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TRUIST BANK, successor by merger to SUNTRUST BANK, Appellant(s) v. FRANKLIN O. DIAZ and LOYDA M. BRITO-DIAZ, Appellee(s).
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4D2024-3228
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2024-12-16
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Open
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| Classification |
NOA Non Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502012CA021254XXX
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Parties
| Name |
TRUIST BANK
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| Role |
Appellant
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| Status |
Active
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| Representations |
Robert J Lindeman, Ralph Sam Marcadis, Gilbert Michael Singer, Amy Jill Winarsky, Jonathan Philip Hempfling
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|
| Name |
SUNTRUST BANK
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| Role |
Appellant
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| Status |
Active
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|
| Name |
Franklin O. Diaz
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| Role |
Appellee
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| Status |
Active
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|
| Name |
Loyda M. Brito-Diaz
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| Role |
Appellee
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| Status |
Active
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|
| Name |
Hon. Maxine D Cheesman
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
Palm Beach Clerk
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2025-01-03
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| Type |
Miscellaneous Document
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| Subtype |
Pay Case Filing Fee-300
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| Description |
Pay Case Filing Fee-300
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| On Behalf Of |
Truist Bank
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| View |
View File
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| Docket Date |
2024-12-31
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
Pursuant to the notice of voluntary dismissal filed herein, this appeal is dismissed.
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| View |
View File
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| Docket Date |
2024-12-30
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| Type |
Motions Other
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| Subtype |
Motion/Notice Voluntary Dismissal
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| Description |
Motion/Notice Voluntary Dismissal
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| Docket Date |
2024-12-30
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2024), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY. ORDERED that Appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal - see the court's website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection. **NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
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| View |
View File
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| Docket Date |
2024-12-17
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| View |
View File
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| Docket Date |
2024-12-17
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal
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Timothy A. Barber, Appellant(s), v. Truist Bank, Sarah E. Jewell Barber a/k/a Sarah E. Jewell-Barber and Charles A. Mullins, Jr., Appellee(s).
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5D2024-3193
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2024-11-20
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Closed
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| Classification |
NOA Final - Circuit Civil - Other
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| Court |
5th District Court of Appeal
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| Originating Court |
Circuit Court for the Fifth Judicial Circuit, Lake County
35-2022-CA-1696
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Parties
| Name |
Timothy A. Barber
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| Role |
Appellant
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| Status |
Active
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| Name |
TRUIST BANK
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| Role |
Appellee
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| Status |
Active
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| Representations |
Gavin MacMillan, Tricia Julie Duthiers
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|
| Name |
Sarah E. Jewell-Barber
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| Role |
Appellee
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| Status |
Active
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|
| Name |
Charles A. Mullins, Jr.
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| Role |
Appellee
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| Status |
Active
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|
| Name |
Hon. James R. Baxley
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
Lake Clerk
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2024-11-20
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
Order to pay Filing Fee
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| View |
View File
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| Docket Date |
2024-11-20
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| View |
View File
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| Docket Date |
2024-11-20
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| Type |
Misc. Events
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| Subtype |
Order Appealed
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| Description |
Order Appealed
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| Docket Date |
2024-11-20
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
FILED BELOW: 11/07/2024
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| Docket Date |
2025-01-06
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| Type |
Mandate
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| Subtype |
Disp. w/o Mandate
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| Description |
Disp. w/o Mandate
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| Docket Date |
2024-12-17
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
APPEAL DISMISSED FAILURE TO PAY FILING FEE
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| View |
View File
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| Docket Date |
2024-12-04
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
Truist Bank
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NADINE E. SIMMONS, Appellant(s) v. TRUIST BANK, et al., Appellee(s).
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4D2024-2615
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2024-10-14
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Closed
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| Classification |
NOA Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502024CA006712
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Parties
| Name |
Nadine E. Simmons
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| Role |
Appellant
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| Status |
Active
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| Name |
TRUIST BANK
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| Role |
Appellee
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| Status |
Active
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| Representations |
Jay Barry Verona
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| Name |
ATLANTIS PHARMACY RX LLC
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| Role |
Appellee
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| Status |
Active
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| Name |
Damien D. Simmons
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| Role |
Appellee
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| Status |
Active
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| Name |
Palm Beach Clerk
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2024-11-04
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| Type |
Misc. Events
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| Subtype |
Miscellaneous Trial Court Document
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| Description |
Default
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| On Behalf Of |
Nadine E. Simmons
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| Docket Date |
2024-11-04
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| Type |
Miscellaneous Document
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| Subtype |
Pay Case Filing Fee-300
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| Description |
Paid Case Filing Fee-300
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| View |
View File
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| Docket Date |
2024-10-14
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| View |
View File
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| Docket Date |
2024-10-14
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| Type |
Order
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| Subtype |
Amended/Additional Filing(s) Needed
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| Description |
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.
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| View |
View File
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| Docket Date |
2024-10-14
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal
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| Docket Date |
2024-11-26
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
ORDERED that the above-styled appeal is dismissed for lack of subject matter jurisdiction. See Fascetti v. Fascetti, 795 So. 2d 1094, 1095 (Fla. 4th DCA 2001) (holding that clerk's defaults are not independently appealable).
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| View |
View File
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| Docket Date |
2024-11-05
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| Type |
Order
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| Subtype |
Order to File Response re Jurisdiction
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| Description |
ORDERED that, within ten (10) days from the date of this order, Appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the September 27, 2024 default is a final or nonfinal appealable order, as it is merely enters a clerk's default and does not appear to be a default judgment. See Fascetti v. Fascetti, 795 So. 2d 1094, 1095 (Fla. 4th DCA 2001) (holding that clerk's defaults are not independently appealable). Further, Appellees may file a response within ten (10) days of service of that statement.
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| View |
View File
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| Docket Date |
2024-10-23
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2024), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY. ORDERED, Appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of the entry of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal - see the court's website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. If Appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, Appellant shall file a copy of that order in this court. If Appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, Appellant shall complete the enclosed application and mail to the clerk of the lower tribunal within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The clerk of the lower tribunal shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of Appellant to comply with this order will result in the dismissal of this appeal. **NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
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| View |
View File
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Timothy A. Barber and Sarah E. Jewell-Barber a/k/a Sarah E. Jewell Barber, Appellant(s), v. Truist Bank and Charles A. Mullins, Jr., Appellee(s).
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5D2024-2272
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2024-08-16
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Closed
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| Classification |
NOA Final - County Civil - Foreclosure/RealProperty/Mortgage
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| Court |
5th District Court of Appeal
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| Originating Court |
Circuit Court for the Fifth Judicial Circuit, Lake County
2022-CA-001696-A
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Parties
| Name |
Timothy A. Barber
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| Role |
Appellant
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| Status |
Active
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|
| Name |
Sarah E. Jewell-Barber
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| Role |
Appellant
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| Status |
Active
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| Name |
TRUIST BANK
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| Role |
Appellee
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| Status |
Active
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| Representations |
Julie York, Tricia Julie Duthiers
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|
| Name |
Charles A. Mullins, Jr.
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| Role |
Appellee
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| Status |
Active
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|
| Name |
Hon. James R. Baxley
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
Lake Clerk
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2024-10-08
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| Type |
Mandate
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| Subtype |
Disp. w/o Mandate
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| Description |
Disp. w/o Mandate
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| Docket Date |
2024-09-27
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
Truist Bank
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| Docket Date |
2024-09-18
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
APPEAL DISMISSED FAILURE TO PAY FILING FEE
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| View |
View File
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| Docket Date |
2024-08-16
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
Order on Filing Fee
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| View |
View File
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| Docket Date |
2024-08-16
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| View |
View File
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| Docket Date |
2024-08-16
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| Type |
Misc. Events
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| Subtype |
Order Appealed
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| Description |
Order Appealed - Writ of Possession
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|
| Docket Date |
2024-08-16
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal - Filed Below 8/15/2024
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| On Behalf Of |
Timothy A. Barber
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Bridget Jackman, Appellant(s) v. Truist Bank, Successor by Merger to Suntrust Bank, Appellee(s).
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2D2024-1858
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2024-08-09
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Open
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| Classification |
NOA Final - County Civil - Other
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| Court |
2nd District Court of Appeal
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| Originating Court |
County Court for the Twelfth Judicial Circuit, Sarasota County
2023 CC 004471 SC
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Parties
| Name |
Bridget Jackman
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| Role |
Appellant
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| Status |
Active
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| Representations |
Keiron Jackman
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| Name |
TRUIST BANK
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| Role |
Appellee
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| Status |
Active
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| Representations |
Amy Jill Winarsky
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|
| Name |
Hon. Shannon Geneva Hankin
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
Sarasota Clerk
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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|
| Name |
SUNTRUST BANK
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| Role |
Appellee
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| Status |
Active
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Docket Entries
| Docket Date |
2024-11-14
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| Type |
Motions Other
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| Subtype |
Motion To Relinquish Jurisdiction
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| Description |
Motion To Relinquish Jurisdiction
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| On Behalf Of |
Bridget Jackman
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| Docket Date |
2024-11-01
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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| Description |
Appellant's motion for extension of time is granted, and the initial brief shall be served within 35 days from the date of this order.
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| View |
View File
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| Docket Date |
2024-10-15
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Initial Brief
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| Description |
Motion for Extension of Time to Serve Initial Brief
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| On Behalf Of |
Bridget Jackman
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| Docket Date |
2024-10-15
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
Bridget Jackman
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| Docket Date |
2024-10-15
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| Type |
Record
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| Subtype |
Record on Appeal Redacted
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| Description |
162 PAGES
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| Docket Date |
2024-10-01
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| Type |
Misc. Events
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| Subtype |
Status Report
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| Description |
Status Report
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| On Behalf Of |
Sarasota Clerk
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| Docket Date |
2024-09-04
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| Type |
Event
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| Subtype |
Fee Satisfied
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| Description |
Fee Satisfied
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| Docket Date |
2024-08-09
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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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| Docket Date |
2024-08-09
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| View |
View File
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| Docket Date |
2024-08-09
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
W/ORDER
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| On Behalf Of |
Bridget Jackman
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| Docket Date |
2024-12-09
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Initial Brief
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| Description |
Motion for Extension of Time to Serve Initial Brief
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| On Behalf Of |
Bridget Jackman
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