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MARIE WICK, Appellant(s) v. A-ACTION MORTGAGE COMPANY, GINA CLAMPITT, JERRY MASTRANGELO, HSBC SECURITIES CANADA, INC., HSBC BANK USA, BANK OF AMERICA, BAYFIRST NATIONAL BANK, AMERICAN EQUITY MORTGAGE, INC., RONALD CLAMPITT, Appellee(s).
|
2D2024-0889
|
2024-04-15
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
2000CA-001905
|
Parties
| Name |
MARIE WICK
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Benjamin Earl Hillard, Amy Cuykendall Jones
|
|
| Name |
A-ACTION MORTGAGE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Sean Patrick Walsh, Dustin Duell Deese
|
|
| Name |
GINA CLAMPITT
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jennifer Erin Jones
|
|
| Name |
JERRY MASTRANGELO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HSBC SECURITIES CANADA, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HSBC BANK USA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BANK OF AMERICA CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BAYFIRST NATIONAL BANK
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
AMERICAN EQUITY MORTGAGE, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RONALD CLAMPITT
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Pinellas Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-14
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
30 - IB DUE 12/16/2024
|
| On Behalf Of |
MARIE WICK
|
|
| Docket Date |
2024-10-17
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
28 DAYS - AB DUE ON 11/15/24
|
| On Behalf Of |
GINA CLAMPITT
|
|
| Docket Date |
2024-09-16
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
GINA CLAMPITT
|
|
| Docket Date |
2024-08-23
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
55 PAGES
|
| On Behalf Of |
Pinellas Clerk
|
|
| Docket Date |
2024-08-20
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
MARIE WICK
|
| View |
View File
|
|
| Docket Date |
2024-08-15
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
| On Behalf Of |
MARIE WICK
|
|
| Docket Date |
2024-08-15
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement Record
|
| On Behalf Of |
MARIE WICK
|
|
| Docket Date |
2024-08-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Appellant's motion for extension of time is granted, and the initial brief shall be served by August 15, 2024.
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| View |
View File
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|
| Docket Date |
2024-08-06
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
| On Behalf Of |
MARIE WICK
|
|
| Docket Date |
2024-07-05
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
30 - IB DUE 08/05/2024
|
| On Behalf Of |
MARIE WICK
|
|
| Docket Date |
2024-07-01
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
3 - IB DUE 07/04/2024
|
| On Behalf Of |
MARIE WICK
|
|
| Docket Date |
2024-06-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
10 DAYS - IB DUE ON 07/01/24
|
| On Behalf Of |
MARIE WICK
|
|
| Docket Date |
2024-06-04
|
| Type |
Record
|
| Subtype |
Record on Appeal Redacted
|
| Description |
JIROTKA - 4786 pages
|
| On Behalf Of |
Pinellas Clerk
|
|
| Docket Date |
2024-05-03
|
| Type |
Misc. Events
|
| Subtype |
Certificate
|
| Description |
CERTIFICATE OF THE CLERK
|
| On Behalf Of |
Pinellas Clerk
|
|
| Docket Date |
2024-04-19
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
MARIE WICK
|
| View |
View File
|
|
| Docket Date |
2024-04-17
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal - CERTIFIED
|
| On Behalf Of |
MARIE WICK
|
|
| Docket Date |
2024-04-16
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-04-15
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
W/ORDER
|
| On Behalf Of |
Pinellas Clerk
|
|
| Docket Date |
2024-12-16
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
GINA CLAMPITT
|
| View |
View File
|
|
| Docket Date |
2024-08-16
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Appellant's motion to supplement the record is granted, and Appellant shall make arrangements within 3 days with the clerk of the lower tribunal for the supplementation of the record with the items mentioned in the motion. The clerk shall transmit the supplemental record to this court within 25 days from the date of this order.
Appellant's motion for extension of time is granted, and the initial brief shall be served by August 19, 2024.
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| View |
View File
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| Docket Date |
2024-04-16
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
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 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."
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| View |
View File
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THE PLAZA CONDOMINIUM ASSOCIATION, INC. VS HSBC BANK USA, AS TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ACE SECURITIES CORP., HOME EQUITY LOAN TRUST, SERVICES 2007-WMI ASSET BANK PASS-THROUGH CERTIFICATES
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5D2021-3115
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2021-12-15
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Closed
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|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County
2015-CA-008703-O
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Parties
| Name |
THE PLAZA CONDOMINIUM ASSOCIATION, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Henry G. Gyden, Brian T. Giles
|
|
| Name |
HSBC BANK USA
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Jan T. Williams, Jonathan Rudge Rosenn
|
|
| Name |
Home Equity Loan Trust Services
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| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Ace Securities Corp.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Donald A. Myers, Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-03-14
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD E-FILED
|
|
| Docket Date |
2022-03-14
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp. w/o Mandate
|
|
| Docket Date |
2022-02-23
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Dismissing Original Petition
|
|
| Docket Date |
2022-02-23
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ AS MOOT
|
|
| Docket Date |
2022-02-08
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOT DISMISS
|
| On Behalf Of |
HSBC Bank USA
|
|
| Docket Date |
2022-02-08
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
HSBC Bank USA
|
|
| Docket Date |
2022-02-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Reply to Response
|
| Description |
Order Grant EOT to Reply to Response ~ TO 2/11
|
|
| Docket Date |
2022-02-04
|
| Type |
Motions Extensions
|
| Subtype |
Motion Extension of Time To Reply To Response
|
| Description |
Motion Extension of TimeTo Reply To Respons
|
| On Behalf Of |
The Plaza Condominium Association, Inc.
|
|
| Docket Date |
2022-01-10
|
| Type |
Order
|
| Subtype |
Order on Motion For Review
|
| Description |
Order Deny Motion For Review
|
|
| Docket Date |
2022-01-06
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-Discharging Show Cause ~ 1/5 ORDER TO SHOW CAUSE IS DISCHARGED
|
|
| Docket Date |
2022-01-05
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause - Filing Fee ~ W/IN 10 DAYS
|
|
| Docket Date |
2022-01-05
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
CASE FILING FEE PAID THROUGH PORTAL
|
|
| Docket Date |
2022-01-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PER 1/5 ORDER
|
| On Behalf Of |
The Plaza Condominium Association, Inc.
|
|
| Docket Date |
2022-01-04
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response ~ RESPONSE TOPETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
HSBC Bank USA
|
|
| Docket Date |
2022-01-04
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO MOT FOR REVIEW
|
| On Behalf Of |
HSBC Bank USA
|
|
| Docket Date |
2022-01-03
|
| Type |
Motions Other
|
| Subtype |
Motion For Review
|
| Description |
Motion For Review ~ "EMERGENCY"
|
| On Behalf Of |
The Plaza Condominium Association, Inc.
|
|
| Docket Date |
2022-01-03
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOT FOR REVIEW
|
| On Behalf Of |
The Plaza Condominium Association, Inc.
|
|
| Docket Date |
2021-12-29
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion
|
|
| Docket Date |
2021-12-16
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOT FOR LEAVE
|
| On Behalf Of |
HSBC Bank USA
|
|
| Docket Date |
2021-12-16
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ FOR LEAVE OF COURT FOR THE TRIAL COURT TO CORRECT A SCRIVENER'S ERROR IN THE ORDER ON APPEAL
|
| On Behalf Of |
HSBC Bank USA
|
|
| Docket Date |
2021-12-15
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Respondent to Respond ~ RESPONSE W/IN 20 DYS; REPLY W/IN 10 DYS
|
|
| Docket Date |
2021-12-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2021-12-15
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-12-15
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
|
| Docket Date |
2021-12-15
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed ~ FILED BELOW 12/15/21
|
| On Behalf Of |
The Plaza Condominium Association, Inc.
|
|
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RUSSELL B. ADLER VS HSBC BANK USA, NATIONAL ASSOCIATION, ETC., ET AL.
|
SC2021-1583
|
2021-11-15
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
4D21-1744
Circuit Court for the Seventeenth Judicial Circuit, Broward County
062009CA044480AXXXCE
|
Parties
| Name |
Russell B. Adler
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
HSBC BANK USA
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Brandi N. Wilson
|
|
| Name |
Hon. Andrea Ruth Gundersen
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Brenda D. Forman
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-12-14
|
| Type |
Miscellaneous Document
|
| Subtype |
Copy of Order Denying Motion for Rehearing
|
| Description |
COPY OF ORDER DENYING MOTION FOR REHEARING ~ Lower tribunal order dated 10/28/2021 striking motion for rehearing and Mandate issued 11/19/2021
|
| On Behalf Of |
Russell B. Adler
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| View |
View File
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| Docket Date |
2021-11-16
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
|
| Docket Date |
2021-11-15
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-11-15
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
|
| On Behalf Of |
Russell B. Adler
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| View |
View File
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|
| Docket Date |
2021-12-15
|
| Type |
Disposition
|
| Subtype |
Rev/Appeal Dism No Juris Omnibus
|
| Description |
DISP-REV/APPEAL DISM NO JURIS OMNIBUS ~ This case is hereby dismissed. This Court lacks jurisdiction to review an unelaborated decision from a district court of appeal that is issued without opinion or explanation or that merely cites to an authority that is not a case pending review in, or reversed or quashed by, this Court. See Wheeler v. State, 296 So. 3d 895 (Fla. 2020); Wells v. State, 132 So. 3d 1110 (Fla. 2014); Jackson v. State, 926 So. 2d 1262 (Fla. 2006); Gandy v. State, 846 So. 2d 1141 (Fla. 2003); Stallworth v. Moore, 827 So. 2d 974 (Fla. 2002); Harrison v. Hyster Co., 515 So. 2d 1279 (Fla. 1987); Dodi Publ'g Co. v. Editorial Am. S.A., 385 So. 2d 1369 (Fla. 1980); Jenkins v. State, 385 So. 2d 1356 (Fla. 1980). No motion for rehearing or reinstatement will be entertained by the Court.
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| View |
View File
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| Docket Date |
2021-11-16
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE
|
| View |
View File
|
|
| Docket Date |
2021-11-16
|
| Type |
Order
|
| Subtype |
Stay Proceedings FSC (DCA Reh)
|
| Description |
ORDER-STAY PROCEEDINGS FSC (DCA REH) ~ The proceedings in the above cause are hereby stayed in this Court pending disposition of the Motion for Rehearing in the Fourth District Court of Appeal.Petitioner is to advise this Court thirty days from the date of this order, and every thirty days thereafter, of the status of the motion for rehearing which is now pending in said district court.
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| View |
View File
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PAULA D. SCOTT VS HSBC BANK USA
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2D2021-3166
|
2021-10-11
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
19-CA-4321-CI
|
Parties
| Name |
PAULA D. SCOTT
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ANDRE SCRUGGS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HSBC BANK USA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PAULA DENISE SCOTT
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. PATRICIA A. MUSCARELLA
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
PINELLAS CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-12-07
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2021-11-18
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-SUA SPONTE DISMISSAL ~ This appeal is dismissed for failure of the appellant to comply with this court’s October 13, 2021, order.
|
|
| Docket Date |
2021-11-18
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ Casanueva, Khouzam, and Stargel
|
|
| Docket Date |
2021-10-13
|
| Type |
Order
|
| Subtype |
Certificate of Service
|
| Description |
OSC/no cert. of service
|
|
| Docket Date |
2021-10-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2021-10-11
|
| Type |
Miscellaneous Document
|
| Subtype |
Lower Tribunal Insolvency
|
| Description |
LOWER TRIBUNAL INSOLVENCY
|
| On Behalf Of |
PINELLAS CLERK
|
|
| Docket Date |
2021-10-11
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF:Not Required
|
|
| Docket Date |
2021-10-11
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER APPEALED
|
| On Behalf Of |
PAULA D. SCOTT
|
|
|
|
FRANK GREER VS HSBC BANK USA
|
2D2021-2286
|
2021-07-27
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
18-CA-000015
|
Parties
| Name |
PAULA GREER
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FRANK GREER
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
HSBC BANK USA
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
BENJAMIN B. BROWN, ESQ., GABRIELA N. TIMIS, ESQ., DANIEL F. PILKA, ESQ., JAMIE V. SIMONS, ESQ., JOSEPH T. KOHN, ESQ., ALBERTELLI LAW
|
|
| Name |
HON. JENNIFER GABBARD
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-02-13
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-02-13
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-02-13
|
| Type |
Order
|
| Subtype |
Order on Motion to Certify
|
| Description |
Deny Certification of Cause to S.Ct.-60a ~ Appellant’s motion for certification is stricken as unauthorized per 9.330(b).Further unauthorized motions in this case will not receive judicial consideration.
|
|
| Docket Date |
2023-01-30
|
| Type |
Notice
|
| Subtype |
Suggestion for Immediate Resolution by FSC 9.125
|
| Description |
Motion SUGGEST T/CERT. CAUSE T/SC
|
| On Behalf Of |
FRANK GREER
|
|
| Docket Date |
2023-01-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
| Description |
Order Denying Reconsideration ~ Appellant’s motion for reconsideration is denied.
|
|
| Docket Date |
2023-01-16
|
| Type |
Motions Other
|
| Subtype |
Motion for Reconsideration/Rehearing of an Order
|
| Description |
Motion For Reconsideration ~ CONSENT MOTION FOR RECONSIDERATION TO PREVENT ANOTHER INJUSTICE
|
| On Behalf Of |
FRANK GREER
|
|
| Docket Date |
2023-01-12
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay Issuance of Mandate
|
| Description |
Order Denying Motion to Stay Issue Mandate ~ Appellant’s motion to stay mandate is denied.
|
|
| Docket Date |
2023-01-09
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion To Stay Issuance of Mandate
|
| Description |
Motion To Stay Issuance of Mandate ~ MOTION FOR STAY OF MANDATE PENDING PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
FRANK GREER
|
|
| Docket Date |
2023-01-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-DENYING REHEARING ~ Appellant's motion for rehearing, rehearing en banc, or certification of a questionof great public importance is denied.
|
|
| Docket Date |
2022-11-22
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc ~ MOTION FOR REHEARING, REHEARING EN BANC, OR CERTIFICATION OF AQUESTION OF GREAT PUBLIC IMPORTANCE
|
| On Behalf Of |
FRANK GREER
|
|
| Docket Date |
2022-11-21
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ Appellant's motion for issuance of a written opinion is denied.
|
|
| Docket Date |
2022-11-15
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Written Opinion
|
| Description |
Motion for Written Opinion ~ APPELLANT'S MOTION FOR ISSUANCE OF A WRITTEN OPINION
|
| On Behalf Of |
FRANK GREER
|
|
| Docket Date |
2022-11-09
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2022-09-20
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion-79a ~ Appellant’s motion to reschedule oral argument is denied.
|
|
| Docket Date |
2022-09-14
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion For Oral Argument ~ MOTION TO RESCHEDULE ORAL ARGUMENT
|
| On Behalf Of |
FRANK GREER
|
|
| Docket Date |
2022-09-12
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-SUA SPONTE ~ The court, on its own motion pursuant to Florida Rule of Appellate Procedure 9.320, hereby cancels the November 1, 2022, oral argument in this case. The case will be decided on the briefs without oral argument.
|
|
| Docket Date |
2022-09-09
|
| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
|
| Description |
OA Notice Video ~ This case is provisionally set for oral argument on TUESDAY, NOVEMBER 01, 2022, at 11:00 A.M., before: Judge Stevan T. Northcutt, Judge Darryl C. Casanueva, Judge Nelly N. Khouzam. The oral argument will be conducted by video conference. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to sign in by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument, the attorneys or parties will be notified by order no less than two weeks before the scheduled date. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.Within ten days from the date of this order, any attorney or party who will be presenting argument is requested to provide the Clerk of the Court with the email address where the video invitation should be sent and a telephone number. This information may be sent by email to 2dcaClerk@flcourts.org. The Clerk of the Court will provide each participant with connection instructions, including the opportunity for a test session, before the argument.
|
|
| Docket Date |
2022-07-26
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ APPELLEE'S REQUEST TO DISPENSE WITH ORAL ARGUMENT, OR ALTERNATIVELY, TO CONDUCT ORAL ARGUMENT BY VIDEO
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2022-07-21
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Amended OA Request Permitted ~ A request for oral argument has been filed in this case. Within five days from the date of this order, any party may file a request that the argument be conducted by video. The manner of oral argument will be decided in the court's discretion. A video request must state the reason in support, and it must indicate that the requesting party has consulted opposing counsel and is authorized to represent that opposing counsel either has no objection or will file an objection. A party objecting to a request to conduct oral argument by video must file a response within five days after service of the request.
|
|
| Docket Date |
2022-07-20
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
FRANK GREER
|
|
| Docket Date |
2022-07-20
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
FRANK GREER
|
|
| Docket Date |
2022-06-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORDER GRANTING APPELLANT'S REPLY BRIEF ~ Appellant's motion for extension of time is granted, and the reply brief shall be served within 30 days from the date of this order.
|
|
| Docket Date |
2022-06-03
|
| 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 |
FRANK GREER
|
|
| Docket Date |
2022-05-23
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2022-04-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellant's motion to compel trial court is denied as moot.Appellee's motion for extension of time is granted, and the answer brief shallbe served within 30 days from the date of this order.
|
|
| Docket Date |
2022-04-06
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2022-04-06
|
| 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 |
HSBC BANK USA
|
|
| Docket Date |
2022-03-07
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
FRANK GREER
|
|
| Docket Date |
2022-03-03
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 307 PAGES
|
|
| Docket Date |
2022-03-02
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
HILLSBOROUGH CLERK
|
|
| Docket Date |
2022-02-18
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ Within seven days of this order, the clerk shall provide a status report concerningsupplementation of the record on appeal as directed in this court's January 19, 2022,order.
|
|
| Docket Date |
2022-02-16
|
| Type |
Motions Other
|
| Subtype |
Motion To Compel
|
| Description |
Motion To Compel ~ TRIAL COURT TO CORRECT/SUPPLEMENT MISSING RECORDS
|
| On Behalf Of |
FRANK GREER
|
|
| Docket Date |
2022-01-19
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
ORDER GRANTING MOTION TO SUPPLEMENT THE RECORD ~ Appellant's motion to supplement the record is granted, and appellant shall make arrangements within three days with the clerk of the lower tribunal for the supplementation of the record with the items mentioned in the motion, with the supplemental record to be filed in this court within twenty-five days from the date of this order. The initial brief shall be served within thirty days of this order.
|
|
| Docket Date |
2021-12-09
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Amend/Correct Record
|
| Description |
Motion To Correct the Record ~ AMENDED MOTION TO CORRECT THE RECORD ON APPEAL
|
| On Behalf Of |
FRANK GREER
|
|
| Docket Date |
2021-11-30
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Amend/Correct Record
|
| Description |
Motion To Correct the Record ~ ON APPEAL **NOTED-SEE AMENDED MOTION**
|
| On Behalf Of |
FRANK GREER
|
|
| Docket Date |
2021-11-12
|
| 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 is granted, and the initial brief shall be served by December 1, 2021.
|
|
| Docket Date |
2021-10-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF
|
| On Behalf Of |
FRANK GREER
|
|
| Docket Date |
2021-10-08
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
Order for Immediate Filing of Brief ~ Appellant's initial brief shall be served within 20 days from the date of this order.
|
|
| Docket Date |
2021-09-29
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ NIELSEN - 3654 PAGES
|
|
| Docket Date |
2021-07-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2021-07-27
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF:Not Required
|
| On Behalf Of |
FRANK GREER
|
|
| Docket Date |
2021-07-27
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF APPEAL
|
| On Behalf Of |
FRANK GREER
|
|
| Docket Date |
2021-07-27
|
| Type |
Order
|
| Subtype |
Certificate of Service
|
| Description |
c of s; mailing addresses
|
|
|
|
RICARDO LOPEZ VS WILMINGTON TRUST, N.A,, ETC., ET AL.
|
SC2020-1157
|
2020-08-07
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
3D19-1805
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
132012CA024863000001
|
Parties
| Name |
RICARDO LOPEZ INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Amida U. Frey, Bruce Jacobs
|
|
| Name |
1st National Bank of South Florida
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Maria Isabel Garcia Lopez
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
CITIBANK (SOUTH DAKOTA), N.A.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Atlantic Cred & Finance, Inc.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
HSBC BANK USA
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
UNITED STATES OF AMERICA INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
CITY OF MIAMI
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
MIAMI-DADE COUNTY CORP.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Wilmington Trust, N.A.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
William P. Heller, Nancy M. Wallace
|
|
| Name |
Olga Garcia
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
CAPITAL ONE BANK, USA, N.A.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
John W. Thornton Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Mercedes M. Prieto
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Hon. Harvey Ruvin
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-09-30
|
| Type |
Disposition
|
| Subtype |
Dism Voluntary
|
| Description |
DISP-DISMISSED-VOLUNTARY ~ Petitioner having filed a proper notice of dismissal pursuant to Florida Rule of Appellate Procedure 9.350(b), it is ordered that the petition for review is hereby voluntarily dismissed.
|
|
| Docket Date |
2020-08-24
|
| Type |
Motion
|
| Subtype |
Notice-Dismiss (Voluntary)
|
| Description |
NOTICE-DISMISS (VOLUNTARY) ~ Filed as "NOTICE OF WITHDRAWAL OF NOTICE TO INVOKEDISCRETIONARY JURISDICTION"
|
| On Behalf Of |
Ricardo Lopez
|
| View |
View File
|
|
| Docket Date |
2020-08-20
|
| Type |
Event
|
| Subtype |
Fee Due $300, but not billed
|
| Description |
Fee Due $300, but not billed
|
|
| Docket Date |
2020-08-10
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE
|
|
| Docket Date |
2020-08-10
|
| Type |
Notice
|
| Subtype |
Appearance
|
| Description |
NOTICE-APPEARANCE
|
| On Behalf Of |
Wilmington Trust, N.A.
|
| View |
View File
|
|
| Docket Date |
2020-08-07
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
|
| On Behalf Of |
Ricardo Lopez
|
| View |
View File
|
|
| Docket Date |
2020-08-07
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
D3:Fee Due $300, but not billed
|
|
|
|
BRENDA INGRAM VS HSBC BANK USA
|
2D2020-0197
|
2020-01-16
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
2018CA001373XXCICI
|
Parties
| Name |
BRENDA INGRAM
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
LEE SEGAL, ESQ.
|
|
| Name |
HSBC BANK USA
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Arda Goker, ESQ., IAN D. JAGENDORF, ESQ., KIMBERLY S. MELLO, ESQ., JOSEPH H. PICONE, ESQ.
|
|
| Name |
ACE SECURITIES CORP. HOME
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. THANE B. COVERT
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
PINELLAS CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-06-08
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-05-14
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2021-04-27
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority ~ APPELLEE'S NOTICE OF SUPPLEMENTAL AUTHORITY
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2021-01-27
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Tampa
|
|
| Docket Date |
2021-01-25
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2020-11-16
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2020-10-21
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
BRENDA INGRAM
|
|
| Docket Date |
2020-10-16
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2020-10-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shallbe served by October 16, 2020.
|
|
| Docket Date |
2020-10-08
|
| 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 |
HSBC BANK USA
|
|
| Docket Date |
2020-09-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shallbe served by October 9, 2020.
|
|
| Docket Date |
2020-09-08
|
| 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 |
HSBC BANK USA
|
|
| Docket Date |
2020-09-08
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ AMENDED1 NOTICE OF APPEARANCE
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2020-08-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Having determined that the abeyance period has concluded, appellee's motion for extension of time to serve the answer brief is granted, and the answer brief shall be served on or before September 9, 2020.
|
|
| Docket Date |
2020-08-10
|
| 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 |
HSBC BANK USA
|
|
| Docket Date |
2020-06-25
|
| Type |
Order
|
| Subtype |
Abeyance Order
|
| Description |
Appeal In Abeyance ~ Appellant's motion to stay is treated as a motion to hold appeal in abeyance for forty-five days and is granted. At the conclusion of the abeyance period, appellant shall file a notice of voluntary dismissal, a status report or the initial brief, as appropriate.
|
|
| Docket Date |
2020-06-23
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ ***TREATED AS A MOTION TO HOLD APPEAL IN ABEYANCE - SEE 6/25/2020 ORDER***JOINT MOTION TO STAY APPEAL DUE TO SETTLEMENT NEGOTIATIONS
|
| On Behalf Of |
BRENDA INGRAM
|
|
| Docket Date |
2020-05-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - AB DUE 6/25/20
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2020-05-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO APPELLANT'S MOTION FOR APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2020-04-23
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
BRENDA INGRAM
|
|
| Docket Date |
2020-04-23
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
BRENDA INGRAM
|
|
| Docket Date |
2020-04-23
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
BRENDA INGRAM
|
|
| Docket Date |
2020-03-16
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ REDACTED - 41 PAGES
|
|
| Docket Date |
2020-03-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
ORD-REINSTATEMENT ~ Appellant's motion for reinstatement is granted. This court's February 19, 2020 order is vacated, and the appeal is reinstated.
|
|
| Docket Date |
2020-02-19
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
BRENDA INGRAM
|
|
| Docket Date |
2020-02-19
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ CASANUEVA, SALARIO, AND ROTHSTEIN-YOUAKIM
|
|
| Docket Date |
2020-02-19
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
dismiss/no fee/order of insolvency ~ **VACATED**(SEE 03/11/20 order)This appeal is dismissed because of the appellant's failure to comply with this court's January 17, 2020, fee order.
|
|
| Docket Date |
2020-02-19
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
BRENDA INGRAM
|
|
| Docket Date |
2020-02-18
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2020-01-30
|
| Type |
Misc. Events
|
| Subtype |
Certificate
|
| Description |
Certificate ~ CERTIFICATE 0F THE CLERK
|
| On Behalf Of |
PINELLAS CLERK
|
|
| Docket Date |
2020-01-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2020-01-17
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2020-01-16
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-01-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ WITH ORDER
|
| On Behalf Of |
BRENDA INGRAM
|
|
| Docket Date |
2021-05-14
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellee filed a motion for appellate attorneys' fees, pursuant to paragraph 6(e) of the promissory note ("If the Note Holder has required me to pay immediately in full . . . the Note Holder will have the right to be paid back by me for all its costs and expenses in enforcing this Note . . . .") and paragraph 22 of the mortgage ("Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including but not limited to, reasonable attorney's fees . . . ."). The request for attorney's fees is remanded to the trial court; if the Appellee establishes its entitlement thereto, the trial court is authorized to award Appellee all of the reasonable appellate attorney's fees it incurred. The motion for appellate attorney's fees filed by Appellant pursuant to section 57.105(7), Florida Statutes (2018), is denied.
|
|
| Docket Date |
2020-11-16
|
| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
|
| Description |
OA Notice Video ~ This case is provisionally set for oral argument on WEDNESDAY, JANUARY 27, 2021, at 9:30 A.M., before: Judge Morris Silberman, Judge J. Andrew Atkinson, Judge Andrea T. Smith. To mitigate the impact of the COVID-19 outbreak while continuing with the orderly processing of cases, the oral argument will be conducted by video conference. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to sign in by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument, the attorneys or parties will be notified by order no less than two weeks before the scheduled date. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.Within ten days from the date of this order, any attorney or party who will be presenting argument is requested to provide the Clerk of the Court with the email address where the video invitation should be sent and a telephone number. This information may be sent by email to 2dcaClerk@flcourts.org. The Clerk of the Court will provide each participant with connection instructions, including the opportunity for a test session, before the argument.
|
|
|
|
MARIE CHAMPAGNE VS HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE, ET AL.,
|
2D2017-4484
|
2017-11-03
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Charlotte County
16-1906CA
|
Parties
| Name |
MARIE CHAMPAGNE
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
DOUGLAS W. GRISSINGER, ESQ.
|
|
| Name |
HSBC BANK USA
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
KIMBERLY S. MELLO, ESQ., DAVID L. REIDER, ESQ., MICHELE L. STOCKER, ESQ., Vitaliy Kats, Esq.
|
|
| Name |
CHARLOTTE CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-06-14
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2018-05-18
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Per Curiam Opinion
|
|
| Docket Date |
2018-02-13
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ REPLY OF PETITIONER
|
| On Behalf Of |
MARIE CHAMPAGNE
|
|
| Docket Date |
2018-01-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR DEUTSCHE ALT-A SECURITIES MORTGAGE LOAN TRUST, SERIES 2007-1's RESPONSE TO PETITIONER'S PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2018-01-25
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE ~ SUPPLEMENTAL APPENDIX TO HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR DEUTSCHE ALT-A SECURITIES MORTGAGE LOAN TRUST, SERIES 2007-1's RESPONSE TO PETITIONER'S PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2017-12-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
grant eot for cert response
|
|
| Docket Date |
2017-12-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion Extension of time To File Response
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2017-12-06
|
| Type |
Order
|
| Subtype |
Order to Respond to Petition
|
| Description |
certiorari response - pretrial
|
|
| Docket Date |
2017-11-30
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
ORIGINAL APPENDIX OR ATTACHMENT
|
| On Behalf Of |
MARIE CHAMPAGNE
|
|
| Docket Date |
2017-11-29
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
MARIE CHAMPAGNE
|
|
| Docket Date |
2017-11-29
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
MARIE CHAMPAGNE
|
|
| Docket Date |
2017-11-16
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2017-11-14
|
| Type |
Order
|
| Subtype |
Order Reclassifying Case
|
| Description |
cert conversion from appeal
|
|
| Docket Date |
2017-11-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2017-11-03
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
MARIE CHAMPAGNE
|
|
| Docket Date |
2017-11-03
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
JOAQUIN FERNANDO SANDOVAL and LILIANA STRUSBERG VS HSBC BANK USA
|
4D2016-1678
|
2016-05-23
|
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
2012CA022776XXXXMB
|
Parties
| Name |
JOAQUIN FERNANDO SANDOVAL
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jeffrey Allen Harrington, Adriana C. Clamens
|
|
| Name |
LILIANA STRUSBERG
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
HSBC BANK USA
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Kimberly S. Mello, LAURA J. BASSINI, Aldridge Pite, LLP
|
|
| Name |
Hon. Jeffrey J. Colbath
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HON. MARK E. POLEN
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-04-17
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2017-04-17
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2017-03-23
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2017-02-15
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
JOAQUIN FERNANDO SANDOVAL
|
|
| Docket Date |
2017-02-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORD-Reply Brief to be Served ~ ORDERED that appellants' February 2, 2017 motion for extension of time is granted, and appellants shall serve the reply brief within seven (7) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it will be subject to being stricken, or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the reply 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 |
2017-02-02
|
| 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 |
JOAQUIN FERNANDO SANDOVAL
|
|
| Docket Date |
2017-01-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ 30 DAYS TO 2/2/17
|
| On Behalf Of |
JOAQUIN FERNANDO SANDOVAL
|
|
| Docket Date |
2016-12-13
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2016-11-18
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 15 DAYS TO 12/13/16
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2016-10-26
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 11/28/16
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2016-09-21
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 771 PAGES
|
|
| Docket Date |
2016-09-12
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 45 DAYS TO 10/27/16
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2016-08-15
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
JOAQUIN FERNANDO SANDOVAL
|
|
| Docket Date |
2016-08-03
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellants in the above-styled case is directed to show cause in writing, if any there be, on or before August 13, 2016, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellants' 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 |
2016-07-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2016-05-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-05-24
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2016-05-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
JOAQUIN FERNANDO SANDOVAL
|
|
| Docket Date |
2016-05-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
DAVID MAGUA VS HSBC BANK USA, etc.
|
4D2015-2689
|
2015-07-15
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE07033789 (11)
|
Parties
| Name |
DAVID MAGUA
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Nicole Moskowitz
|
|
| Name |
HSBC BANK USA
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ELIZABETH FRAU, RONALD R. WOLFE, Nicholas Steven Agnello, JOHN ROBERT CHILES
|
|
| Name |
HON. DALE ROSS
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-09-30
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2016-09-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that the appellant's September 1, 2016 motion for rehearing/reconsideration of order denying attorney's fees is denied.
|
|
| Docket Date |
2016-09-13
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2016-09-09
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
Objection ~ TO MOTION FOR REHEARING
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2016-09-01
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ /RECONSIDERATION OF ORDER DENYING ATTORNEY'S FEES
|
| On Behalf Of |
DAVID MAGUA
|
|
| Docket Date |
2016-08-17
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that the appellant's April 4, 2016 motion for attorney's fees and costs is denied.
|
|
| Docket Date |
2016-08-17
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion
|
|
| Docket Date |
2016-07-18
|
| Type |
Notice
|
| Subtype |
Concession/Confession of Error
|
| Description |
Confession of Error
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2016-07-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR ATTY'S FEES **PERMITTED SEE 7/7/16**
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2016-07-07
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ ORDERED that appellee's June 10, 2016 motion for leave to submit untimely response to the appellant's motion for attorney's fees is granted. Appellee's response in opposition to appellant's motion for attorney's fees and costs filed on June 10, 2016 is deemed filed as of the date of this order.
|
|
| Docket Date |
2016-06-16
|
| 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 1, 2016 motion for extension of time to file the answer brief is granted, and appellee shall serve the answer brief within thirty (30) days from the date of this order. 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 |
2016-06-10
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ FOR LEAVE TO FILE UNTIMELY RESPONSE TO MOTION FOR ATTY'S FEES
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2016-06-01
|
| 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 |
HSBC BANK USA
|
|
| Docket Date |
2016-04-27
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ (66 PAGES) **SEE 4/27/16 ORDER**
|
| On Behalf Of |
DAVID MAGUA
|
|
| Docket Date |
2016-04-27
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that the appellant's April 20, 2016 motion to supplement record on appeal is granted, and the record is supplemented to include the complete trial transcript. Said supplemental record is deemed filed as of the date of this order.
|
|
| Docket Date |
2016-04-20
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
DAVID MAGUA
|
|
| Docket Date |
2016-04-06
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 6/1/16
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2016-04-04
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
DAVID MAGUA
|
|
| Docket Date |
2016-04-04
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
DAVID MAGUA
|
|
| Docket Date |
2016-03-18
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
Received Exhibits ~ 69 PAGES
|
|
| Docket Date |
2016-02-23
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Affidavit of Non-Payment of Final Bill filed by the clerk of the lower tribunal on February 8, 2016, appellant is ordered to file a report within seven (7) days from the date of this order, as to the status of the preparation of the record on appeal.
|
|
| Docket Date |
2016-02-22
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ THREE (3) VOLUMES
|
|
| Docket Date |
2016-02-08
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ RE: FINAL BILL FOR PREPARATION OF ROA
|
|
| Docket Date |
2016-02-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 60 DAYS TO 04/02/16
|
| On Behalf Of |
DAVID MAGUA
|
|
| Docket Date |
2015-12-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 60 DAYS TO 02/02/16
|
| On Behalf Of |
DAVID MAGUA
|
|
| Docket Date |
2015-10-05
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ AND JOHN R. CHILES, ESQ.
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2015-10-05
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-Discharging Show Cause ~ ORDERED that upon consideration of appellant's response filed September 30, 2015, this court's September 22, 2015 order to show cause is discharged; further,ORDERED that appellant's motion for extension of time contained in the response is granted, and appellant shall serve the initial brief within sixty (60) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2015-10-01
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 60 DAYS TO 11/30/15
|
| On Behalf Of |
DAVID MAGUA
|
|
| Docket Date |
2015-09-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause ~ *AND* MOTION FOR EXT. OF TIME
|
| On Behalf Of |
DAVID MAGUA
|
|
| Docket Date |
2015-09-24
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ AS CO-COUNSEL
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2015-09-22
|
| 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 October 2, 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 |
2015-07-16
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2015-07-16
|
| 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 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 |
2015-07-15
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
DAVID MAGUA
|
|
| Docket Date |
2015-07-15
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
KEITH ELLIOT and EVERLIDYS ELLIOT VS HSBC BANK USA, et al.
|
4D2015-2500
|
2015-06-26
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 11001693
|
Parties
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
EVERLIDYS ELLIOT
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
KEITH ELLIOT
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Thomas E. Ice, Amanda Lundergan
|
|
| Name |
HSBC BANK USA
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Alisa M. Taormina, Brian C. Frontino, Albert A. Zakarian
|
|
| Name |
JP MORGAN CHASE BANK
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
UNKNOWN SPOUSE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RIVIERA ISLES MASTER ASSOC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WASHINGTON MUTUAL BANK
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ALL OTHER PERSONS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
UNKNOWN HEIRS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. KATHLEEN D. IRELAND (DNU)
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-08-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORD-Reply Brief to be Served ~ ORDERED that appellants' August 1, 2016 unopposed motion for extension of time is granted, and appellants shall serve the reply brief within ten (10) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it will be subject to being stricken, or the court in its discretion may impose other sanctions. Appellants are advised that no further extensions will be granted absent a detailed explanation for why the reply 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 |
2016-08-01
|
| 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 |
KEITH ELLIOT
|
|
| 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 appellants' August 18, 2016 motion for appellate attorney's fees is denied.
|
|
| Docket Date |
2017-03-16
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2016-12-16
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
| Docket Date |
2016-11-07
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
| Docket Date |
2016-08-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2016-08-18
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
KEITH ELLIOT
|
|
| Docket Date |
2016-08-18
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ (RESPONSE FILED 8/29/16)
|
| On Behalf Of |
KEITH ELLIOT
|
|
| Docket Date |
2016-08-18
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
KEITH ELLIOT
|
|
| Docket Date |
2016-06-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellants' June 28, 2016 motion for extension of time is granted, and appellants shall serve the reply brief within thirty (30) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2016-06-28
|
| 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 |
KEITH ELLIOT
|
|
| Docket Date |
2016-06-10
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2016-05-19
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORD-Amended Order ~ ORDERED that this court's May 19, 2016 order is amended as follows: ORDERED that appellee's May 16, 2016 motion for extension of time is granted, and appellee shall serve the answer brief within ten (10) days from the current due date. 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 |
2016-05-16
|
| 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 |
HSBC BANK USA
|
|
| Docket Date |
2016-04-14
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 05/30/16
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2016-02-17
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 60 DAYS TO 04/29/16
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2016-01-26
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
Received Exhibits
|
|
| Docket Date |
2016-01-25
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
KEITH ELLIOT
|
|
| Docket Date |
2016-01-25
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ TO INITIAL BRIEF
|
| On Behalf Of |
KEITH ELLIOT
|
|
| Docket Date |
2016-01-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
KEITH ELLIOT
|
|
| Docket Date |
2016-01-14
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ SIX (6) VOLUMES
|
|
| Docket Date |
2016-01-13
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellants in the above-styled case are directed to show cause in writing, if any there be, on or before January 25, 2016, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellants' 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 |
2015-12-04
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 30 days to 01/04/19
|
| On Behalf Of |
KEITH ELLIOT
|
|
| Docket Date |
2015-11-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 12/04/15
|
| On Behalf Of |
KEITH ELLIOT
|
|
| Docket Date |
2015-11-03
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2015-10-01
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 11/4/15
|
| On Behalf Of |
KEITH ELLIOT
|
|
| Docket Date |
2015-08-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Record
|
| Description |
ORD-Grant EOT to Complete ROA ~ ORDERED that the clerk's August 19, 2015 motion 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 to the record is extended thirty (30) days from the date of this order. All other time frames are extended accordingly. See Fla. R. App. P. 9.300(b).
|
|
| Docket Date |
2015-08-19
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time for Record
|
| Description |
Motion Extension of Time To File Record
|
|
| Docket Date |
2015-07-07
|
| Type |
Order
|
| Subtype |
Order to Register/Update eDCA
|
| Description |
Counsel to register with eDCA ~ Be advised that Albert A. Zakarian 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.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 |
2015-06-30
|
| 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 |
2015-06-30
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2015-06-29
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
|
| Docket Date |
2015-06-26
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
KEITH ELLIOT
|
|
| Docket Date |
2015-06-26
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
GARY C. RICHARDS VS HSBC BANK USA AS TRUSTEE FOR PHH 2007-2
|
5D2015-1207
|
2015-04-13
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifth Judicial Circuit, Citrus County
2007-CA-5785
|
Parties
| Name |
GARY C. RICHARDS
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
KELLEY A. RICHARDS
|
|
| Name |
HSBC BANK USA
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Latasha Scott, RONALD R. WOLFE & ASSOC, JOHN R. CHILES
|
|
| Name |
Hon. Caroline Anne Falvey
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk Citrus
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-02-19
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD E-FILED
|
|
| Docket Date |
2016-02-19
|
| Type |
Mandate
|
| Subtype |
Notice Memorandum
|
| Description |
Notice Memorandum
|
|
| Docket Date |
2016-02-02
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2016-02-02
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ JT STIP
|
| On Behalf Of |
GARY C. RICHARDS
|
|
| Docket Date |
2016-02-02
|
| Type |
Order
|
| Subtype |
Order on Motion/Notice Voluntary Dismissal (non-dispositive)
|
| Description |
Order Granting Voluntary Dismissal ~ JOINT STIPULATION
|
|
| Docket Date |
2016-01-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Deny EOT for Answer Brief ~ AB DUE W/I 20 DYS.
|
|
| Docket Date |
2016-01-06
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extensio of time to file Answer Brief
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2015-12-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Grant EOT for Answer Brief ~ AB DUE 1/13/16. NO FURTHER EOT'S.
|
|
| Docket Date |
2015-12-08
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extensio of time to file Answer Brief
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2015-10-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Grant EOT for Answer Brief
|
|
| Docket Date |
2015-10-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extensio of time to file Answer Brief
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2015-09-29
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
GARY C. RICHARDS
|
|
| Docket Date |
2015-08-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Grant EOT for Initial Brief
|
|
| Docket Date |
2015-08-27
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
GARY C. RICHARDS
|
|
| Docket Date |
2015-07-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Grant EOT for Initial Brief
|
|
| Docket Date |
2015-07-24
|
| 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 |
GARY C. RICHARDS
|
|
| Docket Date |
2015-07-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Deny EOT for Initial Brief
|
|
| Docket Date |
2015-07-23
|
| 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 |
GARY C. RICHARDS
|
|
| Docket Date |
2015-07-14
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 4 VOL - EFILED *HYPER* (800 pages)
|
|
| Docket Date |
2015-06-03
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion ~ TO RESET MEDIATION
|
|
| Docket Date |
2015-05-28
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO RESET MEDIATION
|
| On Behalf Of |
GARY C. RICHARDS
|
|
| Docket Date |
2015-05-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO ORDER OF REF TO MED
|
| On Behalf Of |
GARY C. RICHARDS
|
|
| Docket Date |
2015-05-21
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ COURT SUA SPONTE DISPENSES W/MED;INIT BRF W/I 70DAYS;5/20AMENDED MOT IS MOOT
|
|
| Docket Date |
2015-05-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ FILE MOT FOR WAIVER OF MED FEES; SEE AMEND MOT
|
| On Behalf Of |
GARY C. RICHARDS
|
|
| Docket Date |
2015-05-11
|
| Type |
Order
|
| Subtype |
Order of Referral to Mediation
|
| Description |
ORD-Referral To Mediation
|
|
| Docket Date |
2015-04-23
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ MED Q
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2015-04-22
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2015-04-20
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ MED Q
|
| On Behalf Of |
GARY C. RICHARDS
|
|
| Docket Date |
2015-04-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2015-04-13
|
| Type |
Order
|
| Subtype |
Mediation Letter to LT
|
| Description |
Mediation Letter to L.T.
|
|
| Docket Date |
2015-04-13
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2015-04-13
|
| Type |
Mediation
|
| Subtype |
Other
|
| Description |
Mediation Packet
|
|
| Docket Date |
2015-04-13
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 4/7/15
|
| On Behalf Of |
GARY C. RICHARDS
|
|
|
|
DEBRA MCLUNE VS HSBC BANK USA, etc.
|
4D2014-3007
|
2014-08-11
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
09066504 CACE 11
|
Parties
| Name |
DEBRA MCLUNE
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Nicole Moskowitz, VANESSA JALEH BRAVO
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MELROSE PARK HOMEOWNERS ASSOC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HSBC BANK USA
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Donna L. Eng, Dean A. Morande, RONALD R. WOLFE & ASSOCIATES, Michael K. Winston, SHIRLEY SMALL, TRAVIS A HARVEY
|
|
| Name |
Hon. Jack B. Tuter
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2014-09-08
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2015-11-16
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Prevailing ~ ORDERED that appellee¿s August 19, 2015 motion for attorney's fees is granted, conditioned on the trial court determining that appellee is the prevailing party, and if so, setting the amount of the attorney's fees to be awarded for this appellate case; further,ORDERED that appellant's March 24, 2015 motion for award of attorney's fees and to tax costs on appeal is denied.
|
|
| Docket Date |
2015-11-04
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Granting Aplee's Motion to Dismiss ~ Appellant has failed to respond to this court's October 14, 2015 order requiring appellant to file either a notice of voluntary dismissal or a response indicating why the appeal should not be dismissed as moot. Accordingly, appellee's September 18, 2015 motion to dismiss is granted, and this appeal is dismissed as moot. GROSS, MAY and CONNER, JJ., concur.
|
|
| Docket Date |
2015-11-04
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2015-10-14
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ ORDERED that, within five (5) days from the date of this order, appellant shall file with this court either (1) a notice of voluntary dismissal or (2) a response to appellee's motion to dismiss explaining why the appeal is not moot.
|
|
| Docket Date |
2015-09-18
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ AS MOOT
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2015-08-19
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2015-08-19
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2015-07-17
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 8/19/15
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2015-06-18
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 07/20/15
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2015-05-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 06/19/15
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2015-05-12
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that the May 6, 2015 motion of Nicole Moskowitz, Esq., to withdraw as counsel is stricken for failure to comply with Florida Rule of Appellate Procedure 9.440(b).
|
|
| Docket Date |
2015-05-06
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel ~ (STRICKEN)
|
| On Behalf Of |
DEBRA MCLUNE
|
|
| Docket Date |
2015-04-17
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 05/20/15
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2015-03-30
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ DESIGNATION OF EMAIL ADDRESS
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2015-03-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2015-03-24
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
DEBRA MCLUNE
|
|
| Docket Date |
2015-03-24
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ TO INITIAL BRIEF
|
| On Behalf Of |
DEBRA MCLUNE
|
|
| Docket Date |
2015-03-24
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
|
| Docket Date |
2015-03-24
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
DEBRA MCLUNE
|
|
| Docket Date |
2015-01-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ **FINAL** ORDERED that appellant's motion filed January 15, 2015, for extension of time, is granted and appellant shall serve the initial brief within sixty (60) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. No further extensions will be permitted for this purpose.
|
|
| Docket Date |
2015-01-15
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ (GRANTED 1/23/15)
|
| On Behalf Of |
DEBRA MCLUNE
|
|
| Docket Date |
2014-12-17
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
Received Exhibits
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2014-12-16
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ TWO (2) VOLUMES
|
|
| Docket Date |
2014-10-21
|
| 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 unopposed motion filed October 15, 2014, for extension of time, is granted and appellant shall serve the initial brief on or before January 20, 2015. 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 |
2014-10-15
|
| 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 |
DEBRA MCLUNE
|
|
| 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 forty-five (45) 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 |
2014-08-19
|
| Type |
Order
|
| Subtype |
Order to Register/Update eDCA
|
| Description |
Counsel to register with eDCA ~ Be advised that Travis Harvey 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 |
2014-08-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2014-08-13
|
| 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 |
2014-08-11
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
DEBRA MCLUNE
|
|
| Docket Date |
2014-08-11
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
**DNU** order appealed
|
|
|
|
TRACY P. SANTANA AND FRED SANTANA VS HSBC BANK, USA
|
4D2013-3673
|
2013-10-08
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE10023498
|
Parties
| Name |
FRED SANTANA
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
TRACY P. SANTANA
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
HARVEY L. RUBINCHIK
|
|
| Name |
HSBC BANK USA
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Suzanne Y. Labrit
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2014-03-07
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed (No Record)
|
|
| Docket Date |
2014-02-07
|
| Type |
Order
|
| Subtype |
Order to Register/Update eDCA
|
| Description |
Counsel to register with eDCA ~ Be advised that Andrew E. Schwartz 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 |
2014-02-06
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2014-02-06
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the notice of voluntary dismissal filed herein this appeal is dismissed.
|
|
| Docket Date |
2014-01-28
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Motion For Voluntary Dismissal
|
| On Behalf Of |
TRACY P. SANTANA
|
|
| Docket Date |
2013-12-05
|
| 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 December 2, 2013, 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 Fla. R. App. P. 9.300(b).
|
|
| Docket Date |
2013-12-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time for Record
|
| Description |
Motion Extension of Time To Complete ROA
|
|
| Docket Date |
2013-11-08
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
**DNU** order appealed ~ ("NOTICE OF FILING")
|
|
| Docket Date |
2013-11-04
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ WITH ATTACHED COPY OF FINAL JUDGMENT DATED 8/22/13. PER CALL - ATTORNEY WILL BE FILING A CONFORMED COPY OF THE 9/4/13 ORDER.
|
| On Behalf Of |
TRACY P. SANTANA
|
|
| Docket Date |
2013-10-23
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this Court within ten (10) days from the date of the entry of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the notice of appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4DCA 1997). Failure of the attorney to pay will result in referral to the Florida Department of Banking and Finance for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2013-10-21
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2013-10-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2013-10-15
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Appellant to File Order Appealed-Civil ~ ORDERED that appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order being appealed. See Fla. R. App. P. 9.110(d). This copy must contain a legible stamp from the clerk of the lower tribunal, showing the date and time the order being appealed was filed in that office.
|
|
| Docket Date |
2013-10-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
TRACY P. SANTANA
|
|
| Docket Date |
2013-10-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
HSBC BANK USA, N.A. VS ROLANDO PEREZ AND LASALLE BANK, ETC.
|
4D2013-3193
|
2013-08-30
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE09002624
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE08059975
|
Parties
| Name |
HSBC BANK USA
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
ANGELA BARBOSA WILBORN, KHARI E. TAUSTIN, Jeremy W. Harris, MASIMBA MAXWELL MUTAMBA
|
|
| Name |
Rolando Perez
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
SUSAN CAPOTE, Cassandra Jeffries, JEFFREY WILLIAMS, JOSEPH D. WARGO, LUIS FERNANDEZ, IRVIN WAYNE NACHMAN, Tahirah R. Payne, AREEB NASEER, JILLIAN L. TEFFT, Jonathan C. Brown, MICHAEL A. COHEN (DNU), John A. Moore
|
|
| Name |
LASALLE BANK, N.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ESPERANZA MEDINA
|
| Role |
Appellee
|
| Status |
Dismissed
|
|
| Name |
US BANK, N.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JUAN G. GUERRA
|
| Role |
Appellee
|
| Status |
Dismissed
|
|
| Name |
Hon. Barry Stone
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-06-26
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2015-06-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Leave to File Reply
|
| Description |
Ord-Denying Leave to file Reply ~ ORDERED that the appellee's June 3, 2015 motion for leave to file reply or supplement in support of motion for rehearing is denied.
|
|
| Docket Date |
2015-06-09
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2015-06-03
|
| Type |
Motions Other
|
| Subtype |
Motion for Leave to File Reply
|
| Description |
Motion for leave to file reply ~ OR SUPP. IN SUPPORT OF MOTION FOR REHEARING
|
| On Behalf Of |
Rolando Perez
|
|
| Docket Date |
2015-06-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR REHEARING
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2015-05-20
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
Rolando Perez
|
|
| Docket Date |
2015-05-06
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion
|
|
| Docket Date |
2015-03-31
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set
|
|
| Docket Date |
2015-03-10
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
Ord-Leave to Appear Pro Hac Vice ~ ORDERED that the March 4, 2015 verified motion for permission to appear pro hac vice is granted, and Jeffrey N. Williams, Esquire, is permitted to appear in this appeal as counsel for appellee, U.S. Bank, National Association, etc.
|
|
| Docket Date |
2015-03-04
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Mot. to appear pro hac vice ~ FOR JEFFREY N. WILLIAMS
|
| On Behalf Of |
Rolando Perez
|
|
| Docket Date |
2015-01-12
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument for Tuesday, March 31, 2015, at 10:00 A.M., 10 minutes per side. The court calendars can be viewed on this court¿s website at HYPERLINK "http://www.4dca.org" www.4dca.org. Attorneys not registered with this court¿s eDCA, and pro se parties, are required to file a ¿Notice of Receipt of Oral Argument¿ within ten (10) days from the date of this order, acknowledging they have received this order.
|
|
| Docket Date |
2014-08-28
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ FOUR (4) VOLUMES
|
|
| Docket Date |
2014-08-15
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2014-07-18
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ Upon consideration of appellant's response to this Court's June 25, 2014 order to show cause why the appeal should not be dismissed for lack of prosecution in that the record on appeal has not been transferred to this Court, this Court's order to show cause is hereby discharged; further, ORDERED that the appellant is directed to provide a status report to this Court every thirty (30) days until the record on appeal has been filed.
|
|
| Docket Date |
2014-07-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause ~ (AMENDED)
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2014-07-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause ~ *OR, IN THE ALTERNATIVE* MOTION TO STAY (IN WHEREFORE CLAUSE)
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2014-06-25
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Record-on-Appeal ~ **DISCHARGED 7/18/14** 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 July 10, 2014, why the above-styled case should not be dismissed for lack of timely prosecution, in that the record-on-appeal has not been transferred to this Court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the record-on-appeal is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2014-05-08
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ AA Khari E. Taustin 0084741
|
|
| Docket Date |
2014-05-08
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2014-03-31
|
| Type |
Order
|
| Subtype |
Order to Register/Update eDCA
|
| Description |
Counsel to register with eDCA ~ Be advised that Michael A. Cohen, Cassandra Jeffries, Tahirah R. Payne, Irvin W. Nachman, Jillian L. Tefft and John A. Moore 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 |
2014-03-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant's motion filed March 20, 2014, for extension of time is granted, and appellant shall serve the reply brief on or before May 8, 2014. In addition, if the reply brief is served after the time provided for in this order said brief may be stricken.
|
|
| Docket Date |
2014-03-20
|
| 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 |
HSBC BANK USA
|
|
| Docket Date |
2014-03-05
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Rolando Perez
|
|
| Docket Date |
2014-02-14
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 14 DAYS TO 03/04/14
|
| On Behalf Of |
Rolando Perez
|
|
| Docket Date |
2014-01-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 02/18/14
|
| On Behalf Of |
Rolando Perez
|
|
| Docket Date |
2014-01-10
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-Withdraw as Counsel ~ The motion of N. Alejandra Arroyave, Esq., counsel for appellee, US Bank National Association as Trustee, as successor in interest to Bank of America, National Association, as successor by merger to LaSalle Bank, N.A., as Trustee for Washington Mutual Mortgage Pass-Through Certificates WMALT Series 2006-6 Trust to withdraw as counsel is granted, and the law firm of Lapin & Leichtling, LLP and N. Alejandra Arroyave, Esq., are hereby withdrawn from the above-styled appeal.
|
|
| Docket Date |
2014-01-08
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel ~ (RENEWED)
|
| On Behalf Of |
Rolando Perez
|
|
| Docket Date |
2013-12-31
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
Order Denying Withdraw as Counsel ~ ORDERED that motion of Nilda Alejandra Arroyave, Esquire to withdraw as counsel filed December 11, 2013, is hereby denied without prejudice for failure to comply with Florida Rule of Appellate Procedure 9.440(b).
|
|
| Docket Date |
2013-12-16
|
| 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 (U.S. Bank, as trustee, successor in interest to Bank of America, National Association, as successor by merger to LaSalle, N.A.) motion filed December 10, 2013, for extension of time is granted, and appellee shall serve the answer brief on or before January 17, 2014. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2013-12-11
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
Rolando Perez
|
|
| Docket Date |
2013-12-10
|
| 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 |
Rolando Perez
|
|
| Docket Date |
2013-11-20
|
| 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 (U.S. Bank National Association as Trustee, as successor in interest to Bank of America, National Association, as successor by merger to LaSalle Bank, N.A., as Trustee for Washington Mutual Mortgage Pass-Through Certificates WMALT Series 2006-6 Trust) motion filed November 18, 2013, for extension of time is granted, and appellee shall serve the answer brief on or before December 18, 2013. 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 |
2013-11-18
|
| 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 |
Rolando Perez
|
|
| Docket Date |
2013-11-18
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Rolando Perez
|
|
| Docket Date |
2013-10-30
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ TO INITIAL BRIEF
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2013-10-29
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2013-10-17
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ ORDERED that Juan G. Guerra and Esperanza Medina's motion filed September 24, 2013, to remove themselves as parties to this appeal is hereby granted.
|
|
| Docket Date |
2013-09-24
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Motion For Deletion of Parties ~ (GRANTED 10/17/13)
|
| On Behalf Of |
Rolando Perez
|
|
| Docket Date |
2013-09-17
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ AND JOSEPH D. WARGO
|
| On Behalf Of |
Rolando Perez
|
|
| Docket Date |
2013-09-11
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this Court within ten (10) days from the date of the entry of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the notice of appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4DCA 1997). Failure of the attorney to pay will result in referral to the Florida Department of Banking and Finance for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2013-09-11
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2013-08-30
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2013-08-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
SAINTALISE DORZILME VS HSBC BANK USA, etc.
|
4D2013-3046
|
2013-08-15
|
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
502008CA031926
|
Parties
| Name |
SAINTALISE DORZILME
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
HSBC BANK USA
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Shapiro Fishman & Gache, L.L.P, KIMBERLY N. HOPKINS, Scott A. Stoloff
|
|
| Name |
Hon. Edward A. Garrison
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2013-11-05
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed (No Record)
|
|
| Docket Date |
2013-09-27
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2013-09-27
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed as Untimely ~ ORDERED sua sponte, the above-styled appeal is hereby dismissed as untimely; further, ORDERED that appellee's motion filed September 23, 2013, to dismiss appeal is hereby determined to be moot.
|
|
| Docket Date |
2013-09-23
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ (MOOT - SEE 9/27/13 ORDER)
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2013-08-21
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2013-08-21
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
ORD-For Untimely Filing of Notice of Appeal-LT ~ The Court has received the Notice of Appeal in the above-styled case and finds, from the face of the Notice, that the appeal appears to be untimely filed. The Notice was filed in the Lower Tribunal on August 15, 2013, and the Notice reflects June 15, 2013, as the date of the order being appealed.ORDERED, the appellant is directed to file within fifteen (15) days from the date of this order, a copy of the order(s) being appealed and any subsequent orders which tolled the time for the filing of the Notice of Appeal. ORDERED that failure to comply with this order will result in the sua sponte dismissal of the above-styled case as being an untimely appeal.
|
|
| Docket Date |
2013-08-15
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
| Docket Date |
2013-08-15
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
SAINTALISE DORZILME
|
|
|
|
PETER GORCHOFF AND MEGAN GORCHOFF VS HSBC BANK USA
|
4D2013-2331
|
2013-06-27
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
12021142
|
Parties
| Name |
PETER GORCHOFF
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Bryce J. Gilbert
|
|
| Name |
MEGAN GORCHOFF
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
HSBC BANK USA
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Chase E. Jenkins
|
|
| Name |
HON. PETER WEINSTEIN (DNU)
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2014-01-30
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Sent to Collection - Resolved
|
|
| Docket Date |
2014-01-29
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous (DNU) ~ filing fee check forwarded to MSB collections agency
|
|
| Docket Date |
2013-09-23
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed (No Record)
|
|
| Docket Date |
2013-08-14
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2013-08-14
|
| 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.
|
|
| Docket Date |
2013-07-02
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2013-07-02
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this Court within ten (10) days from the date of the entry of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the notice of appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4DCA 1997). Failure of the attorney to pay will result in referral to the Florida Department of Banking and Finance for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2013-06-27
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
PETER GORCHOFF
|
|
| Docket Date |
2013-06-27
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
RV:Receipt Voided
|
|
|
|
GEORGE WALTERS VS HSBC BANK USA, etc., et al.
|
4D2013-0182
|
2013-01-16
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
08-3580 CACE
|
Parties
| Name |
GEORGE WALTERS
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
VENOL ADAMS
|
|
| Name |
FORCLOSURE
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
HSBC BANK USA
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
MARIBEL DIAZ
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2013-06-10
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed (No Record)
|
|
| Docket Date |
2013-05-03
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2013-05-03
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissal ~ ORDERED sua sponte, the above-styled appeal is hereby dismissed.
|
|
| Docket Date |
2013-04-03
|
| Type |
Order
|
| Subtype |
Show Cause re Compliance with Prior Order
|
| Description |
Order to Show Cause-Appeal Dismissal
|
|
| Docket Date |
2013-02-13
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
**DNU** order appealed ~ "CERTIFICATE OF FILING"
|
|
| Docket Date |
2013-01-22
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal
|
|
| Docket Date |
2013-01-18
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2013-01-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
GEORGE WALTERS
|
|
| Docket Date |
2013-01-16
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
MARIA DEL PILAR GRETO and MICHAEL J. GRETO VS HSBC BANK USA, NATIONAL ASSOC., etc., et al.
|
4D2012-4415
|
2012-12-07
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Indian River County
312009CA011437
|
Parties
| Name |
MARIA DEL PILAR GRETO
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
RICHARD SHUSTER, Purvi Patel
|
|
| Name |
MICHAEL J. GRETO
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FORCLOSURE
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
TENANT #2
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TENANT #4
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TENANT #1
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TENANT #3
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LUMINENT MORTGAGE TRUST
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HSBC BANK USA
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Dean A. Morande, Michael K. Winston, RONALD R. WOLFE, Donna L. Eng
|
|
| Name |
HON. JAMES W. MIDELIS
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Indian River
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2014-04-14
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records
|
|
| Docket Date |
2014-03-07
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Ready to Close
|
|
| Docket Date |
2014-02-28
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2014-02-28
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2014-02-06
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that the appellees' motion for attorney's fees filed July 24, 2013, is granted. On remand the trial court shall set the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection therewith, including but not limited to preparation of a responsive pleading, shall be taken into account in computing the amount of the fee; further, ORDERED that appellants' motion filed March 21, 2013, for attorney's fees and costs is hereby denied.
|
|
| Docket Date |
2014-02-06
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2013-10-28
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
MARIA DEL PILAR GRETO
|
|
| Docket Date |
2013-10-22
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
| Docket Date |
2013-09-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellants' motion filed September 13, 2013, for extension of time is granted, and appellants shall serve the reply brief within thirty (30) days from the date of the entry of this order. In addition, if the reply brief is served after the time provided for in this order said brief may be stricken.
|
|
| Docket Date |
2013-09-13
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ (GRANTED 9/27/13)
|
| On Behalf Of |
MARIA DEL PILAR GRETO
|
|
| Docket Date |
2013-08-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellants' motion filed August 13, 2013, for extension of time is granted, and appellants shall serve the reply brief within thirty (30) days from the date of the entry of this order. In addition, if the reply brief is served after the time provided for in this order said brief may be stricken.
|
|
| Docket Date |
2013-08-13
|
| 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 |
MARIA DEL PILAR GRETO
|
|
| Docket Date |
2013-07-24
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ ***PENDING MOTION***
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2013-07-24
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2013-06-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ 30 DAYS. (HSBC Bank)
|
|
| Docket Date |
2013-06-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR EXT. OF TIME
|
|
| Docket Date |
2013-06-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ (GRANTED 6/26/13)
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2013-05-17
|
| 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 (HSBC Bank) motion filed April 29, 2013, for extension of time is granted, and appellee shall serve the answer brief within thirty (30) days from the date of the entry of this order. 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 |
2013-04-29
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2013-03-29
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 4/29/13
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2013-03-21
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ DENIED; SEE 2-6-14 ORDER
|
| On Behalf Of |
MARIA DEL PILAR GRETO
|
|
| Docket Date |
2013-03-21
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ AA Purvi Patel 0059394
|
|
| Docket Date |
2013-03-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLANT'S MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2013-03-08
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ (4) TO INITIAL BRIEF
|
| On Behalf Of |
MARIA DEL PILAR GRETO
|
|
| Docket Date |
2013-03-08
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ (4)
|
| On Behalf Of |
MARIA DEL PILAR GRETO
|
|
| Docket Date |
2013-02-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ TO 03/04/13
|
|
| Docket Date |
2013-02-14
|
| 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 DEL PILAR GRETO
|
|
| Docket Date |
2013-01-29
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Order Denying Emergency Motion to Stay
|
|
| Docket Date |
2013-01-28
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Emergency Motion To Stay ~ WITH ATTACHMENTS
|
| On Behalf Of |
MARIA DEL PILAR GRETO
|
|
| Docket Date |
2013-01-22
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ THREE (3) VOLUMES (NO CD REQUIRED)
|
|
| Docket Date |
2013-01-14
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ AND MICHAEL K. WINSTON
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2013-01-09
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement ~ AA Richard Shuster
|
|
| Docket Date |
2012-12-26
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ CURRENT SERVICE LIST
|
| On Behalf Of |
MARIA DEL PILAR GRETO
|
|
| Docket Date |
2012-12-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2012-12-17
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Order Requiring Amended Certificate Service
|
|
| Docket Date |
2012-12-07
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
MARIA DEL PILAR GRETO
|
|
| Docket Date |
2012-12-07
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
NORMAN SCOTT and JACQUELINE SCOTT VS HSBC BANK USA, etc.
|
4D2012-3699
|
2012-10-16
|
Closed
|
|
| 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
502007CA016688XXXXMB
|
Parties
| Name |
FORCLOSURE
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
JACQUELINE SCOTT
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
NORMAN SCOTT
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
HSBC BANK USA
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Franklin G. Cosmen, Jr., Jeremy W. Harris, KHARI E. TAUSTIN, Lars Olgerts Bodnieks, ERIN R. PRETE
|
|
| Name |
FIELDSTONE MORTGAGE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. ROBERT B. CARNEY
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2012-12-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ *AMENDED* TO MOTION TO STRIKE
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2012-12-11
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ "DISMISS" INITIAL BRIEF AND TO DENY APLNT'S MOTION FOR DEFAULT
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2012-12-06
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ AE'S REQUEST FOR EXTENSION
|
| On Behalf Of |
NORMAN SCOTT
|
|
| Docket Date |
2013-07-26
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed (No Record)
|
|
| Docket Date |
2013-07-12
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2013-06-24
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2013-06-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that appellants' motion filed June 13, 2013, for rehearing is hereby denied.
|
|
| Docket Date |
2013-06-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR REHEARING
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2013-06-13
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ (DENIED 6/24/13)
|
| On Behalf Of |
NORMAN SCOTT
|
|
| Docket Date |
2013-06-05
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Citation
|
|
| Docket Date |
2013-05-17
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ PER 5/8 ORDER
|
| On Behalf Of |
NORMAN SCOTT
|
|
| Docket Date |
2013-05-17
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
NORMAN SCOTT
|
|
| Docket Date |
2013-05-08
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that Appellants shall file an appendix containing such portions of the record deemed necessary to understand the issues presented in this non-final appeal as required by Florida Rule of Appellate Procedure 9.130(e). Appellants shall have ten (10) days to fiIe the appendix.
|
|
| Docket Date |
2013-02-13
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ (1) TO ANSWER BRIEF.
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2013-02-13
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ (4)
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2013-01-15
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Deny Motion to Strike ~ APPELLEE'S REQUEST FOR EOT; AS MOOT.
|
|
| Docket Date |
2012-12-18
|
| Type |
Motions Other
|
| Subtype |
Motion to Withdraw Filing
|
| Description |
Motion To Withdraw Pleadings ~ (M) (MOTION FOR EXT. OF TIME (*AND* RESPONSE TO MOTION TO STRIKE)
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2012-12-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ (M) TO MOTION TO STRIKE MOTION FOR EXT. (*AND* MOT/WITHDRAW MOTION FOR EXT.)
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2012-12-05
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ T-
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2012-12-05
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ AND KHARI E. TAUSTIN
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2012-12-03
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ FOR DEFAULT T -
|
| On Behalf Of |
NORMAN SCOTT
|
|
| Docket Date |
2012-12-03
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ T-
|
| On Behalf Of |
HSBC BANK USA
|
|
| Docket Date |
2012-10-29
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Appellant's Initial Brief w/Appendix ~ (3)
|
| On Behalf Of |
NORMAN SCOTT
|
|
| Docket Date |
2012-10-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2012-10-16
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
**DNU** order appealed
|
|
| Docket Date |
2012-10-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
NORMAN SCOTT
|
|
|
