. Quality Service Realty, Inc., et al., Appellee(s).
|
3D2024-0773
|
2024-04-30
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
23-16580-CA-01
|
Parties
| Name |
Maribel Fernandez
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
QUALITY SERVICE REALTY, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Louis C Senat
|
|
| Name |
KEY INTERNATIONAL SALES LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jose Guillermo Sepulveda
|
|
| Name |
Robert Sucar
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DREW S. SHERIDAN, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Drew Stuart Sheridan
|
|
| Name |
ANNETTE MARIE LOPEZ MUNOZ, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FIRST INTERNATIONAL TITLE, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Robert Rex Edwards
|
|
| Name |
QUALITY RESEARCH SERVICES CORP
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Robert Rex Edwards
|
|
| Name |
AMERICAN EXPRESS COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Adam Ray Hoock
|
|
| Name |
Bank of America, N.A.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Emily Yandle Rottmann, Jason Richard Bowyer, Edward Paul Cuffe
|
|
| Name |
Hon. Ariana Fajardo Orshan
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-09-26
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-09-26
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp. w/o Mandate
|
|
| Docket Date |
2024-08-22
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed
|
| On Behalf Of |
Maribel Fernandez
|
| View |
View File
|
|
| Docket Date |
2024-08-22
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| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
| On Behalf Of |
Maribel Fernandez
|
| View |
View File
|
|
| Docket Date |
2024-08-21
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| Type |
Supreme Court
|
| Subtype |
Supreme Court Order
|
| Description |
Supreme Court Order
|
| View |
View File
|
|
| Docket Date |
2024-08-20
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| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
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| Description |
Upon consideration, Appellees First International Title, LLC, and
Quality Research Services Corp.'s Motion to Dismiss the Appeal with
Prejudice is hereby denied as moot based on the Court's sua sponte Order
dismissing the case for failure to comply.
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| View |
View File
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|
| Docket Date |
2024-08-19
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| Type |
Supreme Court
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| Subtype |
Notice to Invok. Disc. Jur. FSC
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| Description |
Notice to Invok. Disc. Jur. FSC
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| On Behalf Of |
Maribel Fernandez
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| View |
View File
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|
| Docket Date |
2024-08-16
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| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Upon the Court's own motion, it is ordered that the above-styled appeal is hereby dismissed for failure to file an initial brief that complies with Florida Rule of Appellate Procedure 9.210, as previously ordered by the Court.
LOGUE, C.J., and LINDSEY and BOKOR, JJ., concur.
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| View |
View File
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|
| Docket Date |
2024-08-16
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| Type |
Motions Other
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| Subtype |
Motion To Dismiss
|
| Description |
Motion by Appellees First International Title and Quality Research Services Corp. to Dismiss Appeal with Prejudice
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| On Behalf Of |
First International Title, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-07-22
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| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Maribel Fernandez
|
| View |
View File
|
|
| Docket Date |
2024-07-19
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| Type |
Order
|
| Subtype |
Order
|
| Description |
Pro se Appellant's Response filed on June 15, 2024, is hereby
noted.
|
| View |
View File
|
|
| Docket Date |
2024-07-16
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| Type |
Response
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| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Maribel Fernandez
|
| View |
View File
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|
| Docket Date |
2024-07-16
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| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Upon consideration, Appellees', First International Title, LLC's,
and Quality Research Services Corp.'s., and Bank of America's, Motions to
Strike Initial Briefs are hereby granted, and the Initial Briefs are hereby
stricken. Appellant may file an amended initial brief within twenty (20) days,
compliant with Fla. R. App. P. 9.210.
|
| View |
View File
|
|
| Docket Date |
2024-07-09
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| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Key International Sales, LLC's Answer Brief
|
| On Behalf Of |
Key International Sales, LLC
|
| View |
View File
|
|
| Docket Date |
2024-07-03
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| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
American Express Company
|
| View |
View File
|
|
| Docket Date |
2024-06-19
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| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Maribel Fernandez
|
| View |
View File
|
|
| Docket Date |
2024-06-18
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| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief of Appellant
|
| On Behalf Of |
Maribel Fernandez
|
| View |
View File
|
|
| Docket Date |
2024-06-13
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Appellee Bank of America's Motion To Strike Initial Brief
|
| On Behalf Of |
Bank of America, N.A.
|
| View |
View File
|
|
| Docket Date |
2024-06-10
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Quality Service Realty, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-06-05
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| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Key International Sales, LLC
|
| View |
View File
|
|
| Docket Date |
2024-05-22
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| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
First International Title, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-05-21
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing
|
| On Behalf Of |
Maribel Fernandez
|
| View |
View File
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|
| Docket Date |
2024-05-20
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| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing
|
| On Behalf Of |
Maribel Fernandez
|
| View |
View File
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|
| Docket Date |
2024-05-17
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| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Bank of America, N.A.
|
| View |
View File
|
|
| Docket Date |
2024-05-14
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief of Appellant-1 of 2
|
| On Behalf Of |
Maribel Fernandez
|
| View |
View File
|
|
| Docket Date |
2024-05-06
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| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed filed.
|
| On Behalf Of |
Maribel Fernandez
|
| View |
View File
|
|
| Docket Date |
2024-04-30
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment of a New Case Letter.
|
| View |
View File
|
|
| Docket Date |
2024-04-30
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| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
|
| Docket Date |
2024-04-30
|
| Type |
Miscellaneous Document
|
| Subtype |
Affidavit of Indigency
|
| Description |
Approved Affidavit of Indigency.
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2024-04-30
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal for 3D2024-0773. Related case: 24-0597. Order on appeal not attached. Certificate of service not provided.
|
| On Behalf Of |
Maribel Fernandez
|
| View |
View File
|
|
| Docket Date |
2024-09-06
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Upon consideration, pro se Appellant's Initial Brief, and Notice of Appeal, both filed on August 22, 2024, are hereby stricken as unauthorized.
|
| View |
View File
|
|
| Docket Date |
2024-08-22
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| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Appellant Initial Brief
|
| On Behalf Of |
Maribel Fernandez
|
| View |
View File
|
|
| Docket Date |
2024-06-10
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
| View |
View File
|
|
| Docket Date |
2024-06-04
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion by Appellees First International Title and Quality Research Services Corp. to Strike Initial Brief
|
| On Behalf Of |
First International Title, Inc.
|
| View |
View File
|
|
| Docket Date |
2024-04-30
|
| Type |
Order
|
| Subtype |
Certificate of Service
|
| Description |
All pleadings filed in this Court must be served on each party and contain a Certificate of Service stating the names and addresses of those served. See Fla. R. App. P. 9.420. Within ten (10) days from the date of this Order, the appellant is directed to file with this Court a Certificate of Service indicating addresses of all parties in this appeal.
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| View |
View File
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Maribel Fernandez, Appellant(s), v. Bank of America, N.A., et al., Appellee(s).
|
3D2024-0597
|
2024-04-03
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
23-16580-CA-01
|
Parties
Docket Entries
| Docket Date |
2024-05-14
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-05-14
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp. w/o Mandate
|
|
| Docket Date |
2024-04-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-04-03
|
| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
|
| Docket Date |
2024-04-03
|
| Type |
Miscellaneous Document
|
| Subtype |
Affidavit of Indigency
|
| Description |
Approved application for indigent status. In confidential.
|
| On Behalf Of |
Maribel Fernandez
|
|
| Docket Date |
2024-04-03
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Order appealed not attached. No certificate of service.
|
| On Behalf Of |
Maribel Fernandez
|
|
| Docket Date |
2024-04-24
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Upon the Court's own motion, it is ordered that this appeal from the Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County, Florida, is dismissed for failure to comply with this Court's Order dated April 3, 2024, and with the Florida Rules of Appellate Procedure.
LOGUE, C.J., and EMAS and MILLER, JJ., concur.
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| View |
View File
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|
| Docket Date |
2024-04-03
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Appellant is ordered to file, within ten (10) days from the date of this Order, an amended notice of appeal which complies with the Florida Rules of Appellate Procedure. Such amended notice of appeal shall include, without limitation, the name of the court to which the appeal is taken, the date(s) of rendition of the order(s) appealed, a conformed copy of the order(s) appealed, and a certificate of service indicating addresses of all parties in this appeal. See Fla. R. App. P. 9.110 (d) and Fla. R. App. P. 9.420.
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| View |
View File
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CLIMAX AM LLC VS AMERICAN EXPRESS COMPANY
|
4D2022-1885
|
2022-07-11
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE18029773
|
Parties
| Name |
CLIMAX AM, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Mark L. Pomeranz
|
|
| Name |
AMERICAN EXPRESS COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Ashley P. Hayes, Geri Howelle
|
|
| Name |
Hon. Jeffrey R. Levenson
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-08-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Sanctions
|
| Description |
Order Denying Motion for Sanctions ~ ORDERED that appellee’s March 23, 2023 motion for sanctions pursuant to Florida Statutes section 57.105 is denied.
|
|
| Docket Date |
2023-09-01
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-09-01
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-08-10
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2023-05-08
|
| Type |
Order
|
| Subtype |
Order on Motion to Accept Brief as Timely
|
| Description |
Grant to Accept Brief Filed as Timely ~ ORDERED that appellant's May 5, 2023 motion to accept brief as timely filed is granted. The brief is deemed timely filed as of the date of this order.
|
|
| Docket Date |
2023-05-05
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Accept Brief as Timely
|
| Description |
Motion To Accept Timely Brief
|
| On Behalf Of |
Climax AM LLC
|
|
| Docket Date |
2023-05-05
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Climax AM LLC
|
|
| Docket Date |
2022-07-13
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ ***CERTIFIED COPY***
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-07-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-07-11
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Climax AM LLC
|
|
| Docket Date |
2022-07-11
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Climax AM LLC
|
|
| Docket Date |
2023-04-25
|
| 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 April 24, 2023 motion for extension of time is granted, and appellant shall serve the reply brief on or before May 4, 2023. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2023-04-24
|
| 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 |
Climax AM LLC
|
|
| Docket Date |
2023-04-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR SANCTIONS
|
| On Behalf Of |
Climax AM LLC
|
|
| Docket Date |
2023-03-23
|
| Type |
Notice
|
| Subtype |
Notice of Confidential Information within Court Filing
|
| Description |
Notice of Confidential Information Within Court Filing
|
| On Behalf Of |
American Express Company
|
|
| Docket Date |
2023-03-23
|
| Type |
Motions Other
|
| Subtype |
Motion for Sanctions
|
| Description |
Motion for sanctions ~ **RESPONSE FILED 4/19/23** ***CONFIDENTIAL***
|
| On Behalf Of |
American Express Company
|
|
| Docket Date |
2023-03-23
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
American Express Company
|
|
| Docket Date |
2023-03-23
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
American Express Company
|
|
| Docket Date |
2023-02-23
|
| 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 February 21, 2023 motion for extension of time is granted, and appellee shall serve the answer brief on or before March 23, 2023. 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 |
2023-02-21
|
| 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 |
American Express Company
|
|
| Docket Date |
2023-02-20
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Denying Aplee's Motion to Dismiss ~ Upon consideration of appellant’s February 10, 2023 response, it is ORDERED that appellee’s January 30, 2023 motion to dismiss is denied. See Quest Diagnostics, Inc. v. Haynie, 320 So. 3d 171, 174 (Fla. 4th DCA 2021) (“As a general rule, Florida courts prefer to decide cases on the merits of the claims rather than on a technicality.”) (citing J.J.K. Int'l, Inc. v. Shivbaran, 985 So. 2d 66, 69 (Fla. 4th DCA 2008)); Forehand v. State, 264 So. 3d 333, 335 (Fla. 1st DCA 2019) (“It is well-established that dismissal of an appeal is an extreme sanction that is reserved for the most flagrant violations of the appellate rules.”) (citing Lindsey v. King, 894 So. 2d 1058, 1059 (Fla. 1st DCA 2005)).
|
|
| Docket Date |
2023-02-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO DISMISS
|
| On Behalf Of |
Climax AM LLC
|
|
| Docket Date |
2023-01-30
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
American Express Company
|
|
| Docket Date |
2022-12-29
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Climax AM LLC
|
|
| Docket Date |
2022-12-29
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief
|
| On Behalf Of |
Climax AM LLC
|
|
| Docket Date |
2022-12-14
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before December 27, 2022, 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 |
2022-11-21
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ ***STRICKEN***
|
| On Behalf Of |
Climax AM LLC
|
|
| Docket Date |
2022-11-21
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant's November 18, 2022 initial brief and November 21, 2022 motion for attorney’s fees are stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there are no certificates of service or the certificates of service do not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f).
|
|
| Docket Date |
2022-11-18
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ ***STRICKEN***
|
| On Behalf Of |
Climax AM LLC
|
|
| Docket Date |
2022-11-01
|
| 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 October 30, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before November 18, 2022. 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 |
2022-10-31
|
| 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 |
Climax AM LLC
|
|
| Docket Date |
2022-10-03
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 1069 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-09-27
|
| 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 September 27, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before October 27, 2022. 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 |
2022-09-27
|
| 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 |
Climax AM LLC
|
|
| Docket Date |
2022-08-26
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing
|
| On Behalf Of |
Climax AM LLC
|
|
| Docket Date |
2022-08-26
|
| Type |
Order
|
| Subtype |
Order re Stay
|
| Description |
Stay is lifted, case to proceed ~ ORDERED that the abatement entered on July 13, 2022, is lifted and the above-styled appeal shall proceed; further,ORDERED that 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 will be subject to dismissal, or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2022-08-19
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-07-18
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Climax AM LLC
|
|
| Docket Date |
2022-07-13
|
| 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.
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MARCOS E. OROZCO a/k/a MARCOS OROZCO a/k/a MARCOS EDUARDO OROZCO a/k/a MARK E. OROZCO VS AMERICAN EXPRESS NATIONAL BANK f/k/a AMERICAN EXPRESS f/k/a AMERICAN EXPRESS CENTURION BANK
|
4D2022-1541
|
2022-06-07
|
Closed
|
|
| Classification |
NOA Final - County Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Fifteenth Judicial Circuit, Palm Beach County
502020CC011409
|
Parties
| Name |
Marcos E. Orozco
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Gregory A. Light, Anthony Gonzalez
|
|
| Name |
AMERICAN EXPRESS CENTURION BANK CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
AMERICAN EXPRESS NATIONAL BANK CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Alisa M. Taormina, Scott Modlin, Brian C. Frontino
|
|
| Name |
AMERICAN EXPRESS COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. John J. Parnofiello
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-07-21
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-07-21
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-06-29
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2023-06-29
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that appellant’s March 7, 2023 motion for entitlement of appellate attorney's fees and costs is denied.
|
|
| Docket Date |
2023-04-05
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
| Docket Date |
2023-03-07
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Marcos E. Orozco
|
|
| Docket Date |
2023-03-07
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ *AND* COSTS
|
| On Behalf Of |
Marcos E. Orozco
|
|
| Docket Date |
2023-03-07
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Marcos E. Orozco
|
|
| Docket Date |
2023-02-21
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 03/07/2023
|
|
| Docket Date |
2023-02-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
Marcos E. Orozco
|
|
| Docket Date |
2023-01-20
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
American Express National Bank
|
|
| Docket Date |
2023-01-12
|
| 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 |
American Express National Bank
|
|
| Docket Date |
2023-01-12
|
| 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 January 12, 2023 motion for extension of time is granted, and appellee shall serve the answer brief on or before January 20, 2023. 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 |
2022-11-14
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 01/16/2022
|
|
| Docket Date |
2022-11-14
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
American Express National Bank
|
|
| Docket Date |
2022-10-10
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
American Express National Bank
|
|
| Docket Date |
2022-10-10
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 11/16/2022
|
|
| Docket Date |
2022-10-06
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Marcos E. Orozco
|
|
| Docket Date |
2022-09-15
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 1 DAY TO 09/15/2022
|
|
| Docket Date |
2022-09-15
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Marcos E. Orozco
|
|
| Docket Date |
2022-09-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Marcos E. Orozco
|
|
| Docket Date |
2022-08-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ **Stricken**
|
| On Behalf Of |
Marcos E. Orozco
|
|
| Docket Date |
2022-08-16
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 09/14/2022
|
|
| Docket Date |
2022-07-22
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
American Express National Bank
|
|
| Docket Date |
2022-07-11
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ 348 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-06-07
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Marcos E. Orozco
|
|
| Docket Date |
2022-06-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-06-07
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Marcos E. Orozco
|
|
| Docket Date |
2022-06-07
|
| 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.
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