| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502016CA002108XXXXMB
|
Parties
| Name |
EMELIA NAPOLI
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Michael J. Farrar
|
|
| Name |
UNKNOWN TENANT(S) IN POSSESSION
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PATRICIA JOHNSON, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LUCILLE CRICCHIO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GELM, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ESTATE OF PATRICIA JOHNSON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
UNKNOWN HEIRS OF THE ESTATE OF PATRICIA JOHNSON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
COVE CLUB INVESTORS, LTD.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HOUSEVILLA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
David D. Welch, GILLIGAN, GOODING, FRANJOLA & BASTEL, P.A., GAITA & LISZT, PL, NELSON MULLINS BROAD AND CASSELL, Backer Aboud Poliakoff &Foelster, LLP, CHRISTINA LEHM, HAYNES & DEPAZ, P.A.
|
|
| Name |
Hon. Joseph George Marx
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Howard Coates, Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-12-21
|
| 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 (Cove Club Investors, Ltd. d/b/a Boca Dunes Golf and Country Club) December 20, 2018 and appellee's (GELM, Inc.) December 21, 2018 motion for extension of time are granted, and appellees shall serve the answer brief on or before February 15, 2019. In addition, appellees are notified that the failure to serve the brief within the time provided herein may foreclose appellees' right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2018-12-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
HOUSEVILLA, LLC
|
|
| Docket Date |
2018-12-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ (COVE CLUB INVESTORS, LTD)
|
| On Behalf Of |
HOUSEVILLA, LLC
|
|
| Docket Date |
2019-04-22
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2019-04-22
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2019-03-28
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Order Denying Oral Argument ~ ORDERED that the appellant's December 15, 2018 request for oral argument is denied.
|
|
| Docket Date |
2019-03-28
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2019-03-04
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
EMELIA NAPOLI
|
|
| Docket Date |
2019-03-04
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
EMELIA NAPOLI
|
|
| Docket Date |
2019-02-18
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ (COVE CLUB INVESTORS, LTD)
|
| On Behalf Of |
HOUSEVILLA, LLC
|
|
| Docket Date |
2019-02-15
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ (GELM, INC)
|
| On Behalf Of |
HOUSEVILLA, LLC
|
|
| Docket Date |
2019-02-15
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ (GELM, INC)
|
| On Behalf Of |
HOUSEVILLA, LLC
|
|
| Docket Date |
2019-02-11
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ WITHDRAWAL OF NOTICE OF APPEARANCE
|
| On Behalf Of |
EMELIA NAPOLI
|
|
| Docket Date |
2019-02-11
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ ORDERED that Kelly Johnson is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the February 4, 2019 notice of appearance should not be treated as a notice of joinder and stricken as untimely filed. See Fla. R. App. P. 9.360(a).
|
|
| Docket Date |
2019-02-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
EMELIA NAPOLI
|
|
| Docket Date |
2019-02-04
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
EMELIA NAPOLI
|
|
| Docket Date |
2018-12-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ (GELM, Inc.)
|
| On Behalf Of |
HOUSEVILLA, LLC
|
|
| Docket Date |
2018-12-18
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
HOUSEVILLA, LLC
|
|
| Docket Date |
2018-12-17
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
EMELIA NAPOLI
|
|
| Docket Date |
2018-12-17
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
EMELIA NAPOLI
|
|
| Docket Date |
2018-12-17
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
EMELIA NAPOLI
|
|
| Docket Date |
2018-12-10
|
| Type |
Order
|
| Subtype |
Order Reclassifying Case
|
| Description |
ORD-Final Appeal Treated as Non-Final ~ Upon consideration of appellant's November 19, 2018 jurisdictional brief, it is ORDERED sua sponte that the court determines that this appeal seeks review of a nonfinal order denying relief, rather than a final order. Fla. R. App. P. 9.130(a)(5). Appellant shall serve an initial brief and an accompanying appendix within fifteen (15) days from the date of this order. See Fla. R. App. P. 9.130(e), 9.220. The clerk of the lower tribunal shall not transmit a record on appeal unless ordered by this court. Further, ORDERED the above-styled appeal is dismissed as untimely as to the order establishing priority excess to proceeds, entered May 24, 2018.
|
|
| Docket Date |
2018-11-19
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
EMELIA NAPOLI
|
|
| Docket Date |
2018-11-19
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
EMELIA NAPOLI
|
|
| Docket Date |
2018-11-16
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2018-11-16
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that within ten (10) days from the date of this order appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the order establishing priority to excess proceedings and disbursement of funds has been timely appealed, as an untimely motion for reconsideration does not toll the time to appeal the final order. Fla. R. App. P. 9.020(i) (explaining that rendition of an order is tolled pending a timely filed motion for new trial, for rehearing, for certification, to alter or amend, and for judgment in accordance with prior motion for directed verdict); furtherAppellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2018-11-15
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
EMELIA NAPOLI
|
|
| Docket Date |
2018-11-15
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502014CA008761
|
Parties
| Name |
SRP 2013-2, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
ROBERT C. SCHERMER
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
COVE CLUB INVESTORS, LTD.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
David D. Welch
|
|
| Name |
BOCA DUNES GOLF & COUNTRY CLUB
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BARBARA J. HEIM
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-12-10
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the December 8, 2015 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2015-12-10
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2015-12-08
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
SRP 2013-2, LLC
|
|
| Docket Date |
2015-12-07
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before December 17, 2015, 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 |
2015-09-28
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ WITH ATTACHED ORDER BEING APPEALED
|
| On Behalf Of |
SRP 2013-2, LLC
|
|
| Docket Date |
2015-09-25
|
| 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 |
2015-09-25
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2015-09-24
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
SRP 2013-2, LLC
|
|
| Docket Date |
2015-09-24
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
