KIMBERLY COOK AND PRESTON COOK VS U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE RMAC TRUST, SERIES 2016-CTT, UNIVERSITY ESTATES PROPERTY OWNERS ASSOCIATION, INC. AND HSBC MORTGAGE SERVICES, INC.
|
5D2020-0995
|
2020-04-15
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
5th District Court of Appeal
|
Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County
2018-CA-0821-O
|
Parties
Name |
Preston Cook
|
Role |
Appellant
|
Status |
Active
|
|
Name |
Kimberly Cook
|
Role |
Appellant
|
Status |
Active
|
|
Name |
U.S. BANK NATIONAL ASSOCIATION NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR THE RMAC TRUST SERIES 2016-CTT
|
Role |
Appellee
|
Status |
Active
|
Representations |
Yusuf Haidermota, Candace Solis, Richard Slaughter McIver
|
|
Name |
UNIVERSITY ESTATES PROPERTY OWNERS ASSOCIATION, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
HSBC MORTGAGE SERVICES INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Lisa T. Munyon
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Orange Cty Circuit Ct Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2021-07-12
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2021-07-12
|
Type |
Record
|
Subtype |
Returned Records
|
Description |
Returned Records ~ NO RECORD E-FILED
|
|
Docket Date |
2021-06-18
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing
|
Description |
Order Deny Rehearing ~ RECONSIDERATION AND WRITTEN OPINION; REHEAR EN BANC STRICKEN...
|
|
Docket Date |
2021-06-15
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ TO MOT FOR REHEARING, ETC.
|
On Behalf Of |
U.S. BANK NATIONAL ASSOCIATION NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR THE RMAC TRUST SERIES 2016-CTT
|
|
Docket Date |
2021-06-09
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion for Rehearing / Rehearing En Banc ~ AND MOTION FOR WRITTEN DECISION
|
On Behalf Of |
Kimberly Cook
|
|
Docket Date |
2021-06-01
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed ~ PCA
|
|
Docket Date |
2021-06-01
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Order Granting Attorney's Fees
|
|
Docket Date |
2021-03-05
|
Type |
Notice
|
Subtype |
Notice of Change of Address
|
Description |
Notice of Change of Address
|
On Behalf Of |
Kimberly Cook
|
|
Docket Date |
2021-02-01
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
Kimberly Cook
|
|
Docket Date |
2021-01-12
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
Description |
Order Grant EOT Reply Brief ~ 2/1
|
|
Docket Date |
2021-01-08
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ TO MOTION TO ATTY FEES - FOR MERIT PANEL CONSIDERATION
|
On Behalf Of |
Kimberly Cook
|
|
Docket Date |
2020-12-30
|
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 |
Kimberly Cook
|
|
Docket Date |
2020-12-29
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Order Grant EOT ~ 1/11
|
|
Docket Date |
2020-12-11
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response ~ TO MOT FOR ATTY FEES
|
On Behalf Of |
Kimberly Cook
|
|
Docket Date |
2020-12-04
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ FOR MERIT PANEL CONSIDERATION; GRANTED PER 6/1 ORDER
|
On Behalf Of |
U.S. BANK NATIONAL ASSOCIATION NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR THE RMAC TRUST SERIES 2016-CTT
|
|
Docket Date |
2020-12-04
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
U.S. BANK NATIONAL ASSOCIATION NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR THE RMAC TRUST SERIES 2016-CTT
|
|
Docket Date |
2020-11-05
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Kimberly Cook
|
|
Docket Date |
2020-09-25
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Grant EOT for Initial Brief ~ 11/9
|
|
Docket Date |
2020-09-11
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
|
On Behalf Of |
Kimberly Cook
|
|
Docket Date |
2020-08-20
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 296 PAGES
|
On Behalf Of |
Orange Cty Circuit Ct Clerk
|
|
Docket Date |
2020-07-10
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report ~ PER 6/24 ORDER
|
On Behalf Of |
U.S. BANK NATIONAL ASSOCIATION NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR THE RMAC TRUST SERIES 2016-CTT
|
|
Docket Date |
2020-07-10
|
Type |
Order
|
Subtype |
Order
|
Description |
ORD - Appeal to Proceed ~ APPELLATE DEADLINES COMMENCE
|
|
Docket Date |
2020-06-24
|
Type |
Order
|
Subtype |
Order on Motion to Relinquish Jurisdiction
|
Description |
ORD-Granting Relinquishment of Jurisdiction ~ TO LT UNTIL 7/23
|
|
Docket Date |
2020-05-04
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
CASE FILING FEE PAID THROUGH PORTAL
|
On Behalf Of |
Kimberly Cook
|
|
Docket Date |
2020-04-20
|
Type |
Motions Other
|
Subtype |
Motion To Relinquish Jurisdiction
|
Description |
Motion To Relinquish Jurisdiction
|
On Behalf Of |
U.S. BANK NATIONAL ASSOCIATION NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR THE RMAC TRUST SERIES 2016-CTT
|
|
Docket Date |
2020-04-17
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Order to pay filing fee - Civil appeal (300)
|
|
Docket Date |
2020-04-17
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgement Letter 1
|
|
Docket Date |
2020-04-17
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
U.S. BANK NATIONAL ASSOCIATION NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR THE RMAC TRUST SERIES 2016-CTT
|
|
Docket Date |
2020-04-15
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2020-04-15
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ FILED BELOW 04/09/20
|
On Behalf Of |
Kimberly Cook
|
|
|
ARLENE GHENT A/K/A ARLENE R. GHENT, ET AL. VS HSBC MORTGAGE SERVICES INC.
|
SC2019-0023
|
2019-01-03
|
Closed
|
|
Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
Court |
Supreme Court of Florida
|
Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
4D17-2187
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562013CA001095H2XXXX
|
Parties
Name |
Arlene Ghent
|
Role |
Petitioner
|
Status |
Active
|
Representations |
Peter Ticktin, Kendrick Almaguer
|
|
Name |
David M. Henry
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
HSBC MORTGAGE SERVICES INC.
|
Role |
Respondent
|
Status |
Active
|
Representations |
Mr. David Rosenberg
|
|
Name |
Hon. Robert E. Belanger
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Hon. Michelle Miller
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2021-05-28
|
Type |
Disposition
|
Subtype |
Rev Gr Merits (Quash & Remand) (Tag)
|
Description |
DISP-REV GR MERITS (QUASH & REMAND) (TAG) ~ Upon review of the response to this Court's Order to Show Cause dated January 25, 2021, and the reply, the Court has determined that it should exercise jurisdiction in this case. It is ordered that the Petition for Review is granted, that the Fourth District Court of Appeal's decision in this case is quashed, and this matter is remanded to the district court for reconsideration in light of our decision in Page v. Deutsche Bank Trust Company Americas, 308 So. 3d 953 (Fla. 2020).No motion for rehearing will be entertained by the Court.
|
|
Docket Date |
2021-05-28
|
Type |
Order
|
Subtype |
Jurisdiction Accepted
|
Description |
JURISDICTION ACCEPTED
|
|
Docket Date |
2021-02-16
|
Type |
Response
|
Subtype |
Reply to Response
|
Description |
REPLY TO RESPONSE ~ Reply to Respondent's Response to Order to Show Cause
|
On Behalf Of |
Arlene Ghent
|
View |
View File
|
|
Docket Date |
2021-02-09
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ Respondent's Response to This Court's January 25, 2021 Order to Show Cause
|
On Behalf Of |
HSBC Mortgage Services Inc.
|
View |
View File
|
|
Docket Date |
2021-01-25
|
Type |
Order
|
Subtype |
Show Cause (Tag-Reverse/Quash)
|
Description |
ORDER-SHOW CAUSE (TAG-REVERSE/QUASH) ~ Respondent is hereby directed to show cause on or before February 9, 2021, why this Court should not accept jurisdiction in this case, summarily quash the decision being reviewed, and remand to the district court for reconsideration in light of our decision in Page v. Deutsche Bank Trust Company Americas, No. SC19-1137, 2020 WL 7778183 (Fla. Dec. 31, 2020). Petitioner may file a reply on or before February 19, 2021.
|
|
Docket Date |
2019-11-26
|
Type |
Order
|
Subtype |
Stay Proceedings FSC (Tag Case)
|
Description |
ORDER-STAY PROCEEDINGS FSC (TAG CASE) ~ The proceedings in this Court in the above case are hereby stayed pending disposition of Terri P. Page v. Deutsche Bank Trust Company Americas, etc., et al., Case No. SC19-1137, which is pending in this Court.
|
|
Docket Date |
2019-05-16
|
Type |
Notice
|
Subtype |
Appearance
|
Description |
NOTICE-APPEARANCE
|
On Behalf Of |
HSBC Mortgage Services Inc.
|
View |
View File
|
|
Docket Date |
2019-05-16
|
Type |
Response
|
Subtype |
Reply to Response
|
Description |
REPLY TO RESPONSE
|
On Behalf Of |
HSBC Mortgage Services Inc.
|
View |
View File
|
|
Docket Date |
2019-05-06
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE
|
On Behalf Of |
Arlene Ghent
|
View |
View File
|
|
Docket Date |
2019-04-18
|
Type |
Order
|
Subtype |
Show Cause (Tag-Decline Juris)
|
Description |
ORDER-SHOW CAUSE (TAG-DECLINE JURIS) ~ Petitioner shall show cause on or before May 6, 2019, why in light of this Court's decision to discharge jurisdiction in Marie Ann Glass v. Nationstar Mortgage, LLC, etc., et al., No. SC17-1387 (Fla. April 18, 2019), this Court should not decline to accept jurisdiction in this case. Respondent may file a reply on or before May 16, 2019.
|
|
Docket Date |
2019-01-30
|
Type |
Order
|
Subtype |
Stay Proceedings FSC
|
Description |
ORDER-STAY PROCEEDINGS FSC GR ~ Petitioner's motion to stay proceedings is hereby granted and the proceedings in this Court are hereby stayed pending the disposition of Marie Ann Glass v. Nationstar Mortgage, LLC, etc., et al., Case No. SC17-1387, which is pending in this Court.
|
|
Docket Date |
2019-01-29
|
Type |
Motion
|
Subtype |
Stay (FSC Proceedings)
|
Description |
MOTION-STAY (FSC PROCEEDINGS) ~ Filed as MOTION TO STAY **Withdrawn on 1/29/19.**
|
On Behalf Of |
Arlene Ghent
|
View |
View File
|
|
Docket Date |
2019-01-29
|
Type |
Notice
|
Subtype |
Withdrawal
|
Description |
NOTICE-WITHDRAWAL ~ Filed as NOTICE OF WITHDRAWAL OF MOTION TO STAY
|
On Behalf Of |
Arlene Ghent
|
View |
View File
|
|
Docket Date |
2019-01-23
|
Type |
Event
|
Subtype |
Fee Paid Through Portal
|
Description |
Fee Paid Through Portal
|
|
Docket Date |
2019-01-23
|
Type |
Miscellaneous Document
|
Subtype |
Pay Case Filing Fee-300
|
Description |
PAY CASE FILING FEE-300
|
On Behalf Of |
Arlene Ghent
|
View |
View File
|
|
Docket Date |
2019-01-23
|
Type |
Order
|
Subtype |
Filing Fee Due
|
Description |
ORDER-FILING FEE DUE ~ The jurisdiction of this Court was invoked by the filing of a Notice to Invoke Discretionary Jurisdiction in the lower tribunal; however, said notice was not accompanied by the $300.00 filing fee or an order of insolvency from the district court of appeal as required by Florida Rules of Appellate Procedure 9.110(b) and 9.120(b). The filing fee is due and payable at the time of filing the notice. Petitioner is allowed to and including January 30, 2019, in which to submit the filing fee, or an order of insolvency, or a proper motion for leave to proceed in forma pauperis that complies with sections 57.081 and 57.082, Florida Statutes (2013). Failure to submit the filing fee or one of the above referenced documents to this Court could result in the imposition of sanctions, including dismissal of the notice.Please understand that once this case is dismissed, it is not subject to reinstatement.
|
|
Docket Date |
2019-01-15
|
Type |
Notice
|
Subtype |
Supplemental Authority
|
Description |
NOTICE-SUPPLEMENTAL AUTHORITY
|
On Behalf Of |
Arlene Ghent
|
View |
View File
|
|
Docket Date |
2019-01-08
|
Type |
Letter-Case
|
Subtype |
Acknowledgment Letter-New Case
|
Description |
ACKNOWLEDGMENT LETTER-NEW CASE
|
|
Docket Date |
2019-01-03
|
Type |
Notice
|
Subtype |
Invoke Discretionary Jurisdiction
|
Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
|
On Behalf Of |
Arlene Ghent
|
View |
View File
|
|
Docket Date |
2019-01-03
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
|
BERESFORD B. BERTRAM and THERESA BERTRAM VS HSBC MORTGAGE SERVICES, INC.
|
4D2017-3813
|
2017-12-12
|
Closed
|
|
Classification |
NOA Non Final - Circuit Civil - Foreclosure
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 10014666
|
Parties
Name |
FORECLOSURE, INC.
|
Role |
Appellant
|
Status |
Active
|
|
Name |
Beresford B. Bertram
|
Role |
Appellant
|
Status |
Active
|
|
Name |
Theresa Bertram
|
Role |
Appellant
|
Status |
Active
|
|
Name |
HSBC MORTGAGE SERVICES INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Shaib Y. Rios, BROCK & SCOTT, PLLC
|
|
Name |
Hon. Joel T. Lazarus
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2018-06-29
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2018-06-29
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2018-06-07
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2018-04-03
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief ~ (AMENDED)
|
On Behalf Of |
HSBC MORTGAGE SERVICES, INC.
|
|
Docket Date |
2018-04-03
|
Type |
Brief
|
Subtype |
Amended Answer Brief
|
Description |
Amended Appellee's Answer Brief
|
On Behalf Of |
HSBC MORTGAGE SERVICES, INC.
|
|
Docket Date |
2018-04-02
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the appellee's appendix to the answer brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and was not bookmarked in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
Docket Date |
2018-03-29
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
HSBC MORTGAGE SERVICES, INC.
|
|
Docket Date |
2018-03-29
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief ~ **STRICKEN, SEE 04/02/2018 ORDER.**
|
On Behalf Of |
HSBC MORTGAGE SERVICES, INC.
|
|
Docket Date |
2018-03-22
|
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 March 16, 2018 motion for extension of time is granted, and appellee shall serve the answer brief within seven (7) 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 |
2018-03-16
|
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 MORTGAGE SERVICES, INC.
|
|
Docket Date |
2018-02-27
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Order Granting EOT for Answer Brief ~ ORDERED that upon consideration of appellee’s February 26, 2018 response and appellants’ February 16, 2018 response, this court’s February 5, 2018 order to show cause is discharged. It is furtherORDERED that appellee's motion for extension of time, contained in the February 26, 2018 response, is granted, and appellee shall serve the answer brief within twenty (20) 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 |
2018-02-26
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extension of time to file Answer Brief ~ "RESPONSE TO ORDER TO SHOW CAUSE AND MOTION FOR EXTENSION OF TIME TO FILE ANSWER BRIEF"
|
On Behalf Of |
HSBC MORTGAGE SERVICES, INC.
|
|
Docket Date |
2018-02-16
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Order to Show Cause
|
|
Docket Date |
2018-02-05
|
Type |
Order
|
Subtype |
Show Cause re Bankruptcy
|
Description |
Order on Suggestion of Bankruptcy ~ ***DISCHARGED, SEE 02/27/2018 ORDER***A suggestion of bankruptcy having been filed, it is ORDERED that all parties shall show cause in writing, if any there be, within twenty (20) days from the date of this order, why the entire above-styled appeal should not be stayed by virtue of 11 U.S.C. § 362. If a party believes that no such cause exists, that party need not file a response.
|
|
Docket Date |
2018-02-02
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ ATTACHED SUGGESTION OF BANKRUPTCY
|
On Behalf Of |
HSBC MORTGAGE SERVICES, INC.
|
|
Docket Date |
2018-01-30
|
Type |
Order
|
Subtype |
Order on Motion to Stay
|
Description |
Order Denying Emergency Motion to Stay ~ ORDERED that appellants' January 29, 2018 "emergency motion to stay pluries writ of possession that expires February 2, 2018 during the pendency of this appeal" is treated as a motion for review and is denied.
|
|
Docket Date |
2018-01-29
|
Type |
Motions Other
|
Subtype |
Motion To Stay
|
Description |
Emergency Motion To Stay ~ PLURIES WRIT OF POSSESSION THAT EXPIRES FEBRUARY 2, 2018 DURING THE PENDENCY OF THIS APPEAL
|
|
Docket Date |
2018-01-29
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix ~ TO EMERGENCY MOTION TO STAY
|
|
Docket Date |
2018-01-17
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
|
Docket Date |
2018-01-17
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief
|
|
Docket Date |
2018-01-09
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ January 9, 2018 amended unopposed motion for extension of time is granted, and appellants shall serve the initial brief on or before January 19, 2018. 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 |
2018-01-09
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief ~ (AMENDED UNOPPOSED)
|
|
Docket Date |
2018-01-08
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief ~ **SEE AMENDED MOTION**
|
|
Docket Date |
2018-01-08
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
HSBC MORTGAGE SERVICES, INC.
|
|
Docket Date |
2017-12-19
|
Type |
Misc. Events
|
Subtype |
Determination of Indigency/LT Order Insolvency
|
Description |
LT Certificate of Indigency
|
|
Docket Date |
2017-12-19
|
Type |
Brief
|
Subtype |
Jurisdictional Brief
|
Description |
Jurisdictional Brief
|
|
Docket Date |
2017-12-14
|
Type |
Order
|
Subtype |
Order to File Response re Jurisdiction
|
Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that within ten (10) days from the date of this order appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the “order substituting party plaintiff” is an appealable order. Popescu v. JP Morgan Chase Bank, NA, 162 So. 3d 10 (Fla. 4th DCA 2014) (“We dismiss the appeal from the order granting substitution of parties, which we treat as a motion to amend to correct the defendant’s name, as the order is a non-final, non-appealable order. See Fla. R. App. P. 9.130.”) Golderber v. Roehner, 401 So. 2d 897 (Fla. 4th DCA 1981); furtherAppellee may file a response within ten (10) days of service of that statement.
|
|
Docket Date |
2017-12-13
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2017-12-13
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
ORD-Pay Filing Fee - pro se civil appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of the entry of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee.If 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 Circuit Court within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The Clerk of the Circuit Court shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
Docket Date |
2017-12-12
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
WV:Waived
|
|
Docket Date |
2017-12-12
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ **DISMISSED AS TO THE "ORDER SUBSTITUTING PARTY PLAINTIFF""** SEE 01/09/2018 ORDER
|
On Behalf Of |
Beresford B. Bertram
|
|
|
ARLENE GHENT and DAVID M. HENRY VS HSBC MORTGAGE SERVICES, INC.
|
4D2017-2187
|
2017-07-14
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562013CA001095
|
Parties
Name |
FORECLOSURE, INC.
|
Role |
Appellant
|
Status |
Active
|
|
Name |
ARLENE GHENT
|
Role |
Appellant
|
Status |
Active
|
Representations |
Michael R. Vater, THOMAS EROSS, Kendrick Almaguer, Peter David Ticktin
|
|
Name |
DAVID M. HENRY
|
Role |
Appellant
|
Status |
Active
|
|
Name |
HSBC MORTGAGE SERVICES INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Cynthia L. Comras, David Yehuda Rosenberg, Jarrett Evan Cooper, Robertson, Anschutz & Schneid
|
|
Name |
Hon. Cheryl A. Caracuzzo
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Hon. Robert E. Belanger
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - St. Lucie
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
FLORIDA SUPREME COURT CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2021-07-16
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2021-07-16
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate ~ ***RECALLED SEE 8/23/21 ORDER***
|
|
Docket Date |
2021-06-30
|
Type |
Disposition by Opinion
|
Subtype |
Reversed
|
Description |
Reversed - Per Curiam Opinion ~ ON REMAND FROM THE SUPREME COURT OF FLORIDA
|
|
Docket Date |
2021-05-28
|
Type |
Supreme Court
|
Subtype |
Supreme Court Miscellaneous
|
Description |
Supreme Court Disposition ~ SC19-23
|
|
Docket Date |
2021-09-10
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2021-08-23
|
Type |
Order
|
Subtype |
Order on Motion to Recall Mandate
|
Description |
ORD-To Recall Mandate ~ ORDERED that the appellants’ July 28, 2021 motion to recall mandate is granted. Further, ORDERED that this Court’s December 19, 2018 order denying appellants’ motion for appellate attorney's fees is vacated. Further,ORDERED that appellants’ March 20, 2018 motion for appellate attorney's fees is granted. 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 with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
|
|
Docket Date |
2021-07-28
|
Type |
Post-Disposition Motions
|
Subtype |
Motion to Recall Mandate
|
Description |
Motion to recall mandate
|
On Behalf Of |
ARLENE GHENT
|
|
Docket Date |
2021-01-25
|
Type |
Supreme Court
|
Subtype |
Supreme Court Order
|
Description |
Misc. Supreme Court Order ~ SC19-23
|
|
Docket Date |
2019-11-26
|
Type |
Supreme Court
|
Subtype |
Supreme Court Order
|
Description |
Misc. Supreme Court Order ~ SC19-23 STAYED PENDING SC19-1137
|
|
Docket Date |
2019-04-18
|
Type |
Supreme Court
|
Subtype |
Supreme Court Order
|
Description |
Misc. Supreme Court Order ~ PETITIONER TO SHOW CAUSE WHY THE SC SHOULD NOT DECLINE JURISDICTION (SC19-23)
|
|
Docket Date |
2019-01-30
|
Type |
Supreme Court
|
Subtype |
Supreme Court Order
|
Description |
Misc. Supreme Court Order ~ (MOTION TO STAY PROCEEDINGS GRANTED AND SC CASE STAYED PENDING GLASS)
|
|
Docket Date |
2019-01-08
|
Type |
Supreme Court
|
Subtype |
Acknowledged Receipt from Supreme Court
|
Description |
Ack. Receipt from Supreme Court ~ SC19-23
|
|
Docket Date |
2019-01-04
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2019-01-04
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2019-01-03
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice sent to the Supreme Court
|
|
Docket Date |
2019-01-02
|
Type |
Supreme Court
|
Subtype |
Notice to Invok. Disc. Jur. FSC
|
Description |
Notice of Discretionary Jurisdiction to Supreme Court
|
On Behalf Of |
ARLENE GHENT
|
|
Docket Date |
2018-12-19
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Deny Attorney's Fees ~ **VACATED SEE 8/23/21 ORDER**ORDERED that the appellants' March 20, 2018 motion for attorneys' fees and costs is denied.
|
|
Docket Date |
2018-12-19
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed in Part/Reversed in Part
|
Description |
Affirmed in Part/Reversed in Part - Per Curiam Opinion
|
|
Docket Date |
2018-11-19
|
Type |
Motions Other
|
Subtype |
Motion To Stay
|
Description |
Motion To Stay
|
On Behalf Of |
ARLENE GHENT
|
|
Docket Date |
2018-09-24
|
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 |
2018-07-26
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
HSBC MORTGAGE SERVICES, INC.
|
|
Docket Date |
2018-07-16
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ 8 PAGES
|
|
Docket Date |
2018-07-13
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
Description |
Ord-Supplement ROA & Toll Time for Brief ~ ORDERED that appellants' July 12, 2018 motion to supplement the record and toll time to serve initial brief is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within twenty (20) days from the date of this order. Appellants shall monitor the supplementation process; further,ORDERED that the time for filing appellants' initial brief is tolled until ten (10) days after the supplemental record is received.
|
|
Docket Date |
2018-07-12
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
Description |
Mot. file supp'l ROA & toll time
|
On Behalf Of |
HSBC MORTGAGE SERVICES, INC.
|
|
Docket Date |
2018-06-13
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 7/13/18
|
|
Docket Date |
2018-06-13
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief
|
On Behalf Of |
HSBC MORTGAGE SERVICES, INC.
|
|
Docket Date |
2018-05-11
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 6/13/18
|
On Behalf Of |
HSBC MORTGAGE SERVICES, INC.
|
|
Docket Date |
2018-04-13
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 5/14/18
|
On Behalf Of |
HSBC MORTGAGE SERVICES, INC.
|
|
Docket Date |
2018-04-02
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO MOTION FOR ATTORNEYS' FEES
|
On Behalf Of |
HSBC MORTGAGE SERVICES, INC.
|
|
Docket Date |
2018-03-26
|
Type |
Order
|
Subtype |
Order on Motion For Leave To File Amended Brief
|
Description |
Grant Motion Serve Amended Brief ~ ORDERED that appellants' March 22, 2018 motion to serve an amended initial brief is granted. Said amended initial brief is deemed filed as of the date of this order. Further,ORDERED that the appellants' March 22, 2018 motion to supplement the record is granted, and the record is supplemented to include the trial transcript for the trial held on June 14, 2016. Said supplemental record is deemed filed as of the date of this order.
|
|
Docket Date |
2018-03-26
|
Type |
Brief
|
Subtype |
Amended Initial Brief
|
Description |
Amended Appellant's Initial Brief ~ ***MOTION GRANTED 3/26/18***
|
On Behalf Of |
ARLENE GHENT
|
|
Docket Date |
2018-03-26
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ ***MOTION GRANTED 3/26/18***
|
On Behalf Of |
ARLENE GHENT
|
|
Docket Date |
2018-03-22
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion to Amend Brief
|
Description |
Motion For Leave To File Amended Brief
|
On Behalf Of |
ARLENE GHENT
|
|
Docket Date |
2018-03-22
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion To File Supplemental Record
|
On Behalf Of |
ARLENE GHENT
|
|
Docket Date |
2018-03-20
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
ARLENE GHENT
|
|
Docket Date |
2018-03-20
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
ARLENE GHENT
|
|
Docket Date |
2018-03-14
|
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 March 5, 2018 motion for extension of time 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 |
2018-03-05
|
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 MORTGAGE SERVICES, INC.
|
|
Docket Date |
2018-03-05
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
HSBC MORTGAGE SERVICES, INC.
|
|
Docket Date |
2018-02-12
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants' January 29, 2018 opposed motion for enlargement of time to file the initial brief is granted. The initial brief is deemed timely filed as of the date of this order.
|
|
Docket Date |
2018-02-07
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
ARLENE GHENT
|
|
Docket Date |
2018-01-29
|
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 |
ARLENE GHENT
|
|
Docket Date |
2018-01-19
|
Type |
Order
|
Subtype |
Order on Motion to Stay
|
Description |
Order Denying Stay ~ Upon consideration of appellee's January 8, 2018 response, it is ORDERED that appellant's December 29, 2017 motion to stay cause is denied. The appellants shall file the initial brief within ten (10) days from the date of this order.
|
|
Docket Date |
2018-01-08
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO APPELLANTS' MOTION TO STAY
|
On Behalf Of |
HSBC MORTGAGE SERVICES, INC.
|
|
Docket Date |
2017-12-29
|
Type |
Motions Other
|
Subtype |
Motion To Stay
|
Description |
Motion To Stay
|
On Behalf Of |
ARLENE GHENT
|
|
Docket Date |
2017-12-28
|
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 December 26, 2017 motion for extension of time is granted, and appellant shall serve the initial brief within three (3) 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 |
2017-12-26
|
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 |
ARLENE GHENT
|
|
Docket Date |
2017-12-04
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants' December 1, 2017 motion for extension of time is granted, and appellants shall serve the initial brief within twenty (20) 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 |
2017-12-01
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
|
On Behalf Of |
ARLENE GHENT
|
|
Docket Date |
2017-11-01
|
Type |
Order
|
Subtype |
Order Discharging Show Cause Order
|
Description |
ORD-Discharging Show Cause ~ ORDERED that upon consideration of appellant's response and motion for extension of time filed October 30, 2017, this court's October 25, 2017 order to show cause is discharged; further, ORDERED that appellant's motion for extension of time is granted, and appellant shall serve the initial brief within thirty (30) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
Docket Date |
2017-10-30
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Order to Show Cause ~ AND MOTION FOR EXTENSION OF TIME
|
On Behalf Of |
ARLENE GHENT
|
|
Docket Date |
2017-10-25
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Initial Brief ~ ***DISCHARGED 11/1/17***ORDERED that appellants in the above-styled case are directed to show cause in writing, if any there be, on or before November 6, 2017, 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 |
2017-10-16
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 213 PAGES
|
|
Docket Date |
2017-09-29
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ OF COMPLIANCE WITH COURT ORDER ***ORDER APPEALED***
|
On Behalf Of |
ARLENE GHENT
|
|
Docket Date |
2017-09-27
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Grant Extension of Time ~ ORDERED that appellants' September 22, 2017 motion for extension of time is granted and the time in which to obtain a final order is extended to and including October 7, 2017.
|
|
Docket Date |
2017-09-22
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time
|
On Behalf Of |
ARLENE GHENT
|
|
Docket Date |
2017-08-29
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Grant Extension of Time ~ ORDERED that appellant's August 22, 2017 motion for extension of time is granted. The time to comply with this court's July 24, 2017 order for appellants to obtain an order that ultimately rules on the underlying issue of entitlement to attorney's fees is extended to and including September 22, 2017.
|
|
Docket Date |
2017-08-22
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time
|
On Behalf Of |
ARLENE GHENT
|
|
Docket Date |
2017-07-24
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ It appearing that the "order on plaintiff's motion for reconsider on defendant's motion to tax costs and attorney's fees" is a non–appealable, non–final order, appellants shall have thirty (30) days from the date of this order to obtain an order that ultimately rules on the underlying issue of entitlement to attorney's fees pursuant to the order granting reconsideration. Failure to do so will result in sua sponte dismissal of the appeal.ORDERED that the trial court is specifically authorized, pursuant to Florida Rule of Appellate Procedure 9.600(b), upon appropriate application, to enter a final order in these proceedings.
|
|
Docket Date |
2017-07-21
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
HSBC MORTGAGE SERVICES, INC.
|
|
Docket Date |
2017-07-14
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2017-07-14
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2017-07-14
|
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 |
2017-07-14
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
ARLENE GHENT
|
|
|
ERIKA WALDINA GUZMAN MEJIA VS HSBC MORTGAGE SERVICES INC.
|
SC2017-0271
|
2017-02-16
|
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
132009CA035010000001
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
3D16-923
|
Parties
Name |
Erika Waldina Guzman Mejia
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
HSBC MORTGAGE SERVICES INC.
|
Role |
Respondent
|
Status |
Active
|
Representations |
Robert R. Edwards, Mr. David Rosenberg
|
|
Name |
Hon. Michael Allen Hanzman
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Hon. Harvey Ruvin
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
Hon. Mary Cay Blanks
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2017-11-13
|
Type |
Miscellaneous Document
|
Subtype |
USSC Disp-Certiorari Denied
|
Description |
USSC Disp-Certiorari Dy ~ The Court today entered the following order in the above-entitled case:The petition for a writ of certiorari is denied. FILED W/FSC 11/16/2017
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View |
View File
|
|
Docket Date |
2017-09-15
|
Type |
Miscellaneous Document
|
Subtype |
USSC Not/Cert Filed in FSC
|
Description |
USSC Not/Cert Filed in FSC ~ The petition for a writ of certiorari in the above entitled case was filed on May 5, 2017 and placed on the docket September 8, 2017 as No. 17-362.
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View |
View File
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|
Docket Date |
2017-02-20
|
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 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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|
Docket Date |
2017-02-16
|
Type |
Notice
|
Subtype |
Invoke Discretionary Jurisdiction
|
Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT) ~ Uncertified copy
|
On Behalf Of |
Erika Waldina Guzman Mejia
|
View |
View File
|
|
Docket Date |
2017-02-16
|
Type |
Motion
|
Subtype |
In Forma Pauperis
|
Description |
MOTION-IN FORMA PAUPERIS
|
On Behalf Of |
Erika Waldina Guzman Mejia
|
View |
View File
|
|
Docket Date |
2017-02-16
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
DM:Case Dismissed
|
|
|
ERIKA WALDINA GUZMAN MEJIA, VS HSBC MORTGAGE SERVICES, INC.,
|
3D2016-0923
|
2016-04-22
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
3rd District Court of Appeal
|
Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
09-35010
|
Parties
Name |
ERIKA WALDINA GUZMAN MEJIA
|
Role |
Appellant
|
Status |
Active
|
|
Name |
HSBC MORTGAGE SERVICES INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
ROBERT R. EDWARDS, DAVID ROSENBERG, Albertelli Law
|
|
Name |
HON. MICHAEL A. HANZMAN
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Miami-Dade Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2017-02-20
|
Type |
Supreme Court
|
Subtype |
Supreme Court Opinion
|
Description |
Supreme Court Disposition ~ 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. No motion for rehearing or reinstatement will be entertained by the court.
|
|
Docket Date |
2017-02-16
|
Type |
Notice
|
Subtype |
Notice
|
Description |
NOTICE OF DISCRETN. JURISDICTN
|
|
Docket Date |
2017-02-10
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2017-02-10
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2017-01-25
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2016-08-15
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
HSBC MORTGAGE SERVICES, INC.
|
|
Docket Date |
2016-07-14
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion to Dismiss Denied (OD32) ~ Upon consideration, appellee¿s motion to dismiss the appeal is hereby denied without prejudice to raise the issues in the answer brief. ROTHENBERG, LAGOA and LOGUE, JJ., concur.
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|
Docket Date |
2016-07-07
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Record on Appeal ~ 2 VOLUMES.
|
|
Docket Date |
2016-06-29
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Extension granted to file answer brief (OG04) ~ Appellee¿s motion for an extension of time to file the answer brief is granted to and including thirty (30) days after the Court rules on the motion to dismiss.
|
|
Docket Date |
2016-06-27
|
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 MORTGAGE SERVICES, INC.
|
|
Docket Date |
2016-06-24
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss
|
On Behalf Of |
HSBC MORTGAGE SERVICES, INC.
|
|
Docket Date |
2016-06-22
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance ~ and designation of e-mail addresses
|
On Behalf Of |
HSBC MORTGAGE SERVICES, INC.
|
|
Docket Date |
2016-06-06
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
ERIKA WALDINA GUZMAN MEJIA
|
|
Docket Date |
2016-06-06
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix
|
On Behalf Of |
ERIKA WALDINA GUZMAN MEJIA
|
|
Docket Date |
2016-05-19
|
Type |
Order
|
Subtype |
Order
|
Description |
MISCELLANEOUS ORDER (OR999) ~ Upon consideration of the response, the rule to show cause issued by this Court on May 6, 2016 is carried with the case.
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|
Docket Date |
2016-05-16
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ to show cause with supplemental authorities
|
On Behalf Of |
ERIKA WALDINA GUZMAN MEJIA
|
|
Docket Date |
2016-05-06
|
Type |
Order
|
Subtype |
Show Cause Jurisdiction
|
Description |
Issue Rule-Lack of Jurisdiction (OR01B) ~ The parties are ordered to show cause within ten (10) days from the date of this order why the appeal should not be dismissed for lack of jurisdiction.
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|
Docket Date |
2016-04-25
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Order to pay filing fee-civil w/o atty (OR14C) ~ This is to notify appellant that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred ($300.00) dollar fee is paid to the Clerk of the Court by cash, cashier¿s check or money order on or before May 5, 2016, or a certified copy of the Application for Determination of Civil Indigent Status in which the lower tribunal clerk has determined the appellant to be indigent is received on or before said date.
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|
Docket Date |
2016-04-22
|
Type |
Notice
|
Subtype |
Notice of Appeal Transmittal Form
|
Description |
Notice of Transmittal--NOA
|
On Behalf Of |
ERIKA WALDINA GUZMAN MEJIA
|
|
Docket Date |
2016-04-22
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
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|
Docket Date |
2016-04-22
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|
SEMIRA HOFFMAN VS U. S. BANK TRUST, N. A.
|
2D2015-4971
|
2015-11-16
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
13-005802-CI
|
Parties
Name |
SEMIRA HOFFMAN
|
Role |
Appellant
|
Status |
Active
|
Representations |
KELLEY A. BOSECKER, ESQ.
|
|
Name |
HSBC MORTGAGE SERVICES INC.
|
Role |
Appellee
|
Status |
Withdrawn
|
Representations |
JARRETT I. BERFOND, ESQ., MATTHEW A. CICCIO, ESQ.
|
|
Name |
U. S. BANK TRUST, N. A.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
HON. JACK R. ST. ARNOLD
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
PINELLAS CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2016-04-27
|
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 |
HSBC MORTGAGE SERVICES, INC.
|
|
Docket Date |
2016-04-19
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ ST. ARNOLD
|
|
Docket Date |
2016-03-22
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORDER GRANTING EOT FOR INITIAL BRIEF
|
|
Docket Date |
2016-03-14
|
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 |
SEMIRA HOFFMAN
|
|
Docket Date |
2016-02-10
|
Type |
Motions Other
|
Subtype |
Motion To Stay
|
Description |
Emergency Motion To Stay ~ EMERGENCY MOTION TO STAY CANCEL SALE FOR FEBRUARY 12, 2016
|
On Behalf Of |
SEMIRA HOFFMAN
|
|
Docket Date |
2016-02-10
|
Type |
Order
|
Subtype |
Order on Motion For Review
|
Description |
ORD-GRANT MOTION FOR REVIEW ~ Appellant's "emergency motion to stay cancel sale for February 12, 2016," is treated as a motion to review the circuit court's February 5, 2016, "agreed order on defendant's motion to cancel sale scheduled for February 12, 2016," which denied the parties' agreed February 3, 2016, "motion to cancel and/or postpone the sale date of defendant's property set for February 12, 2016," [see] Fla. R. App. P. 9.310(a), (f), and is granted. We disapprove the circuit court's order denying the parties' agreed motion to cancel the foreclosure sale. The foreclosure sale scheduled for February 12, 2016, is cancelled. We remand for the circuit court to enter an order resetting the foreclosure sale for sixty days from the date that the circuit court enters its order on remand, as provided in the parties' agreed February 3, 2016, "motion to cancel and/or postpone the sale date of defendant's property set for February 12, 2016."
|
|
Docket Date |
2016-02-04
|
Type |
Order
|
Subtype |
Order on Motion for Reinstatement
|
Description |
ORD-REINSTATEMENT ~ MBK
|
|
Docket Date |
2016-02-01
|
Type |
Post-Disposition Motions
|
Subtype |
Motion For Reinstatement
|
Description |
Motion For Reinstatement
|
On Behalf Of |
SEMIRA HOFFMAN
|
|
Docket Date |
2016-08-08
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORDER GRANTING VOLUNTARY DISMISSAL
|
|
Docket Date |
2016-08-08
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2016-08-05
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal
|
On Behalf Of |
SEMIRA HOFFMAN
|
|
Docket Date |
2016-06-10
|
Type |
Letter-Case
|
Subtype |
Letter
|
Description |
Letter ~ SUSPENSION NOTICE
|
On Behalf Of |
SEMIRA HOFFMAN
|
|
Docket Date |
2016-06-06
|
Type |
Motions Other
|
Subtype |
Motion To Stay
|
Description |
Emergency Motion To Stay ~ EMERGENCY MOTION TO STAY/CANCEL SALE FOR JUNE 7, 2016
|
On Behalf Of |
SEMIRA HOFFMAN
|
|
Docket Date |
2016-06-06
|
Type |
Order
|
Subtype |
Order on Motion For Review
|
Description |
ORD-GRANT MOTION FOR REVIEW ~ The petitioner's motion to stay/cancel sale for June 7, 2016, is treated as a Florida Rule of Appellate Procedure 9.310(f) motion for review of an order on motion for stay filed in the lower tribunal. The motion for review is granted, and the proceedings in the lower tribunal, including the sale scheduled for June 7, 2016, are stayed pending the issuance of the mandate in this appeal. Additionally, it has come to this court's attention that attorney Kelley Bosecker is temporarily suspended from the practice of law. In light of this fact, while attorney Bosecker remains listed as counsel of record absent a substitution of counsel or request to proceed pro se, the case records of this court have been updated to ensure that her clients will receive copies of court orders that are issued in the interim. All pleadings shall be served on attorney Bosecker's client during the period of attorney Bosecker's suspension. Time frames in any applicable rules or court orders remain in effect. Any motion for substitution or request to proceed pro se should refer to the suspension.
|
|
Docket Date |
2016-06-02
|
Type |
Order
|
Subtype |
Order on Motion to Stay
|
Description |
Order Denying Stay ~ The appellant's emergency motion to stay/cancel sale for June 7, 2016, is denied without prejudice to the appellant filing a motion to stay in the trial court and if denied, then seeking review in this court as provided by Florida Rule of Appellate Procedure 9.310.
|
|
Docket Date |
2016-06-01
|
Type |
Motions Other
|
Subtype |
Motion To Stay
|
Description |
Emergency Motion To Stay ~ EMERGENCY MOTION TO STAY/CANCEL SALE FOR JUNE 7, 2016
|
On Behalf Of |
SEMIRA HOFFMAN
|
|
Docket Date |
2016-05-25
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORDER GRANTING EOT FOR INITIAL BRIEF
|
|
Docket Date |
2016-05-24
|
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 |
SEMIRA HOFFMAN
|
|
Docket Date |
2016-04-29
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORDER GRANTING EOT FOR INITIAL BRIEF
|
|
Docket Date |
2016-01-27
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Denying EOT for Initial Brief ~ MBK-Denied as moot
|
|
Docket Date |
2016-01-27
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
dismiss/no fee/order of insolvency
|
|
Docket Date |
2016-01-27
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge ~ LaRose, Khouzam, and Morris
|
|
Docket Date |
2016-01-26
|
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 |
SEMIRA HOFFMAN
|
|
Docket Date |
2015-12-15
|
Type |
Misc. Events
|
Subtype |
Certificate
|
Description |
Certificate ~ CERTIFICATE OF THE CLERK
|
On Behalf Of |
PINELLAS CLERK
|
|
Docket Date |
2015-12-01
|
Type |
Notice
|
Subtype |
Amended Notice of Appeal
|
Description |
Amended Notice of Appeal ~ CERTIFIED
|
On Behalf Of |
SEMIRA HOFFMAN
|
|
Docket Date |
2015-12-01
|
Type |
Miscellaneous Document
|
Subtype |
Lower Tribunal Transmittal Cover Sheet
|
Description |
LOWER TRIBUNAL TRANSMITTAL COVER SHEET
|
On Behalf Of |
SEMIRA HOFFMAN
|
|
Docket Date |
2015-11-30
|
Type |
Misc. Events
|
Subtype |
Certificate
|
Description |
Certificate ~ CERTIFICATE OF CLERK
|
On Behalf Of |
PINELLAS CLERK
|
|
Docket Date |
2015-11-23
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
HSBC MORTGAGE SERVICES, INC.
|
|
Docket Date |
2015-11-20
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
fee - civil; atty
|
|
Docket Date |
2015-11-18
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2015-11-16
|
Type |
Misc. Events
|
Subtype |
Order Appealed
|
Description |
order appealed
|
|
Docket Date |
2015-11-16
|
Type |
Miscellaneous Document
|
Subtype |
Lower Tribunal Transmittal Cover Sheet
|
Description |
LOWER TRIBUNAL TRANSMITTAL COVER SHEET
|
On Behalf Of |
PINELLAS CLERK
|
|
Docket Date |
2015-11-16
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
SEMIRA HOFFMAN
|
|
Docket Date |
2015-11-16
|
Type |
Letter-Case
|
Subtype |
Letter
|
Description |
Letter
|
On Behalf Of |
PINELLAS CLERK
|
|
|
JORGE ALBERTO CHAVEZ VS HSBC MORTGAGE SERVICES, INC., etc.
|
4D2015-4064
|
2015-11-02
|
Closed
|
|
Classification |
Original Proceedings - Circuit Civil - Prohibition
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 08-010602
|
Parties
Name |
JORGE ALBERTO CHAVEZ
|
Role |
Appellant
|
Status |
Active
|
|
Name |
HSBC MORTGAGE SERVICES INC.
|
Role |
Respondent
|
Status |
Active
|
Representations |
RONALD R. WOLFE, GREGORY A. SCOTT, Brian C. Frontino, CHARLES LOUIS NEUSTEIN, MICHAEL J. ECHEVARRIA, THOMAS BROCK
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2015-11-24
|
Type |
Disposition
|
Subtype |
Denied
|
Description |
Denied - Order by Judge
|
|
Docket Date |
2015-11-24
|
Type |
Disposition by Order
|
Subtype |
Denied
|
Description |
Order Denying Petition for Writ - Prohib. ~ ORDERED that the November 2, 2015 petition for writ of prohibition is denied.GERBER, CONNER and KLINGENSMITH, JJ., concur.
|
|
Docket Date |
2015-11-24
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Docket Entry
|
Description |
Miscellaneous Entry/Document ~ LETTER FROM SUP. CT. RE: RETURNED MAIL
|
|
Docket Date |
2015-11-13
|
Type |
Misc. Events
|
Subtype |
Docketing Statement
|
Description |
Docketing Statement
|
On Behalf Of |
HSBC MORTGAGE SERVICES, INC.
|
|
Docket Date |
2015-11-09
|
Type |
Misc. Events
|
Subtype |
Affidavit
|
Description |
Affidavit ~ OF INDIGENT STATUS
|
On Behalf Of |
JORGE ALBERTO CHAVEZ
|
|
Docket Date |
2015-11-03
|
Type |
Order
|
Subtype |
Order on Motion to Stay
|
Description |
Order Denying Emergency Motion to Stay ~ ORDERED that the appellant's November 2, 2015 emergency petition to nullify power of sale and writ of stay of possession is treated as an emergency motion to stay, and is denied.
|
|
Docket Date |
2015-11-02
|
Type |
Order
|
Subtype |
Order Vacating/Withdrawing Order
|
Description |
Order Vacated ~ ORDERED that this court's November 2, 2015 order is vacated.
|
|
Docket Date |
2015-11-02
|
Type |
Motions Other
|
Subtype |
Motion To Stay
|
Description |
Emergency Motion To Stay
|
On Behalf Of |
JORGE ALBERTO CHAVEZ
|
|
Docket Date |
2015-11-02
|
Type |
Supreme Court
|
Subtype |
Supreme Court Order
|
Description |
Misc. Supreme Court Order ~ SC15-1982 GRANTING MOTION TO PROCEED INFORMA PAUPERIS
|
|
Docket Date |
2015-11-02
|
Type |
Petition
|
Subtype |
Petition
|
Description |
Petition Filed
|
On Behalf Of |
JORGE ALBERTO CHAVEZ
|
|
Docket Date |
2015-11-02
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ OF REMOVAL
|
On Behalf Of |
JORGE ALBERTO CHAVEZ
|
|
Docket Date |
2015-11-02
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Prohibition / Acknowledgment letter
|
|
Docket Date |
2015-11-02
|
Type |
Misc. Events
|
Subtype |
Affidavit
|
Description |
Affidavit
|
On Behalf Of |
JORGE ALBERTO CHAVEZ
|
|
|
JORGE ALBERTO CHAVEZ, ETC. VS HSBC MORTGAGE SERVICES INC., ETC.
|
SC2015-1982
|
2015-10-28
|
Closed
|
|
Classification |
Original Proceedings - Writ - Prohibition
|
Court |
Supreme Court of Florida
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
062008CA010602AXXXCE
|
Parties
Name |
JORGE ALBERTO CHAVEZ
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
HSBC MORTGAGE SERVICES INC.
|
Role |
Respondent
|
Status |
Active
|
|
Name |
U.S. Bank Trust, N.A.
|
Role |
Respondent
|
Status |
Active
|
|
Name |
Hon. HOWARD FORMAN
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2015-11-23
|
Type |
Letter-Case
|
Subtype |
Acknowledgment Letter-Modified
|
Description |
ACKNOWLEDGMENT LETTER-MODIFIED ~ Please be advised that the above letters have been forwarded to the Fourth District Court of Appeal, to be placed with case number SC15-1982, which was transferred to that Court on November 2, 2015. Any future pleadings filed in the above case should be filed in the above mentioned district court at 1525 Palm Beach Lakes Blvd, West Palm Beach, Florida 33401.
|
|
Docket Date |
2015-11-16
|
Type |
Miscellaneous Document
|
Subtype |
Misc. Docket Entry
|
Description |
MISC. DOCKET ENTRY
|
On Behalf Of |
JORGE ALBERTO CHAVEZ
|
|
Docket Date |
2015-11-12
|
Type |
Miscellaneous Document
|
Subtype |
Mail Returned
|
Description |
MAIL RETURNED ~ ORDER DATED 10/29/2015
|
On Behalf Of |
JORGE ALBERTO CHAVEZ
|
|
Docket Date |
2015-11-02
|
Type |
Disposition
|
Subtype |
Tsfr Circ Ct/DCA (Harvard)
|
Description |
DISP-TSFR CIRC CT/DCA (HARVARD) ~ The petition for writ of prohibition is hereby transferred, pursuant to Harvard v. Singletary, 733 So. 2d 1020 (Fla. 1999), to the Fourth District Court of Appeal. The transfer of this case should not be construed as an adjudication or comment on the merits of the petition, nor as a determination that the transferee court has jurisdiction or that the petition has been properly denominated as a petition for writ of prohibition. The transferee court should not interpret the transfer of this case as an indication that it must or should reach the merits of the petition. The transferee court shall treat the petition as if it had been originally filed there on the date it was filed in this Court. Any determination concerning whether a filing fee shall be applicable to this case shall be made by the transferee court. Any and all pending motions in this case are hereby deferred to the transferee court.Any future pleadings filed regarding this case should be filed in the above mentioned district court at 1525 Palm Beach Lakes Boulevard, West Palm Beach, Florida 33401.
|
|
Docket Date |
2015-10-29
|
Type |
Event
|
Subtype |
No Fee - Insolvent
|
Description |
No Fee - Insolvent
|
|
Docket Date |
2015-10-29
|
Type |
Order
|
Subtype |
In Forma Pauperis
|
Description |
ORDER-IN FORMA PAUPERIS GR ~ Petitioner's motion for leave to proceed in forma pauperis is hereby granted.
|
|
Docket Date |
2015-10-29
|
Type |
Letter-Case
|
Subtype |
Acknowledgment Letter-New Case
|
Description |
ACKNOWLEDGMENT LETTER-NEW CASE
|
|
Docket Date |
2015-10-28
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
NI:No Fee - Insolvent
|
|
Docket Date |
2015-10-28
|
Type |
Notice
|
Subtype |
Notice
|
Description |
NOTICE ~ FILED AS A "NOTICE OF REMOVAL TO FLORIDA SUPREME COURT FOR CAUSE"
|
On Behalf Of |
JORGE ALBERTO CHAVEZ
|
|
Docket Date |
2015-10-28
|
Type |
Motion
|
Subtype |
In Forma Pauperis
|
Description |
MOTION-IN FORMA PAUPERIS ~ (REC'D 10/27/2015)
|
On Behalf Of |
JORGE ALBERTO CHAVEZ
|
|
Docket Date |
2015-10-28
|
Type |
Petition
|
Subtype |
Petition Filed
|
Description |
PETITION-PROHIBITION
|
On Behalf Of |
JORGE ALBERTO CHAVEZ
|
|
Docket Date |
2015-10-28
|
Type |
Miscellaneous Document
|
Subtype |
Misc. Docket Entry
|
Description |
MISC. DOCKET ENTRY ~ FILED AS AN "AFFIDAVIT OF NOTARY'S PRESENTMENT CERTICIATION OF MAILING FOR WRIT OF PROHIBITION AND CONSTITUTIONAL VIOLATIONS" (REC'D 10/27/2015)
|
On Behalf Of |
JORGE ALBERTO CHAVEZ
|
|
|
ROME TRUST HOLDINGS, LLC VS HSBC MORTGAGE SERVICES, INC., ET AL.
|
5D2015-2476
|
2015-07-15
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
5th District Court of Appeal
|
Originating Court |
Circuit Court for the Fifth Judicial Circuit, Hernando County
27-2013-CA-001464
|
Parties
Name |
ROME TRUST HOLDINGS, LLC
|
Role |
Appellant
|
Status |
Active
|
Representations |
Ian P. Hudson
|
|
Name |
U.S. BANK TRUST, N.A., AS TRUSTEE FOR THE RMAC TRUST, SERIES 2016-CTT
|
Role |
Appellee
|
Status |
Active
|
|
Name |
HSBC MORTGAGE SERVICES INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Matthew A. Ciccio, Aldridge Pite, LLP
|
|
Name |
EULALA A. ABBEY
|
Role |
Appellee
|
Status |
Active
|
|
Name |
CAPITAL ONE BANK
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Daniel B. Merritt, Sr.
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk Hernando
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2015-12-07
|
Type |
Record
|
Subtype |
Returned Records
|
Description |
Returned Records ~ NO RECORD
|
|
Docket Date |
2015-12-07
|
Type |
Mandate
|
Subtype |
Notice Memorandum
|
Description |
Notice Memorandum
|
|
Docket Date |
2015-11-18
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk ~ JOINT STIP
|
|
Docket Date |
2015-11-18
|
Type |
Order
|
Subtype |
Order on Motion/Notice Voluntary Dismissal (non-dispositive)
|
Description |
Order Granting Voluntary Dismissal
|
|
Docket Date |
2015-11-17
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal ~ JT STIP
|
On Behalf Of |
HSBC MORTGAGE SERVICES, INC.
|
|
Docket Date |
2015-09-29
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief ~ SECOND AMENDED
|
On Behalf Of |
ROME TRUST HOLDINGS, LLC
|
|
Docket Date |
2015-09-29
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Grant EOT for Initial Brief
|
|
Docket Date |
2015-09-28
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Denying EOT Rule 9.300(A)
|
|
Docket Date |
2015-09-28
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief ~ FIRST AMENDED; SEE 9/29 SECOND AMENDED
|
On Behalf Of |
ROME TRUST HOLDINGS, LLC
|
|
Docket Date |
2015-09-25
|
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 |
ROME TRUST HOLDINGS, LLC
|
|
Docket Date |
2015-07-29
|
Type |
Order
|
Subtype |
Order Declining Referral to Mediation
|
Description |
ORD- Declining Referral to Mediation ~ INIT BRF DUE IN 70 DAYS
|
|
Docket Date |
2015-07-27
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ OF NON-REPRESENTATION
|
On Behalf Of |
HSBC MORTGAGE SERVICES, INC.
|
|
Docket Date |
2015-07-24
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ MED Q
|
On Behalf Of |
ROME TRUST HOLDINGS, LLC
|
|
Docket Date |
2015-07-15
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgement Letter 1
|
|
Docket Date |
2015-07-15
|
Type |
Mediation
|
Subtype |
Other
|
Description |
Mediation Packet
|
|
Docket Date |
2015-07-15
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ FILED BELOW 7/9/15
|
On Behalf Of |
ROME TRUST HOLDINGS, LLC
|
|
Docket Date |
2015-07-15
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Order to pay filing fee - Civil appeal (300)
|
|
Docket Date |
2015-07-15
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|
DEBORAH GRIER, WILLIAM K. GRIER, ET AL. VS HSBC MORTGAGE SERVICES, INC.
|
5D2015-2290
|
2015-06-29
|
Closed
|
|
Classification |
NOA Non Final - Circuit Civil - Foreclosure
|
Court |
5th District Court of Appeal
|
Originating Court |
Circuit Court for the Fifth Judicial Circuit, Hernando County
2009-CA-004670
|
Parties
Name |
DEBORAH GRIER
|
Role |
Appellant
|
Status |
Active
|
Representations |
ANDY TREUSCH, LLOYD VINSON OSMAN
|
|
Name |
AEGIS CAPITAL MARKET, INC.
|
Role |
Appellant
|
Status |
Active
|
|
Name |
WILLIAM K. GRIER
|
Role |
Appellant
|
Status |
Active
|
|
Name |
HSBC MORTGAGE SERVICES INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
ALISA MARIE TAORMINA, ERIC D. FROMMER, PETER G. FOWLER, GEORGE KEZEMIDES
|
|
Name |
Hon. Daniel B. Merritt, Sr.
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk Hernando
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2016-03-04
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ PER 2/23 ORDER
|
On Behalf Of |
HSBC MORTGAGE SERVICES, INC.
|
|
Docket Date |
2016-04-05
|
Type |
Record
|
Subtype |
Returned Records
|
Description |
Returned Records ~ NO RECORD
|
|
Docket Date |
2016-04-05
|
Type |
Mandate
|
Subtype |
Notice Memorandum
|
Description |
Notice Memorandum
|
|
Docket Date |
2016-03-17
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge
|
|
Docket Date |
2016-03-17
|
Type |
Order
|
Subtype |
Order on Motion/Notice Voluntary Dismissal (non-dispositive)
|
Description |
Order Granting Voluntary Dismissal ~ AE'S 2/22 MOT FOR SANCTIONS IS GRANTED...
|
|
Docket Date |
2016-03-09
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ AMENDED RESPONSE TO MOT SANCTIONS
|
On Behalf Of |
DEBORAH GRIER
|
|
Docket Date |
2016-03-07
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ PER 2/23 ORDER
|
On Behalf Of |
DEBORAH GRIER
|
|
Docket Date |
2016-02-23
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ W/IN 10 DAYS; BOTH PARTIES SHALL ADVISE...
|
|
Docket Date |
2016-02-23
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal
|
On Behalf Of |
DEBORAH GRIER
|
|
Docket Date |
2016-02-22
|
Type |
Motions Other
|
Subtype |
Motion for Sanctions
|
Description |
Mot-For Sanctions ~ GRANTED PER 3/17 ORDER
|
On Behalf Of |
HSBC MORTGAGE SERVICES, INC.
|
|
Docket Date |
2016-01-15
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
HSBC MORTGAGE SERVICES, INC.
|
|
Docket Date |
2015-12-11
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Order Grant EOT for Answer Brief
|
|
Docket Date |
2015-12-10
|
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 MORTGAGE SERVICES, INC.
|
|
Docket Date |
2015-11-06
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Order Grant EOT for Answer Brief
|
|
Docket Date |
2015-11-05
|
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 MORTGAGE SERVICES, INC.
|
|
Docket Date |
2015-10-25
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
DEBORAH GRIER
|
|
Docket Date |
2015-08-27
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Grant EOT for Initial Brief
|
|
Docket Date |
2015-08-26
|
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 |
DEBORAH GRIER
|
|
Docket Date |
2015-08-12
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ IB DUE W/I 15 DYS.
|
|
Docket Date |
2015-07-29
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ PER 7/16 ORDER
|
On Behalf Of |
DEBORAH GRIER
|
|
Docket Date |
2015-07-16
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Initial Brief/Apdx ~ W/IN 10 DAYS
|
|
Docket Date |
2015-06-29
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgement Letter 1
|
|
Docket Date |
2015-06-29
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2015-06-29
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ FILED BELOW 6/24/15
|
On Behalf Of |
DEBORAH GRIER
|
|
Docket Date |
2015-06-29
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Order to pay filing fee - Civil appeal (300)
|
|
|
MURIEL PHILLIP VS HSBC MORTGAGE SERVICES, INC.
|
5D2015-2071
|
2015-06-11
|
Closed
|
|
Classification |
NOA Non Final - Circuit Civil - Foreclosure
|
Court |
5th District Court of Appeal
|
Originating Court |
Circuit Court for the Fifth Judicial Circuit, Marion County
42-2009-CA-006944
|
Parties
Name |
MURIEL PHILLIP
|
Role |
Appellant
|
Status |
Active
|
Representations |
Michael Saracco
|
|
Name |
HSBC MORTGAGE SERVICES INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
BROCK & SCOTT, P.A., Robertson, Anschutz & Schneid, HEIDI J. BASSETT
|
|
Name |
Hon. Victor J. Musleh
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk Marion
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2015-12-02
|
Type |
Record
|
Subtype |
Returned Records
|
Description |
Returned Records ~ NO RECORD
|
|
Docket Date |
2015-12-02
|
Type |
Mandate
|
Subtype |
Notice Memorandum
|
Description |
Notice Memorandum
|
|
Docket Date |
2015-11-12
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk ~ FAILURE TO PROSECUTE
|
|
Docket Date |
2015-11-12
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
Order Dismissing Appeal
|
|
Docket Date |
2015-10-26
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Initial Brief/Apdx ~ W/IN 10 DAYS
|
|
Docket Date |
2015-09-30
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Grant EOT for Initial Brief
|
|
Docket Date |
2015-09-29
|
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 |
MURIEL PHILLIP
|
|
Docket Date |
2015-09-25
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
HSBC MORTGAGE SERVICES, INC.
|
|
Docket Date |
2015-09-01
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Grant EOT for Initial Brief
|
|
Docket Date |
2015-08-31
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
|
On Behalf Of |
MURIEL PHILLIP
|
|
Docket Date |
2015-08-05
|
Type |
Order
|
Subtype |
Order re Counsel
|
Description |
ORD-Withdraw as Counsel ~ AA'S 7/28 MTN/EOT GRANTED. IB DUE 8/26.
|
|
Docket Date |
2015-07-28
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion To Withdraw as Counsel
|
Description |
Motion To Withdraw as Counsel
|
On Behalf Of |
MURIEL PHILLIP
|
|
Docket Date |
2015-07-28
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
|
On Behalf Of |
MURIEL PHILLIP
|
|
Docket Date |
2015-06-30
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Grant EOT for Initial Brief
|
|
Docket Date |
2015-06-25
|
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 |
MURIEL PHILLIP
|
|
Docket Date |
2015-06-11
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgement Letter 1
|
|
Docket Date |
2015-06-11
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Order to pay filing fee - Civil appeal (300)
|
|
Docket Date |
2015-06-11
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ FILED BELOW 6/10/15
|
On Behalf Of |
MURIEL PHILLIP
|
|
Docket Date |
2015-06-11
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|