|
Miami-Dade County Expressway Authority, Appellant(s), v. Greater Miami Expressway Agency, et al., Appellee(s).
|
3D2024-1918
|
2024-10-28
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
21-24025-CA-01
|
Parties
| Name |
Greater Miami Expressway Agency
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Charles Alan Lawson, Paul Courtney Huck, Jr., Jason Brent Gonzalez, Amber Stoner Nunnally, Caroline May Poor, Raymond Lee Cordova
|
|
| Name |
Marili Cancio
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Charles Alan Lawson, Paul Courtney Huck, Jr., Jason Brent Gonzalez, Caroline May Poor, Raymond Lee Cordova, Amber Stoner Nunnally
|
|
| Name |
Richard Blanco
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Charles Alan Lawson, Paul Courtney Huck, Jr., Jason Brent Gonzalez, Amber Stoner Nunnally, Caroline May Poor, Raymond Lee Cordova
|
|
| Name |
Stacy Miller
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Charles Alan Lawson, Paul Courtney Huck, Jr., Jason Brent Gonzalez, Amber Stoner Nunnally, Caroline May Poor, Raymond Lee Cordova
|
|
| Name |
Rodolfo Pages
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Charles Alan Lawson, Paul Courtney Huck, Jr., Jason Brent Gonzalez, Amber Stoner Nunnally, Caroline May Poor, Raymond Lee Cordova
|
|
| Name |
Fatima Perez
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Charles Alan Lawson, Paul Courtney Huck, Jr., Jason Brent Gonzalez, Amber Stoner Nunnally, Caroline May Poor, Raymond Lee Cordova
|
|
| Name |
THE BANK OF NEW YORK, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Charles Alan Lawson, Paul Courtney Huck, Jr., Jason Brent Gonzalez, Amber Stoner Nunnally, Caroline May Poor, Raymond Lee Cordova
|
|
| Name |
Hon. Lisa S. Walsh
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Miami-Dade County Expressway Authority
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Melanie Rose Leitman, Glenn Thomas Burhans, Jr., Eugene E Stearns, Kirk Dennison DeLeon
|
|
| Name |
BANK OF AMERICA CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Charles Alan Lawson, Paul Courtney Huck, Jr., Jason Brent Gonzalez, Amber Stoner Nunnally, Caroline May Poor, Raymond Lee Cordova
|
|
Docket Entries
| Docket Date |
2024-11-14
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing-Certificate of service.
|
| On Behalf Of |
Miami-Dade County Expressway Authority
|
| View |
View File
|
|
| Docket Date |
2024-10-29
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Appellee Miami-Dade County's Notice of Joinder, filed on October 28, 2024, is granted as stated in the Notice.
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| View |
View File
|
|
| Docket Date |
2024-10-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal for 3D2024-1918. Related cases: 24-0747, 23-1450 and 22-1316. Incomplete certificate of service in NOA.
|
| On Behalf Of |
Miami-Dade County Expressway Authority
|
| View |
View File
|
|
| Docket Date |
2024-10-28
|
| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
|
| Docket Date |
2024-10-28
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Case Filing Fee $300 paid through the portal. Batch # 12900247
|
| On Behalf Of |
Miami-Dade County Expressway Authority
|
| View |
View File
|
|
| Docket Date |
2024-10-28
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
This is to notify counsel for appellant that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court on or before November 7, 2024.
|
| View |
View File
|
|
| Docket Date |
2024-10-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment of a New Case Letter. The 3DCA $300 filing fee for a notice of appeal is due.
|
| View |
View File
|
|
| Docket Date |
2025-01-06
|
| Type |
Motions Other
|
| Subtype |
Motion To Abate
|
| Description |
Motion To Abate of Stay Appellate Proceedings
|
| On Behalf Of |
Miami-Dade County Expressway Authority
|
| View |
View File
|
|
| Docket Date |
2024-11-26
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
| View |
View File
|
|
| Docket Date |
2024-11-26
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Greater Miami Expressway Agency
|
| View |
View File
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|
|
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Blaine R. Shelkey and Karen L. Shelkey, Appellant(s), v. The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for the Holders of CWALT, Inc., Alternative Loan Trust 2004-J13, Mortgage Pass Through Certificates, Series 2004-J13, et al., Appellee(s).
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5D2023-3620
|
2023-12-11
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Eighteenth Judicial Circuit, Brevard County
2019-CA-018938
|
Parties
| Name |
Blaine R. Shelkey
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Joseph Colombo, Beau Bowin
|
|
| Name |
Karen L. Shelkey
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Bank of New York Mellon
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Michael C. Caborn, J. Bennett Kitterman, Bradford Petrino
|
|
| Name |
THE BANK OF NEW YORK, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Holders of CWALT, Inc., Alternative Loan Trust 2004-J13, Mortgage Pass through Certificates, Series 2004-J13
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SPACE COAST CREDIT UNION
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. George T. Paulk
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk Brevard
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-08-23
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief TO 9/23 - AMENDED
|
| On Behalf Of |
Bank of New York Mellon
|
|
| Docket Date |
2024-09-24
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
Bank of New York Mellon
|
|
| Docket Date |
2024-09-17
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Record- 46 pages
|
| On Behalf Of |
Clerk Brevard
|
|
| Docket Date |
2024-09-06
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Order on Motion to Supplement Record; SROA BY 9/24; IB W/IN 10 DYS
|
| View |
View File
|
|
| Docket Date |
2024-09-03
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement Record
|
| On Behalf Of |
Blaine R. Shelkey
|
|
| Docket Date |
2024-11-26
|
| Type |
Response
|
| Subtype |
OA Preference Request
|
| Description |
AE's OA Preference Request
|
| On Behalf Of |
Bank of New York Mellon
|
|
| Docket Date |
2024-11-26
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Oral Argument Preference Request
|
| View |
View File
|
|
| Docket Date |
2024-11-26
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion/Request for Oral Argument
|
| On Behalf Of |
Blaine R. Shelkey
|
|
| Docket Date |
2024-11-26
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
Blaine R. Shelkey
|
|
| Docket Date |
2024-10-25
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension of Time - Reply Brief to 11/22
|
| On Behalf Of |
Blaine R. Shelkey
|
|
| Docket Date |
2024-09-24
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Bank of New York Mellon
|
|
| Docket Date |
2024-08-23
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Filing; AE BANK OF NEW YORK MELLON W/IN 5 DYS FILE AMENDED NTC AGREED EOT; NTC STRICKEN
|
| View |
View File
|
|
| Docket Date |
2024-08-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief FOR AE, BANK OF NEW YORK MELLON
|
| On Behalf Of |
Bank of New York Mellon
|
|
| Docket Date |
2024-07-24
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief- SEE AMENDED BRIEF
|
| On Behalf Of |
Blaine R. Shelkey
|
|
| Docket Date |
2024-07-24
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees- TO TAX FEES AND COSTS
|
| On Behalf Of |
Blaine R. Shelkey
|
|
| Docket Date |
2024-07-22
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
Order Discharging Show Cause Order; 7/17 OTSC DISCHARGED
|
| View |
View File
|
|
| Docket Date |
2024-07-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to 7/17 order
|
| On Behalf Of |
Blaine R. Shelkey
|
|
| Docket Date |
2024-07-18
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension of Time - Initial Brief TO 7/29
|
| On Behalf Of |
Blaine R. Shelkey
|
|
| Docket Date |
2024-06-04
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension of Time - Initial Brief TO 7/12
|
| On Behalf Of |
Blaine R. Shelkey
|
|
| Docket Date |
2024-05-30
|
| Type |
Order
|
| Subtype |
Order Striking Stipulation for Extension
|
| Description |
Order Striking Stipulation for Extension; AMENDED NTC AGREED EOT W/IN 5 DYS
|
| View |
View File
|
|
| Docket Date |
2024-05-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension of Time - Initial Brief
|
| On Behalf Of |
Blaine R. Shelkey
|
|
| Docket Date |
2024-05-24
|
| Type |
Record
|
| Subtype |
Record on Appeal Confidential
|
| Description |
Record on Appeal Confidential- 1028 Pages
|
| On Behalf Of |
Clerk Brevard
|
|
| Docket Date |
2024-05-23
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Order to File Response
|
| View |
View File
|
|
| Docket Date |
2024-05-17
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice INABILITY TO COMPLETE ROA
|
| On Behalf Of |
Clerk Brevard
|
|
| Docket Date |
2024-03-18
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice of Unsuccessful Mediation ~ IB DUE 70 DAYS
|
|
| Docket Date |
2024-03-18
|
| Type |
Mediation
|
| Subtype |
Mediation Report
|
| Description |
Mediation Report ~ MD Viktoria Collins 0521299
|
|
| Docket Date |
2024-03-05
|
| Type |
Mediation
|
| Subtype |
Notice of Mediation
|
| Description |
Notice of Mediation
|
| On Behalf Of |
Bank of New York Mellon
|
|
| Docket Date |
2024-02-19
|
| Type |
Mediation
|
| Subtype |
Notice of Mediation
|
| Description |
Notice of Mediation
|
| On Behalf Of |
Blaine R. Shelkey
|
|
| Docket Date |
2024-02-01
|
| Type |
Order
|
| Subtype |
Order Appointing Mediator
|
| Description |
ORD-Appointing Mediator
|
|
| Docket Date |
2024-01-31
|
| Type |
Mediation
|
| Subtype |
Response to Order of Referral to Mediation
|
| Description |
Response to Order of Referral to Mediation
|
| On Behalf Of |
Blaine R. Shelkey
|
|
| Docket Date |
2024-01-24
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Blaine R. Shelkey
|
|
| Docket Date |
2024-01-22
|
| Type |
Order
|
| Subtype |
Order Granting Motion for Mediation
|
| Description |
Mediation Order - Grant ~ TO 2/1
|
|
| Docket Date |
2024-01-19
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ RESPONSE TO REFERRAL TO MEDIATION
|
| On Behalf Of |
Blaine R. Shelkey
|
|
| Docket Date |
2024-01-16
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Bank of New York Mellon
|
|
| Docket Date |
2024-01-08
|
| Type |
Order
|
| Subtype |
Order of Referral to Mediation
|
| Description |
ORD-Referral To Mediation
|
|
| Docket Date |
2024-01-05
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-Discharging Show Cause ~ FILING FEE SATISFIED; OTSC DISCHARGED
|
|
| Docket Date |
2024-01-03
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
CASE FILING FEE PAID THROUGH PORTAL ~ MFC: 9927532
|
| On Behalf Of |
Blaine R. Shelkey
|
|
| Docket Date |
2024-01-03
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause - Filing Fee ~ AA W/IN 10 DYS
|
|
| Docket Date |
2023-12-27
|
| Type |
Mediation
|
| Subtype |
Confidential Statement
|
| Description |
Confidential Statement ~ AA Beau Bowin 0792551
|
| On Behalf Of |
Blaine R. Shelkey
|
|
| Docket Date |
2023-12-27
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Blaine R. Shelkey
|
|
| Docket Date |
2023-12-15
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF NON-REPRESENTATION
|
| On Behalf Of |
Bank of New York Mellon
|
|
| Docket Date |
2023-12-13
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ PER 12/12/2023 ORDER - FILED BELOW 12/12/2023
|
|
| Docket Date |
2023-12-12
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
ORD-AA to File Amended NOA ~ AA'S W/IN 10 DYS
|
|
| Docket Date |
2023-12-11
|
| Type |
Order
|
| Subtype |
Mediation Order to Counsel
|
| Description |
Mediation Letter to Counsel
|
|
| Docket Date |
2023-12-11
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2023-12-11
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-12-11
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 12/11/2023
|
| On Behalf Of |
Blaine R. Shelkey
|
|
| Docket Date |
2024-12-18
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice of Panel Assignment
|
| View |
View File
|
|
| Docket Date |
2024-12-18
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Order on Motion/Request for Oral Argument; MOT DENIED
|
| View |
View File
|
|
| Docket Date |
2024-12-09
|
| Type |
Response
|
| Subtype |
OA Preference Request
|
| Description |
AA's OA Preference Request
|
| On Behalf Of |
Blaine R. Shelkey
|
|
| Docket Date |
2024-07-17
|
| Type |
Order
|
| Subtype |
Show Cause for Brief or Record on Appeal
|
| Description |
Show Cause for Initial Brief; AA W/IN 10 DYS
|
| View |
View File
|
|
|
|
JZC, LLC VS BANK OF NEW YORK, ET AL.
|
2D2023-2027
|
2023-09-19
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
19-CA-001756
|
Parties
| Name |
NANCY ST. CLAIR
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
JZC LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ERIC MAYERS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
THE BANK OF NEW YORK, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
DELUCA LAW GROUP, PLLC
|
|
| Name |
RUTH MAYERS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CERTIFICATE HOLDERS CWALT, INC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-09-19
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
HL:Fee Owed
|
|
| Docket Date |
2023-11-09
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2023-10-24
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ NORTHCUTT, CASANUEVA, and ROTHSTEIN-YOUAKIM
|
|
| Docket Date |
2023-10-24
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-SUA SPONTE DISMISSAL ~ This appeal is dismissed based on Appellant's failure to retain counsel asdirected by this court's September 20, 2023, order.
|
|
| Docket Date |
2023-10-19
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ PEACOCK - 262 PAGES REDACTED
|
| On Behalf Of |
HILLSBOROUGH CLERK
|
|
| Docket Date |
2023-10-06
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
BANK OF NEW YORK
|
|
| Docket Date |
2023-09-19
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
NANCY ST. CLAIR
|
|
| Docket Date |
2023-09-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2023-09-20
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
|
|
|
RICHARD GILMAN AND KAREN GILMAN VS BANK OF NEW YORK MELLON F/K/A BANK OF NEW YORK, AS INDENTURE TRUSTEE FOR THE NOTEHOLDERS OF CWABS, INC., ASSET-BACKED NOTES, SERIES 2007-SEA1
|
5D2023-2816
|
2023-09-12
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventh Judicial Circuit, Volusia County
2019-11202-CIDL
|
Parties
| Name |
Karen Gilman
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Richard Gilman
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Bank of New York Mellon
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Orlando Deluca, Kimberly George
|
|
| Name |
CWABS, Inc., Asset-Backed Notes, Series 2007-SEA1
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
THE BANK OF NEW YORK, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Michael S. Orfinger
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Volusia Cty Circuit Crt Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-03-06
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD EFILED
|
|
| Docket Date |
2024-03-06
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2024-02-27
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Opinion
|
| Description |
Supreme Court Disposition ~ SC24-291 CASE DISMISSED
|
|
| Docket Date |
2024-02-26
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF DISCRETN. JURISDICTN
|
|
| Docket Date |
2024-02-26
|
| Type |
Supreme Court
|
| Subtype |
Review Sent to Supreme Court
|
| Description |
Review Sent to Supreme Court
|
|
| Docket Date |
2024-02-13
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion ~ 1/24 MOTION DENIED
|
|
| Docket Date |
2024-01-24
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Written Opinion
|
| Description |
Motion for Written Opinion ~ WITH CERTIFICATION FOR APPEAL
|
| On Behalf Of |
Richard Gilman
|
|
| Docket Date |
2024-01-09
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Citation ~ CIT OP
|
|
| Docket Date |
2023-12-19
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ AMENDED; PER 12/18/23 ORDER
|
| On Behalf Of |
Richard Gilman
|
|
| Docket Date |
2023-12-18
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken (certificate of service) ~ AMENDED IB W/I 10 DAYS
|
|
| Docket Date |
2023-12-15
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ STRICKEN PER 12/18 ORDER
|
| On Behalf Of |
Richard Gilman
|
|
| Docket Date |
2023-11-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Grant EOT for Initial Brief ~ MOT GRANTED; IB BY 12/19
|
|
| Docket Date |
2023-11-15
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ FILED IN PORTAL BY LT
|
| On Behalf Of |
Richard Gilman
|
|
| Docket Date |
2023-11-06
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 731 PAGES
|
| On Behalf Of |
Volusia Cty Circuit Crt Clerk
|
|
| Docket Date |
2023-09-20
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ FILED BELOW 9/19/23
|
| On Behalf Of |
Richard Gilman
|
|
| Docket Date |
2023-09-14
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Bank of New York Mellon
|
|
| Docket Date |
2023-09-13
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
ORD-AA to File Amended NOA ~ AA W/IN 10 DYS
|
|
| Docket Date |
2023-09-12
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WW4:Waived-57.081(1)
|
|
| Docket Date |
2023-09-12
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 9/12/2023
|
| On Behalf Of |
Richard Gilman
|
|
| Docket Date |
2023-09-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
|
|
Andrea Alleyne, Appellant(s), v. Bank of New York Mellon F/K/A Bank of New York as Trustee for the Benefit of the Certificate Holders of the CWABS Inc., Asset-Backed Certificates Series, 2007-BC2 and Sanford - Hidden Lake Villas Home Owners Association, Inc., Appellee(s).
|
5D2023-1865
|
2023-05-25
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Eighteenth Judicial Circuit, Seminole County
2018-CA-003282
|
Parties
| Name |
Andrea Alleyne
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Ryan Fojo
|
|
| Name |
Bank of New York Mellon
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Holli Adams, Eric M. Levine, Michael T. Ruff
|
|
| Name |
CWABS Inc., Asset-Backed Certificates Series, 2007-BC2
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SANFORD - HIDDEN LAKE VILLAS HOME OWNERS ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
THE BANK OF NEW YORK, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Nancy F. Alley
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk Seminole
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-05-31
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
CASE FILING FEE PAID THROUGH PORTAL
|
| On Behalf Of |
Andrea Alleyne
|
|
| Docket Date |
2023-09-06
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ FOR AE, BANK OF NEW YORK MELLON
|
| On Behalf Of |
Bank of New York Mellon
|
|
| Docket Date |
2024-09-20
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-09-20
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-08-27
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
PER CURIAM AFFIRMED
|
| View |
View File
|
|
| Docket Date |
2023-12-29
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF PANEL ASSIGNMENT
|
|
| Docket Date |
2023-11-16
|
| Type |
Brief
|
| Subtype |
Amended Answer Brief
|
| Description |
Amended Appellee's Answer Brief
|
| On Behalf Of |
Bank of New York Mellon
|
|
| Docket Date |
2023-11-06
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 125 PAGES
|
| On Behalf Of |
Clerk Seminole
|
|
| Docket Date |
2023-10-19
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Order Granting Motion to Supplement the Record ~ MOT GRANTED; SROA BY 11/16; AMENDED AB W/IN 30 DYS; AMENDED RB W/IN 15 DYS
|
|
| Docket Date |
2023-10-06
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Andrea Alleyne
|
|
| Docket Date |
2023-10-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO MOTION TO SUPPLEMENT THE RECORD,AND IN THE ALTERNATIVE,MOTION FOR LEAVE TO FILE AMENDED ANSWER BRIEF
|
| On Behalf Of |
Bank of New York Mellon
|
|
| Docket Date |
2023-10-06
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Andrea Alleyne
|
|
| Docket Date |
2023-08-16
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Andrea Alleyne
|
|
| Docket Date |
2023-08-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Grant EOT for Initial Brief ~ MOT GRANTED; IB BY 8/16
|
|
| Docket Date |
2023-08-01
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Andrea Alleyne
|
|
| Docket Date |
2023-08-01
|
| 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 |
Andrea Alleyne
|
|
| Docket Date |
2023-07-12
|
| Type |
Order
|
| Subtype |
Order on Motion For Review
|
| Description |
ORD-Grant Motion for Review ~ LOWER TRIBUNAL ORDER IS REVERSED
|
|
| Docket Date |
2023-07-11
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 1434 PAGES
|
| On Behalf Of |
Clerk Seminole
|
|
| Docket Date |
2023-07-05
|
| Type |
Motions Other
|
| Subtype |
Motion For Review
|
| Description |
Motion For Review
|
| On Behalf Of |
Bank of New York Mellon
|
|
| Docket Date |
2023-07-05
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOT. FOR REVIEW
|
| On Behalf Of |
Bank of New York Mellon
|
|
| Docket Date |
2023-06-02
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Bank of New York Mellon
|
|
| Docket Date |
2023-05-25
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee - Civil appeal (300)
|
|
| Docket Date |
2023-05-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 5/24/2023
|
| On Behalf Of |
Andrea Alleyne
|
|
| Docket Date |
2023-05-25
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2023-05-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
Basel Muraisi, Appellant(s) v. Bank of New York, et al. Appellee(s).
|
1D2023-0436
|
2023-02-22
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
1st District Court of Appeal
|
| Originating Court |
Circuit Court for the First Judicial Circuit, Escambia County
2019 CA 000008
|
Parties
| Name |
Basel Muraisi
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Benjamin L. Alexander
|
|
| Name |
THE BANK OF NEW YORK, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Michael T. Ruff
|
|
| Name |
Hon. Amy P. Brodersen
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Pam Childers
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-02-27
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Appeal-Pay Fee/Submit LT Ord of Insolv ($300) ~ Appellant has filed a notice of appeal in the lower tribunal without the entry of an order of insolvency or deposit of the statutory filing fee. Accordingly, Appellant shall, within 30 days from the date of this order, either file a certified copy of the lower tribunal's order of insolvency for appellate purposes as required by Florida Rule of Appellate Procedure 9.430 or pay to the clerk of this Court the sum of $300.00 as the appellate filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2018). If Appellant seeks a waiver of the filing fee on the grounds of indigency, Appellant shall file a motion and affidavit of indigency with the clerk of the lower tribunal (the court, agency, officer, board, commission, or body whose order is to be reviewed) for a determination by the lower tribunal of whether an order of insolvency should be issued pursuant to Rule 9.430 and Section 57.081(1) or 57.085(2), Florida Statutes (2018), as applicable.This appeal shall not proceed until the order of insolvency is filed or the fee is paid. Failure to comply with this order will result in the dismissal of this case without further opportunity to be heard. Florida Rule of Appellate Procedure 9.410.
|
|
| Docket Date |
2023-04-14
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Dismissed
|
| View |
View File
|
|
| Docket Date |
2023-02-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Notice of Appeal / Acknowledgement letter ~ Notice of Appeal from the lower tribunal reflecting a filing date of February 16, 2023.
|
|
| Docket Date |
2023-02-22
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ order appealed attached
|
| On Behalf Of |
Basel Muraisi
|
|
| Docket Date |
2023-02-22
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
DU:Due
|
|
|
|
HARRY PERSAUD VS BANK OF NEW YORK MELLON F/K/A BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2005-37T1, MORTGAGE PASS-THROUGH CERTIFICATES,
|
6D2023-1680
|
2022-12-28
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
6th District Court of Appeal
|
| Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County
2019-CA-000891-O
|
Parties
| Name |
HARRY PERSAUD
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
DAVID WINKER, ESQ., BRUCE JACOBS, ESQ.
|
|
| Name |
BELLA NOTTE HOMEOWNERS ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
THE BANK OF NEW YORK, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Bank of America, N.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
VIZCAYA MASTER HOMEOWNERS' ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CWALT, Inc., Alternative Loan Trust 2005-37T1 Mortgage Pass-Through Certificates, Series 2005-37T1
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Bank of New York Mellon
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ROY A. DIAZ, ESQ,, TAMMI M. CALDERON, ESQ., JEFF A. STONE, ESQ., GREGORY T. KING, ESQ., NANCY M. WALLACE, ESQ., GREG H. ROSENTHAL, ESQ., ADAM J. WICK, ESQ., KIMBERLY DE LA CRUZ, ESQ.
|
|
| Name |
RAJESH PANCHAL
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. LISA T. MUNYON
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
TIFFANY RUSSELL, CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-22
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-08-30
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Upon consideration that Appellant has failed to serve the initial brief, as previously ordered by this Court, this case is hereby dismissed for lack of prosecution. All pending motions are denied as moot.
|
| View |
View File
|
|
| Docket Date |
2024-08-12
|
| Type |
Order
|
| Subtype |
Order on Motion To File Supplemental Brief
|
| Description |
Appellee's motion to transfer the supplemental record on appeal and order requiring immediate filing of initial brief is granted in part. The record on appeal filed on June 24, 2024 in Case No. 6D24-0662 is transferred to this matter, which concerns the appeal of a final judgment of foreclosure. Appellant shall serve the initial brief within ten days of this order, or this appeal will be dismissed for lack of prosecution without further notice.
|
| View |
View File
|
|
| Docket Date |
2024-06-28
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement Record
|
| On Behalf Of |
Bank of New York Mellon
|
|
| Docket Date |
2024-06-05
|
| Type |
Order
|
| Subtype |
Order re Stay
|
| Description |
Appeal 6D23-1680 and 6D24-662 appear to be appeals from the foreclosure judgment and the order resetting sale as to the same piece of property. Based on the information in the motion to lift stay filed by the appellee in both appellate case numbers, the bankruptcy court has entered an order such that the appeals in these cases can now proceed and the motion is granted to the extent that both appeals shall now proceed.
Appellant shall respond within ten days from the date of this order to the amended motion to dismiss filed in 6d24-662 or otherwise show cause why the appeal in that case should not be dismissed or consolidated with the appeal in 6D23-1680.
Additionally, based on the May 13, 2024, notice from the clerk of the lower tribunal in 6D23-1680, appellant shall also indicate to this court within ten days from the date of this order that financial arrangements for the preparation and transmission of the record on appeal have been made with the clerk of the lower tribunal. Failure to timely respond to this order may result in the dismissal of one or both of the related appeals without further notice. This court will resolve any other motions pending as related to briefing or other matters once the motion to dismiss and record issues have been resolved.
|
| View |
View File
|
|
| Docket Date |
2024-05-22
|
| Type |
Motions Other
|
| Subtype |
Motion to Vacate Stay
|
| Description |
APPELLEE'S MOTION TO LIFT STAY
|
| On Behalf Of |
Bank of New York Mellon
|
|
| Docket Date |
2024-05-17
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF INABILITY TO PRODUCE THE RECORD ON APPEAL
|
| On Behalf Of |
TIFFANY RUSSELL, CLERK
|
|
| Docket Date |
2024-05-03
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
This court is prevented from any action in this appeal due to the automatic stay provision of 11 U.S.C., Section 362, Bankruptcy Code, unless a party receives stay relief from the bankruptcy court which at this time has jurisdiction.
The parties are directed to inform this court when the bankruptcy court grants relief from the automatic stay or when the stay lapses. If neither of these events occurs within 120 days of this order, the parties shall provide this court with individual status reports or a joint report.
|
| View |
View File
|
|
| Docket Date |
2024-04-18
|
| Type |
Notice
|
| Subtype |
Suggestion of Bankruptcy
|
| Description |
NOTICE OF BANKRUPTCY FILING
|
| On Behalf Of |
HARRY PERSAUD
|
|
| Docket Date |
2024-04-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Denying EOT for Initial Brief ~ Appellant’s motion for extension of time to serve initial brief is denied. The initial brief shall be served within five days from the date of this order, failing which counsel may be subject to the imposition of sanctions.
|
|
| Docket Date |
2024-03-19
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ APPELLEE'S NOTICE OF NON-OPPOSITIONTO MOTION FOR EXTENSION OF TIME
|
| On Behalf Of |
Bank of New York Mellon
|
|
| Docket Date |
2024-03-18
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ MOTION FOR EXTENSION TO FILE INITIAL BRIEF IN ORDER TO FINISH COMPILING RECORD BELOW
|
| On Behalf Of |
HARRY PERSAUD
|
|
| Docket Date |
2024-03-14
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-DENYING APPELLEE'S MOTION TO DISMISS ~ The motion to dismiss is denied as moot in light of the order granting an extension of time to serve the initial brief.
|
|
| Docket Date |
2024-03-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant’s motion for extension of time to serve his initial brief is granted. The initial brief shall be served on or before March 18, 2024. No further extensions will be granted absent extenuating circumstances.
|
|
| Docket Date |
2024-02-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ UNOPPOSED MOTION FOR EXTENSION TO FILE INITIAL BRIEFThe motion to dismiss is denied as moot in light of the order granting an extension of time to serve the initial brief.
|
| On Behalf Of |
HARRY PERSAUD
|
|
| Docket Date |
2024-02-22
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ APPELLEE'S MOTION TO DISMISS APPEAL
|
| On Behalf Of |
Bank of New York Mellon
|
|
| Docket Date |
2024-01-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant’s motion for extension of time to serve initial brief is granted. The initial brief shall be served within thirty days from the date of this order.
|
|
| Docket Date |
2023-12-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S RESPONSE TO APPELLANTS' MOTIONFOR EXTENSION OF TIME TO SERVE INITIAL BRIEF
|
| On Behalf Of |
Bank of New York Mellon
|
|
| Docket Date |
2023-12-22
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
HARRY PERSAUD
|
|
| Docket Date |
2023-12-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ MOTION FOR EXTENSION TO FILE INITIAL BRIEF
|
| On Behalf Of |
HARRY PERSAUD
|
|
| Docket Date |
2023-11-22
|
| Type |
Order
|
| Subtype |
Order re Stay
|
| Description |
ORD-STAY LIFTED ~ Having received notice that the bankruptcy stay has been lifted, the motion to lift stay is granted, and the initial brief shall be served within thirty days from the date of this order.
|
|
| Docket Date |
2023-10-16
|
| Type |
Motions Other
|
| Subtype |
Motion to Vacate Stay
|
| Description |
Motion to Vacate Stay ~ APPELLEE'S MOTION TO LIFT STAY
|
| On Behalf Of |
Bank of New York Mellon
|
|
| Docket Date |
2023-10-11
|
| Type |
Order
|
| Subtype |
Order re Stay
|
| Description |
bankruptcy stay ~ The appellee's response to the appellant's motion for extension of time is treated as a suggestion of bankruptcy as to the appellant. This court is prevented from any action in this appeal due to the automatic stay provision of 11 U.S.C., Section 362, Bankruptcy Code, unless a party receives stay relief from the bankruptcy court which at this time has jurisdiction. The parties are directed to inform this court when the bankruptcy court grants relief from the automatic stay or when the stay lapses. If neither of these events occurs within 60 days of this order, the parties are requested to provide this court with individual status reports or a joint report. The appellant's motion for extension of time is denied as premature.
|
|
| Docket Date |
2023-06-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S RESPONSE TO APPELLANTS' MOTIONFOR EXTENSION OF TIME TO SERVE INITIAL BRIEF
|
| On Behalf Of |
Bank of New York Mellon
|
|
| Docket Date |
2023-06-08
|
| 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 |
HARRY PERSAUD
|
|
| Docket Date |
2023-05-19
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
Brief Overdue ~ Appellant shall serve the initial brief within twenty days from the date of this order, or this appeal will be subject to dismissal without further notice based on failure to prosecute.
|
|
| Docket Date |
2023-03-30
|
| Type |
Misc. Events
|
| Subtype |
Certificate of Service
|
| Description |
Certificate of Service
|
| On Behalf Of |
HARRY PERSAUD
|
|
| Docket Date |
2023-03-27
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes. The attorney for appellant shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding appellant insolvent pursuant to section 57.081, Florida Statutes, within ten days of the date of this order. Pursuant to order of the court dated December 29, 2022, Appellant must file an Amended Notice of Appeal that contains a certificate of service that reflects service of the Amended Notice on Appellees, the addresses to which they were sent, and the date they were mailed, within ten days of the date of this order. Failure to comply with this order may result in dismissal of this appeal without further notice.
|
|
| Docket Date |
2023-02-17
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ REDACTED/MUNYON - 7817 PAGES
|
| On Behalf Of |
TIFFANY RUSSELL, CLERK
|
|
| Docket Date |
2023-01-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-12-31
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Bank of New York Mellon
|
|
| Docket Date |
2022-12-30
|
| Type |
Disposition by Order
|
| Subtype |
Transferred
|
| Description |
ORD-TRANSFER TO ANOTHER COURT
|
|
| Docket Date |
2022-12-29
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
ORD-AA to File Amended NOA ~ AA W/IN 10 DYS
|
|
| Docket Date |
2022-12-28
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
AFFIDAVIT OF INSOLVENCY IS INSUFFICIENT
|
|
| Docket Date |
2022-12-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 12/27/22
|
| On Behalf Of |
HARRY PERSAUD
|
|
| Docket Date |
2022-12-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-12-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
|
|
HARRY PERSAUD VS BANK OF NEW YORK MELLON F/K/A BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2005-37T1, MORTGAGE PASS-THROUGH CERTIFICATES,
|
5D2022-3054
|
2022-12-28
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County
2019-CA-000891-O
|
Parties
| Name |
Harry Persaud
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Bruce Jacobs
|
|
| Name |
VIZCAYA MASTER HOMEOWNERS' ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CWALT, Inc., Alternative Loan Trust 2005-37T1 Mortgage Pass-Through Certificates, Series 2005-37T1
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Bank of America, N.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Bank of New York Mellon
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Tammi M. Calderon, Jeff A. Stone, Adam J. Wick, Roy A. Diaz, Kimberly De La Cruz, Nancy M. Wallace, Gregory Thomas King, Greg H. Rosenthal
|
|
| Name |
Rajesh Panchal
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
THE BANK OF NEW YORK, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BELLA NOTTE HOMEOWNERS ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Lisa T. Munyon
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Orange Cty Circuit Ct Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-06-26
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp. w/o Mandate
|
|
| Docket Date |
2023-01-01
|
| Type |
Disposition by Opinion
|
| Subtype |
Transferred
|
| Description |
Transferred - Order by Clerk ~ TRANSFER TO 6th DCA
|
|
| Docket Date |
2022-12-31
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Bank of New York Mellon
|
|
| Docket Date |
2022-12-30
|
| Type |
Disposition by Order
|
| Subtype |
Transferred
|
| Description |
Ord-Transfer to Sixth DCA
|
|
| Docket Date |
2022-12-29
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
ORD-AA to File Amended NOA ~ AA W/IN 10 DYS
|
|
| Docket Date |
2022-12-28
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee - Civil appeal (300)
|
|
| Docket Date |
2022-12-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2022-12-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF11:No Fee-Transfer
|
|
| Docket Date |
2022-12-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 12/27/22
|
| On Behalf Of |
Harry Persaud
|
|
|
|
MARIA A. AGUIAR VS THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR METROPOLITAN ASSET FUNDING, INC., II, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 1999-D, ET AL
|
5D2022-1626
|
2022-07-07
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifth Judicial Circuit, Citrus County
2017-CA-000724
|
Parties
| Name |
Maria A. Aguiar
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Niles B. Whitten
|
|
| Name |
Jack Willard Vaughn, Jr.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
THE BANK OF NEW YORK, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Rodolfo Aguiar
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Bank of New York Mellon
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
James H. Wyman, David Adam Friedman, Ian D. Jagendorf, Miguel A. Gonzalez
|
|
| Name |
Metropolitan Asset Funding, Inc., II
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Vincent Murphy
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk Citrus
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-09-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ TO 10/14
|
| On Behalf Of |
Maria A. Aguiar
|
|
| Docket Date |
2022-09-14
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ AA W/IN 10 DYS
|
|
| Docket Date |
2022-08-25
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 654 PAGES
|
| On Behalf Of |
Clerk Citrus
|
|
| Docket Date |
2023-12-28
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-12-28
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD EFILED
|
|
| Docket Date |
2023-12-05
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed ~ PCA
|
|
| Docket Date |
2023-05-16
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF PANEL ASSIGNMENT
|
|
| Docket Date |
2023-03-27
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Bank of New York Mellon
|
|
| Docket Date |
2023-03-15
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 19 PAGES
|
| On Behalf Of |
Clerk Citrus
|
|
| Docket Date |
2023-03-02
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Order Granting Motion to Supplement the Record ~ SROA BY 3/21/23; AE THE BANK OF NEW YORK AB W/IN 10 DYS
|
|
| Docket Date |
2023-03-01
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Bank of New York Mellon
|
|
| Docket Date |
2023-01-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ TO 3/6
|
| On Behalf Of |
Bank of New York Mellon
|
|
| Docket Date |
2022-12-06
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Maria A. Aguiar
|
|
| Docket Date |
2022-12-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Denying EOT for Initial Brief ~ MOT DENIED AS MOOT
|
|
| Docket Date |
2022-11-29
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 5 DAYS
|
| On Behalf Of |
Maria A. Aguiar
|
|
| Docket Date |
2022-11-28
|
| 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 |
Maria A. Aguiar
|
|
| Docket Date |
2022-11-16
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-Discharging Show Cause ~ NTC AGREED EOT ACKNOWLEDGED; OTSC DISCHARGED
|
|
| Docket Date |
2022-11-15
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ AA W/IN 10 DYS
|
|
| Docket Date |
2022-11-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ TO 11/25
|
| On Behalf Of |
Maria A. Aguiar
|
|
| Docket Date |
2022-10-14
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ TO 11/14
|
| On Behalf Of |
Maria A. Aguiar
|
|
| Docket Date |
2022-09-16
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-Discharging Show Cause
|
|
| Docket Date |
2022-07-21
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
CASE FILING FEE PAID THROUGH PORTAL
|
|
| Docket Date |
2022-07-11
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Bank of New York Mellon
|
|
| Docket Date |
2022-07-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2022-07-07
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee - Civil appeal (300)
|
|
| Docket Date |
2022-07-07
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-07-07
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 7/1/22
|
| On Behalf Of |
Maria A. Aguiar
|
|
|
|
CARY STRAUSS VS THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATE HOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2007-SCB, ET AL
|
5D2022-1605
|
2022-07-01
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventh Judicial Circuit, Volusia County
2019-30502-CICI
|
Parties
| Name |
Cary Strauss
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
John A. Morey
|
|
| Name |
CWALT, Inc.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Bank of New York Mellon
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Neil G. Frank, Matthew E. Peterson, Michael T. Ruff
|
|
| Name |
PELICAN BAY HOMEOWNERS ASSOCIATION OF DAYTONA BEACH, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
THE BANK OF NEW YORK, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
SUN COAST ROOFING SERVICES INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Mary Griffo Jolley
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-01-03
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD E-FILED
|
|
| Docket Date |
2023-01-03
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp. w/o Mandate
|
|
| Docket Date |
2022-12-08
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2022-12-08
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Dismissing Original Petition
|
|
| Docket Date |
2022-08-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PER 7/26 ORDER
|
| On Behalf Of |
Bank of New York Mellon
|
|
| Docket Date |
2022-07-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Order Grant EOT to file Response to Ct. Order ~ RESPONSE BY 8/15
|
|
| Docket Date |
2022-07-25
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
Bank of New York Mellon
|
|
| Docket Date |
2022-07-25
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ SECOND AMENDED APX PER 7/15 ORDER
|
| On Behalf Of |
Cary Strauss
|
|
| Docket Date |
2022-07-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Denied for Non-Service on Client ~ RS W/IN 5 DYS FILE AMENDED MOT EOT
|
|
| Docket Date |
2022-07-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
Bank of New York Mellon
|
|
| Docket Date |
2022-07-15
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ PT W/IN 10 DYS FILE SECOND AMENDED APX; APX AND AMENDED APX STRICKEN; MOT TO CORRECT ROA TREATED AS MOT CORRECT APX AND GRANTED
|
|
| Docket Date |
2022-07-12
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ "TO CORRECT THE RECORD"; TREATED AS MOT TO CORRECT APX; GRANTED PER 7/15 ORDER
|
| On Behalf Of |
Cary Strauss
|
|
| Docket Date |
2022-07-12
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ AMENDED; STRICKEN PER 7/15 ORDER
|
| On Behalf Of |
Cary Strauss
|
|
| Docket Date |
2022-07-05
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Respondent to Respond ~ RESPONSE W/IN 20 DYS; REPLY W/IN 10 DYS
|
|
| Docket Date |
2022-07-01
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
CASE FILING FEE PAID THROUGH PORTAL
|
| On Behalf Of |
Cary Strauss
|
|
| Docket Date |
2022-07-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2022-07-01
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed ~ FILED HERE 7/1/22
|
| On Behalf Of |
Cary Strauss
|
|
|
|
EVGENY SHVETZ AND MARINA SHVETZ VS THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWABS, INC., MORTGAGE-BACKED NOTES, SERIES 2006-1
|
5D2022-0402
|
2022-02-16
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventh Judicial Circuit, St. Johns County
2019-CA-0404
|
Parties
| Name |
Evgeny Shvetz
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Gregg Horowitz
|
|
| Name |
Marina Shvetz
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Bank of New York Mellon
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Taylor Cassidy, Michael T. Ruff
|
|
| Name |
THE BANK OF NEW YORK, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Howard M. Maltz
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
St. Johns Cty. Circuit Court
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-04-25
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD E-FILED
|
|
| Docket Date |
2022-04-25
|
| Type |
Mandate
|
| Subtype |
Notice Memorandum
|
| Description |
Notice Memorandum
|
|
| Docket Date |
2022-04-06
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Evgeny Shvetz
|
|
| Docket Date |
2022-04-06
|
| Type |
Order
|
| Subtype |
Order on Motion/Notice Voluntary Dismissal (non-dispositive)
|
| Description |
Order Granting Voluntary Dismissal
|
|
| Docket Date |
2022-04-06
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2022-04-05
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ STRICKEN PER 4/6 ORDER
|
| On Behalf Of |
Evgeny Shvetz
|
|
| Docket Date |
2022-03-16
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 1000 PAGES
|
| On Behalf Of |
St. Johns Cty. Circuit Court
|
|
| Docket Date |
2022-03-02
|
| Type |
Order
|
| Subtype |
Order Declining Referral to Mediation
|
| Description |
ORD- Declining Referral to Mediation
|
|
| Docket Date |
2022-03-01
|
| Type |
Mediation
|
| Subtype |
Mediation Questionnaire
|
| Description |
Mediation Questionnaire ~ AE Michael T. Ruff 0688541
|
| On Behalf Of |
Bank of New York Mellon
|
|
| Docket Date |
2022-02-17
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
CASE FILING FEE PAID THROUGH PORTAL
|
|
| Docket Date |
2022-02-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 2/16/22
|
| On Behalf Of |
Evgeny Shvetz
|
|
| Docket Date |
2022-02-16
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2022-02-16
|
| Type |
Order
|
| Subtype |
Mediation Order to Counsel
|
| Description |
Mediation Letter to Counsel
|
|
| Docket Date |
2022-02-16
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
ANDREW THOMPSON VS BANK OF NEW YORK
|
4D2018-2125
|
2018-07-16
|
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
CACE 16-006664
|
Parties
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ANDREW THOMPSON, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
THE BANK OF NEW YORK, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Brandon Stuart Vesely, Albertelli Law
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-09-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
Deny Motion to Reinstate ~ ORDERED that appellant's August 22, 2018 motion for reinstatement and motion for extension of time are denied. The appeal remains dismissed. See Stas v. Posada, 760 So. 2d 954, 955 (Fla. 3d DCA 1999); Castelo Developments, LLC v. Rawls, 118 So. 3d 831, 832 (Fla. 3d DCA 2012).
|
|
| Docket Date |
2018-08-31
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT'S MOTION FOR REINSTATEMENT OF THE APPEAL
|
| On Behalf Of |
BANK OF NEW YORK
|
|
| Docket Date |
2018-08-31
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
BANK OF NEW YORK
|
|
| Docket Date |
2018-08-22
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
|
| Docket Date |
2018-08-22
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
|
| Docket Date |
2018-08-21
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2018-08-21
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-Lack of Prosecution ~ ORDERED sua sponte that the above-styled case is dismissed for lack of prosecution pursuant to the August 2, 2018 order. Further,ORDERED that the appellee’s August 17, 2018 motion to dismiss is denied as moot.
|
|
| Docket Date |
2018-08-17
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ AND NOTICE OF NON-COMPLIANCE.
|
| On Behalf Of |
BANK OF NEW YORK
|
|
| Docket Date |
2018-08-02
|
| 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, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that the 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 |
2018-07-26
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
BANK OF NEW YORK
|
|
| Docket Date |
2018-07-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2018-07-16
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
| Docket Date |
2018-07-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
ANDREW THOMPSON
|
|
|
|
KIZZY DANIELS VS BANK OF NEW YORK, BANK OF NEW YORK MELLON TRUST COMPANY NA AND JOE KING, JR.
|
5D2017-1376
|
2017-05-05
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County
2012-CA-01865-O
|
Parties
| Name |
KIZZY DANIELS
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Bank of New York Mellon
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
KATHLEEN MCCARTHY, William P. Heller, Nancy M. Wallace
|
|
| Name |
THE BANK OF NEW YORK, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JOE KING, JR.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. John E. Jordan
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Orange Cty Circuit Ct Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-08-23
|
| Type |
Mandate
|
| Subtype |
Notice Memorandum
|
| Description |
Notice Memorandum
|
|
| Docket Date |
2017-08-23
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD EFILED
|
|
| Docket Date |
2017-08-10
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken (certificate of service) ~ AA FILE AMEND MOT W/IN 10 DAYS
|
|
| Docket Date |
2017-08-09
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ RECONSIDERATION
|
| On Behalf Of |
KIZZY DANIELS
|
|
| Docket Date |
2017-07-26
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk ~ FAILURE TO PROSECUTE
|
|
| Docket Date |
2017-07-26
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Dismissing Appeal
|
|
| Docket Date |
2017-07-13
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ AA W/IN 10 DAYS
|
|
| Docket Date |
2017-06-16
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 283 PAGES
|
| On Behalf Of |
Orange Cty Circuit Ct Clerk
|
|
| Docket Date |
2017-05-16
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Bank of New York Mellon
|
|
| Docket Date |
2017-05-05
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2017-05-05
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 5/3/17
|
| On Behalf Of |
KIZZY DANIELS
|
|
| Docket Date |
2017-05-05
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee - Civil appeal (300)
|
|
| Docket Date |
2017-05-05
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
|
|
PAUL THEODOROPOULOS VS BANK OF NEW YORK
|
2D2016-4589
|
2016-10-10
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
2009-CA-004730
|
Parties
| Name |
PAUL THEODOROPOULOS
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
THE BANK OF NEW YORK, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
BROCK AND SCOTT, P L L C, SHAIB Y. RIOS, ESQ.
|
|
| Name |
PINELLAS CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-01-06
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2016-12-16
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-SUA SPONTE DISMISSAL ~ This appeal is dismissed for appellant's failure to comply with this court's October 25, 2016, order.
|
|
| Docket Date |
2016-12-16
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ NORTHCUTT, KHOUZAM, and ROTHSTEIN-YOUAKIM
|
|
| Docket Date |
2016-11-16
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
BANK OF NEW YORK
|
|
| Docket Date |
2016-10-25
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; pro se
|
|
| Docket Date |
2016-10-25
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2016-10-24
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Miscellaneous Trial Court Order ~ ORDER/CERTIFICATE REGARDING INSOLVENCY OR INDIGENCY
|
| On Behalf Of |
PINELLAS CLERK
|
|
| Docket Date |
2016-10-10
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF:Not Required
|
|
| Docket Date |
2016-10-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
PAUL THEODOROPOULOS
|
|
| Docket Date |
2016-10-05
|
| Type |
Miscellaneous Document
|
| Subtype |
Lower Tribunal Transmittal Cover Sheet
|
| Description |
LOWER TRIBUNAL TRANSMITTAL COVER SHEET
|
|
|
|
RYAN N. THOMAS AND KAREN A. THOMAS VS BANK OF NEW YORK
|
2D2016-0379
|
2016-01-15
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Foreclosure
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Lee County
08-CA-50494
|
Parties
| Name |
KAREN A. THOMAS
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
RYAN N. THOMAS
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
LAWRENCE D. CROW, ESQ.
|
|
| Name |
THE BANK OF NEW YORK, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
WILLIAM L. GRIMSLEY, ESQ.
|
|
| Name |
LEE CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-03-23
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2016-02-29
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-SUA SPONTE DISMISSAL
|
|
| Docket Date |
2016-02-29
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ Villanti, C.J., and LaRose and Khouzam
|
|
| Docket Date |
2016-02-10
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
BANK OF NEW YORK
|
|
| Docket Date |
2016-02-02
|
| Type |
Order
|
| Subtype |
Certificate of Service
|
| Description |
c of s; mailing addresses
|
|
| Docket Date |
2016-02-02
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2016-01-15
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
RYAN N. THOMAS
|
|
| Docket Date |
2016-01-15
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
HL:Fee Owed
|
|
|
|
NORMAN G. BERUBE, a/k/a NORMAN BERUBE VS BANK OF NEW YORK, ETC.
|
4D2015-4544
|
2015-12-01
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE08062485 (11)
|
Parties
| Name |
Norman G. Berube
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Kendrick Almaguer, Rina Feld, Joshua Adam Bleil
|
|
| Name |
THE BANK OF NEW YORK, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jonathan Jacobson, Jason F. Joseph
|
|
| Name |
HON. LYNN ROSENTHAL
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-04-07
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2017-04-07
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2017-03-16
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that the appellant's June 3, 2016 motion for attorney's fees and costs is denied.
|
|
| Docket Date |
2017-03-16
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2017-01-25
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
BANK OF NEW YORK
|
|
| Docket Date |
2016-12-12
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Norman G. Berube
|
|
| Docket Date |
2016-10-03
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
BANK OF NEW YORK
|
|
| Docket Date |
2016-09-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORD-Answer Brief to be Served ~ ORDERED that appellee's September 23, 2016 motion for extension of time is granted, and appellee shall serve the answer brief on or before September 28, 2016. In addition, appellee is notified that the failure to serve the brief within the time provided herein will foreclose appellee's right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant.
|
|
| Docket Date |
2016-09-28
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
BANK OF NEW YORK
|
|
| Docket Date |
2016-09-23
|
| 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 |
BANK OF NEW YORK
|
|
| Docket Date |
2016-08-05
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Denying Aplee's Motion to Dismiss ~ ORDERED that appellee's July 8, 2016 motion to dismiss is denied. See generally Shipley v. Belleair Group, Inc., 759 So. 2d 28, 28 (Fla. 2d DCA 2000) (reviewing post-judgment order striking motion for attorneys¿ fees).
|
|
| Docket Date |
2016-07-08
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ (DENIED)
|
| On Behalf Of |
BANK OF NEW YORK
|
|
| Docket Date |
2016-06-03
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Norman G. Berube
|
|
| Docket Date |
2016-06-03
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Norman G. Berube
|
|
| Docket Date |
2016-05-25
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ Upon receipt of the appellee's May 19, 2016 motion to dismiss, it is ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before June 3, 2016, why the above-styled case should not be dismissed for lack of timely prosecution, in that the 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 |
2016-05-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
BANK OF NEW YORK
|
|
| Docket Date |
2016-05-19
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
BANK OF NEW YORK
|
|
| Docket Date |
2016-05-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Order denying EOT w/out prejudice 9.300(a) ~ ORDERED that appellant's May 2, 2016 motion for enlargement of time to file initial brief is denied without prejudice for failure to comply with Florida Rule of Appellate Procedure 9.300(a). See also this court's Notice to Attorneys and to Parties Representing Themselves, Paragraphs 1 and 2.
|
|
| Docket Date |
2016-05-02
|
| 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 |
Norman G. Berube
|
|
| Docket Date |
2016-04-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that upon consideration of appellant's response filed April 11, 2016, this court's March 30, 2016 order to show cause is discharged. FurtherORDERED that appellant's April 11, 2016 motion for extension of time is granted, and appellant shall serve the initial brief within thirty (30) days from the filing of the record on appeal. The record on appeal was filed in this court on March 31, 2016. 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 |
2016-04-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
Norman G. Berube
|
|
| Docket Date |
2016-03-31
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (269 PAGES)
|
|
| Docket Date |
2016-03-30
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED** ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before April 11, 2016, why the above-styled case should not be dismissed for lack of timely prosecution, in that the 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 |
2016-01-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
ORD-Reinstatement ~ ORDERED that the appellant's December 23, 2015 motion enlargement of time is treated as a motion for reinstatement and is granted. The above-styled appeal is reinstated. All time frames shall commence from the date of this order.
|
|
| Docket Date |
2015-12-23
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
Norman G. Berube
|
|
| Docket Date |
2015-12-23
|
| 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 |
2015-12-23
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2015-12-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2015-12-03
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, 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 |
2015-12-01
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2015-12-01
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Norman G. Berube
|
|
|
|
MARIE LUCIE DELLY VS BANK OF NEW YORK, ETC.
|
4D2015-2072
|
2015-05-28
|
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
2012CA013336XXXXMB
|
Parties
| Name |
MARIE LUCIE DELLY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
JULIE LILLIAN HOGAN
|
|
| Name |
THE BANK OF NEW YORK, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Sonia Henriques McDowell, Nicole Planell
|
|
| Name |
HON. HOWARD H. HARRISON
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-04-22
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2016-04-22
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2016-03-31
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2016-03-31
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that the appellee's January 11, 2016 motion for attorneys' fees and costs is denied as untimely.
|
|
| Docket Date |
2016-03-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Denying Extension of Reply Brief ~ ORDERED that appellant's February 29, 2016 motion for extension of time to file the reply brief is denied.
|
|
| Docket Date |
2016-02-29
|
| 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 |
MARIE LUCIE DELLY
|
|
| Docket Date |
2016-02-29
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Denying Aplee's Motion to Dismiss ~ ORDERED that appellee's February 18, 2016 motion to dismiss appeal or in the alternative motion to dispense with reply brief is denied.
|
|
| Docket Date |
2016-02-18
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ *OR IN THE ALTERNATIVE* MOTION TO DISPENSE WITH REPLY BRIEF
|
| On Behalf Of |
BANK OF NEW YORK
|
|
| Docket Date |
2016-01-11
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
BANK OF NEW YORK
|
|
| Docket Date |
2015-09-09
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
BANK OF NEW YORK
|
|
| Docket Date |
2015-08-20
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
MARIE LUCIE DELLY
|
|
| Docket Date |
2015-08-10
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ THREE (3) VOLUMES
|
|
| Docket Date |
2015-08-06
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 14 DAYS TO 08/20/15
|
| On Behalf Of |
MARIE LUCIE DELLY
|
|
| Docket Date |
2015-08-05
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that the appellant's July 30, 2015 renewed motion to supplement the record is granted, and the record is supplemented to include the transcript of the non-jury proceedings held on May 7, 2015 before Judge Howard Harrison. Said supplemental record is deemed filed as of the date of this order.
|
|
| Docket Date |
2015-08-05
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ ***SEE 8/5/15 ORDER***
|
| On Behalf Of |
MARIE LUCIE DELLY
|
|
| Docket Date |
2015-07-30
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record ~ **RENEWED**
|
| On Behalf Of |
MARIE LUCIE DELLY
|
|
| Docket Date |
2015-07-27
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-deny motion to supplement per 9.300(a) ~ ORDERED that appellant's July 24, 2015 motion to supplement the record is denied without prejudice for failure to comply with Florida Rule of Appellate Procedure 9.300(a). See also this court's Notice to Attorneys and to Parties Representing Themselves, Paragraph 1.
|
|
| Docket Date |
2015-07-24
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
MARIE LUCIE DELLY
|
|
| Docket Date |
2015-06-24
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
BANK OF NEW YORK
|
|
| Docket Date |
2015-06-02
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2015-05-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
MARIE LUCIE DELLY
|
|
| Docket Date |
2015-05-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
BANK OF NEW YORK MELLON, etc. VS FAIRMONT PROPERTY OWNERS ASSOCIATION, INC., et al.
|
4D2014-2089
|
2014-06-05
|
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
2013CA016796XXXXMB
|
Parties
| Name |
THE BANK OF NEW YORK, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
BANK OF NEW YORK MELLON
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Roy Diaz, Adam Alexander Diaz
|
|
| Name |
FAIRMONT PROPERTY OWNERS ASSOC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Sebastian K. Poprawski
|
|
| Name |
ALL UNKNOWN PARTIES
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ALL UNKNOWN TENANTS
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
HON. HOWARD H. HARRISON
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2014-08-08
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2014-08-08
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ ORDERED sua sponte, the above-styled appeal is hereby dismissed for nonpayment of the $300.00 filing fee; further,ORDERED appellant's motion filed July 16, 2014, for extension to comply with the June 17, 2014, order is hereby determined to be moot.
|
|
| Docket Date |
2014-07-23
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
Objection ~ TO MOTION FOR EXT. OF TIME
|
| On Behalf Of |
FAIRMONT PROPERTY OWNERS ASSOC
|
|
| Docket Date |
2014-07-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ (MOOT) TO COMPLY WITH 6/17/14 DOBRICK ORDER
|
| On Behalf Of |
BANK OF NEW YORK MELLON
|
|
| Docket Date |
2014-06-19
|
| 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 |
2014-06-17
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
Aplnt to Obtain Final Order-Dobrick/BCH ~ It appearing that the order to which the Notice of Appeal is directed is a non-appealable, non-final order, appellant shall have thirty (30) days in which to obtain a final order and to file a copy thereof in this court. Failure to do so will result in sua sponte dismissal of the appeal. An amended notice of appeal shall be filed in the lower court. See Fla. R. App. P. 9.110(l); Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); BCH Mech., Inc. v. McCoy, 584 So. 2d 1067 (Fla. 5th DCA 1991) ("This order is clearly an order granting a motion for summary judgment, not a final summary judgment, and, therefore, the order is a non-final, non-appealable order.")ORDERED that the trial court is specifically authorized, pursuant to Florida Rule of Appellate Procedure 9.600(b), upon appropriate application, to enter a final order in these proceedings.
|
|
| Docket Date |
2014-06-10
|
| Type |
Order
|
| Subtype |
Order to Register/Update eDCA
|
| Description |
Counsel to register with eDCA ~ Be advised that Sebastian K. Poprawski 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 |
2014-06-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2014-06-05
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
BANK OF NEW YORK MELLON
|
|
| Docket Date |
2014-06-05
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
FAMILY HOMES OF AMERICA, LLC. VS BANK OF NEW YORK MELLON,etc., et al.
|
4D2014-1998
|
2014-05-30
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE12026144 (11)
|
Parties
| Name |
FAMILY HOMES OF AMERICA LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Juliana Gaita
|
|
| Name |
UNKNOWN TENANTS IN POSSESSION
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ELIZABETH MIRANDA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PEMBROKE FALLS HOMEOWNERS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JANE DOE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
UNITED SOLUTIONS GROUP INC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
F/K/A PEMBROKE FALLS MASTER
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DAVID MIRANDA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JOHN DOE INC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BANK OF NEW YORK MELLON
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
David Bakalar, ELIZABETH ANNE BOWEN, Melissa Ann Giasi, EDWARD B. PRITCHARD
|
|
| Name |
THE BANK OF NEW YORK, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PEMBROKE FALLS PHASE SIX
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Cynthia Gelmine Imperato
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-03-18
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2016-03-18
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2016-02-18
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2015-07-23
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
BANK OF NEW YORK MELLON
|
|
| Docket Date |
2015-07-02
|
| 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 June 23, 2015 motion for extension of time is granted, and appellee shall serve the answer brief on or before July 23, 2015. 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 |
2015-06-23
|
| 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 |
BANK OF NEW YORK MELLON
|
|
| Docket Date |
2015-05-29
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief ~ (SECOND)
|
| On Behalf Of |
FAMILY HOMES OF AMERICA, LLC
|
|
| Docket Date |
2015-05-29
|
| 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 June 9, 2015, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's second amended 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 |
2015-05-14
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
Received Exhibits
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2015-04-29
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ THREE (3) VOLUMES
|
|
| Docket Date |
2015-03-16
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Grant Motion to Strike ~ ORDERED that upon consideration of appellant's response filed March 2, 2015, appellee's motion to strike filed January 20, 2015 is granted. The amended brief of appellant filed on November 26, 2014 is stricken as not in compliance with the Florida Rule of Appellate Procedure 9.210(b); further, ORDERED that appellant's motion to supplement the record included in the response filed March 2, 2015 is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare an amended index to the record on appeal and file the amended index and the supplemented 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 file a second amended initial brief in compliance with the rules within twenty (20) days of the filing of the supplemental record. The time for any responsive briefing shall be tolled until service of this second amended brief.
|
|
| Docket Date |
2015-03-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ (SEE 3/16/15 ORDER) TO MOTION TO STRIKE *AND* MOTION FOR SUPPLEMENTATION OF ROA AND FOR TO DEEM SECOND AMENDED BRIEF AS FILED
|
| On Behalf Of |
FAMILY HOMES OF AMERICA, LLC
|
|
| Docket Date |
2015-02-20
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellant to File Response ~ ORDERED that appellant is directed to respond, within ten (10) days from the date of this order, to appellee¿s motion to strike the amended initial brief filed January 20, 2015.
|
|
| Docket Date |
2015-01-20
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ AMENDED INITIAL BRIEF (GRANTED 3/16/15)
|
| On Behalf Of |
BANK OF NEW YORK MELLON
|
|
| Docket Date |
2014-12-22
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 01/21/15
|
| On Behalf Of |
BANK OF NEW YORK MELLON
|
|
| Docket Date |
2014-11-26
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief ~ **BRIEF STRICKEN - SEE 3/16/15 ORDER**
|
| On Behalf Of |
FAMILY HOMES OF AMERICA, LLC
|
|
| Docket Date |
2014-11-24
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ The appellant's initial brief filed on November 17, 2014, is stricken as not in compliance with Florida Rules of Appellate Procedure 9.210(a), (c), and (d) in that the table of contents does not show page numbers for each issue. An amended brief in compliance with the rules shall be filed within ten (10) days of the date of this order. The time for any responsive briefing shall be tolled until service of this amended brief.
|
|
| Docket Date |
2014-11-17
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
FAMILY HOMES OF AMERICA, LLC
|
|
| Docket Date |
2014-10-08
|
| 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 October 3, 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 thirty (30) days from the date of this order. All other time frames are hereby extended accordingly. See Florida Rule of Appellate Procedure 9.300(b).
|
|
| Docket Date |
2014-10-03
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time for Record
|
| Description |
Motion Extension of Time To Complete ROA
|
|
| Docket Date |
2014-08-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Deny Extension of Time ~ ORDERED that the appellant's (Family Homes of America) renewed motion for extension of time filed August 20, 2014, is hereby denied as moot in light of this court's order issued August 19, 2014.
|
|
| Docket Date |
2014-08-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ AS MOOT RENEWED
|
| On Behalf Of |
FAMILY HOMES OF AMERICA, LLC
|
|
| Docket Date |
2014-08-19
|
| 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 renewed motion filed August 11, 2014, for extension of time is granted, and appellant shall serve the initial brief on or before November 18, 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 |
2014-08-11
|
| 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 |
FAMILY HOMES OF AMERICA, LLC
|
|
| Docket Date |
2014-08-08
|
| Type |
Order
|
| Subtype |
Order on Motion to Withdraw Filing
|
| Description |
ORD-To Withdraw Pleadings ~ ORDERED that the appellant's motion filed July 29, 2014, to withdraw the initial brief filed in error is hereby granted, and the initial brief filed on July 28, 2014, is considered withdrawn; further,ORDERED that appellant's motion filed July 29, 2014, for extension of time is hereby denied without prejudice for failure to comply with Florida Rule of Appellate Procedure 9.300(a). See also this court's Notice to Attorneys and Parties, Paragraphs 1 and 2.
|
|
| Docket Date |
2014-07-29
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ **DENIED 9.300(a)**
|
| On Behalf Of |
FAMILY HOMES OF AMERICA, LLC
|
|
| Docket Date |
2014-07-29
|
| Type |
Motions Other
|
| Subtype |
Motion to Withdraw Filing
|
| Description |
Motion To Withdraw Pleadings ~ INITIAL BRIEF
|
| On Behalf Of |
FAMILY HOMES OF AMERICA, LLC
|
|
| Docket Date |
2014-07-29
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ (WITHDRAWN SEE 08/08/14 ORDER)
|
| On Behalf Of |
FAMILY HOMES OF AMERICA, LLC
|
|
| Docket Date |
2014-06-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
BANK OF NEW YORK MELLON
|
|
| Docket Date |
2014-06-16
|
| 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 |
2014-06-05
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Order Requiring Amended Certificate Service ~ ORDERED that appellant shall file, within five (5) days of the date of this order, a notice containing the physical address of every party in the certificate of service.The physical address of any attorney or party served with any pleading filed in this court must be provided along with any email address of that party used for service. See this Court¿s Notice to Attorneys and Parties, paragraph 3. The physical address of persons served shall be listed below the certificate of service.
|
|
| Docket Date |
2014-06-05
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF COMPLIANCE WITH 6/5/14 ORDER
|
| On Behalf Of |
FAMILY HOMES OF AMERICA, LLC
|
|
| Docket Date |
2014-06-05
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2014-05-30
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
FAMILY HOMES OF AMERICA, LLC
|
|
| Docket Date |
2014-05-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
DEBRA DOMIANO VS BANK OF NEW YORK, et al.
|
4D2014-1789
|
2014-05-15
|
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
CACE07034164
|
Parties
| Name |
DEBRA DOMIANO
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
THE BANK OF NEW YORK, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
MICHAEL H. JOHNSON, VILMA JANUSYTE SNEED
|
|
| Name |
LOUIS DOMIANO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Cynthia Gelmine Imperato
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2014-08-29
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed (No Record)
|
|
| Docket Date |
2014-07-23
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2014-07-23
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-Lack of Prosecution ~ ORDERED sua sponte, the above-styled case is hereby dismissed for lack of prosecution.
|
|
| Docket Date |
2014-06-26
|
| Type |
Order
|
| Subtype |
Order to Register/Update eDCA
|
| Description |
Counsel to register with eDCA ~ Be advised that Vilma Janusyte and Michael H. Johnson have 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 |
2014-06-25
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant's response filed June 19, 2014, is stricken as not in compliance with Florida Rules of Appellate Procedure 9.420(b), (c) and (d) in that there is no certificate of service. All certificates of service shall contain the name and physical address of the person served. You are hereby notified of the requirement to serve all parties with a copy of everything you file with this court.
|
|
| Docket Date |
2014-06-24
|
| Type |
Order
|
| Subtype |
Show Cause re Compliance with Prior Order
|
| Description |
Order to Show Cause-Appeal Dismissal ~ ORDERED that appellant is directed to show cause, within ten (10) days from the date of this order, why the above-styled case should not be dismissed or other sanctions imposed for failure to comply with this court's May 19, 2014, order.
|
|
| Docket Date |
2014-06-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
DEBRA DOMIANO
|
|
| Docket Date |
2014-06-06
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief/Apdx ~ ORDERED, the appellant in the above-styled case is hereby directed to file with this Court, and show cause in writing, if any there be, on or before June 16, 2014, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's initial brief and appendix have not been filed with this Court as of this date, pursuant to Fla. R. App. P. 9.130(e). Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief and appendix are filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2014-05-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ CORRECTED - FOR COUNTY
|
|
| Docket Date |
2014-05-19
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se civil appeal ~ **CORRECTED ** 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 you have already been found indigent for purposes of proceedings in the lower tribunal, in this case, please file a copy of that order in this court. If you do not have an order or a determination of indigent status and believe that you are insolvent, 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.
|
|
| Docket Date |
2014-05-16
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2014-05-16
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| 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 you have already been found indigent for purposes of proceedings in the lower tribunal, in this case, please file a copy of that order in this court. If you do not have an order or a determination of indigent status and believe that you are insolvent, 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.
|
|
| Docket Date |
2014-05-15
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
DEBRA DOMIANO
|
|
| Docket Date |
2014-05-15
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
