MARK KEEGAN, Appellant(s) v. TRACEY C. NEFF, et al., Appellee(s).
|
4D2024-2583
|
2024-10-08
|
Open
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502022CA002420; 502023CA016319
|
Parties
Name |
Mark Gerard Keegan *W*
|
Role |
Appellant
|
Status |
Active
|
|
Name |
Tracey C. Neff
|
Role |
Appellee
|
Status |
Active
|
Representations |
Brett Lewen Goldblatt
|
|
Name |
Joseph Abruzzo, Clerk and Comptroller
|
Role |
Appellee
|
Status |
Active
|
Representations |
Collin Doern Jackson
|
|
Name |
SPOTLIGHT RESIDENTIAL REAL ESTATE LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Ryan Fojo, Jamie Alan Sasson
|
|
Name |
FIFTH THIRD BANK
|
Role |
Appellee
|
Status |
Active
|
Representations |
Jonathan W. Mesker
|
|
Name |
Hon. Carolyn Ruth Bell
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Palm Beach Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2024-11-22
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance and Email Designation
|
On Behalf Of |
Spotlight Residential Real Estate LLC
|
|
Docket Date |
2024-11-13
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
ORDERED that appellant's October 9, 2024 motion to stay is treated as a motion for review and is denied. Everett v. Everett, 196 So. 3d 483, 484 (Fla. 1st DCA 2016) ("We review the lower tribunal's decision on the motion to stay under the 'highly deferential' abuse of discretion standard. . . . The idea is that the court most familiar with the controversy is in the best posture to determine the appropriateness and conditions of a stay."); Lampert-Sacher v. Sacher, 120 So. 3d 667, 668 (Fla. 1st DCA 2013) ("A party seeking to stay the lower tribunal order pending appeal should demonstrate a likelihood of prevailing on appeal, irreparable harm to movant if the motion is not granted, or a showing that a stay would be in the public interest."). Further, ORDERED that appellant's motion to consolidate is denied..
|
View |
View File
|
|
Docket Date |
2024-11-06
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Docket Entry
|
Description |
November 5, 2024 e-mail from Appellant
|
View |
View File
|
|
Docket Date |
2024-11-05
|
Type |
Event
|
Subtype |
Fee Satisfied
|
Description |
Fee Satisfied
|
|
Docket Date |
2024-11-04
|
Type |
Miscellaneous Document
|
Subtype |
Pay Case Filing Fee-300
|
Description |
Pay Case Filing Fee-300
|
View |
View File
|
|
Docket Date |
2024-11-01
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
ORDERED that Appellant's October 28, 2024 motion is denied. Appellant is advised that his motion practice has abused the judicial process and burdened this court's limited judicial resources. Future excessive, unnecessary, and/or frivolous motion practice may result in the imposition of sanctions, including referral to The Florida Bar, under Florida Rule of Appellate Procedure 9.410. Further, Appellant is advised that the $300.00 filing fee has not been paid. Failure to pay the filing fee will result in dismissal of this cause pursuant to this Court's October 16, 2024 order.
|
View |
View File
|
|
Docket Date |
2024-10-28
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice of Paid Filing Fee, Notice of Compliance with October 16, 2024 Order
|
|
Docket Date |
2024-10-28
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Motion for Order Requiring Clerk to Show Cause
|
|
Docket Date |
2024-10-21
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
|
Docket Date |
2024-10-14
|
Type |
Order
|
Subtype |
Order on Request for Emergency Treatment
|
Description |
ORDERED that the appellant's October 11, 2024 request for emergency treatment is denied. The court will handle the filing in the normal course of business. No motion for rehearing as to this order will be entertained.
|
View |
View File
|
|
Docket Date |
2024-10-11
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
KEEGAN'S EMERGENCY MOTION TO STAY CIRCUIT COURT PROCEEDINGS TO PRESERVE STATUS QUO PENDING APPEAL AND MOTION TO CONSOLIDATE
|
|
Docket Date |
2024-10-08
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
View |
View File
|
|
Docket Date |
2024-10-08
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal
|
|
Docket Date |
2025-01-06
|
Type |
Notice
|
Subtype |
Notice of Inability
|
Description |
Notice of Inability
|
On Behalf Of |
Palm Beach Clerk
|
|
Docket Date |
2025-01-03
|
Type |
Response
|
Subtype |
Response
|
Description |
Corrected Response in Opposition to Third Party Purchaser's Motion to Relinquish Jurisdiction
|
On Behalf Of |
Mark Gerard Keegan *W*
|
|
Docket Date |
2025-01-02
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Motion to Relinquish Jurisdiction
|
On Behalf Of |
Mark Gerard Keegan *W*
|
|
Docket Date |
2024-12-06
|
Type |
Motions Other
|
Subtype |
Motion To Relinquish Jurisdiction
|
Description |
Motion To Relinquish Jurisdiction
|
|
Docket Date |
2024-12-06
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORDERED that Appellee Spotlight Residential Real Estate, LLC's December 4, 2024 motion to relinquish jurisdiction and December 5, 2024 corrected motion to relinquish jurisdiction are stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that they are computer-generated documents which do not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) ("Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font."). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
View |
View File
|
|
Docket Date |
2024-12-05
|
Type |
Motions Other
|
Subtype |
Motion To Relinquish Jurisdiction
|
Description |
Corrected Motion To Relinquish Jurisdiction
|
|
Docket Date |
2024-12-04
|
Type |
Motions Other
|
Subtype |
Motion To Relinquish Jurisdiction
|
Description |
Motion To Relinquish Jurisdiction
|
|
Docket Date |
2024-12-04
|
Type |
Order
|
Subtype |
Order on Motion For Substitution of Counsel
|
Description |
ORDERED that, pursuant to the stipulation for substitution of counsel filed December 3, 2024, the law firm of Ticktin Law Group is substituted for the law firm of Sasson Law as counsel for Appellee in the above-styled cause.
|
View |
View File
|
|
Docket Date |
2024-12-03
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion For Substitution of Counsel
|
Description |
Motion For Substitution of Counsel
|
|
Docket Date |
2024-11-06
|
Type |
Order
|
Subtype |
Order
|
Description |
On November 5, 2024, Appellant sent an ex parte communication by email to three members of the court's staff whose email addresses are not publicly available on the court's website, in which he posed various questions concerning his case, none of which were related to the ruling set forth in the court's November 1, 2024 order. Specifically, Appellant requested that court staff identify an individual who may have worked on his case.
To the extent that Appellant had concerns for the court regarding his case, those concerns should have been raised in a proper pleading filed with the court and served on opposing counsel. Appellant's November 5, 2024 email to court staff constitutes conduct that may violate Rule 4-3.5 of the Rules Regulating the Florida Bar, including the prohibition on ex parte communications.
The Clerk of this court is directed to place Appellant's email to court staff on the docket and provide a copy of the email to the court's Marshal. Appellant is advised that there is no requirement that any judge of this court affix a signature to an order and all the court's orders are certified with the Clerk's signature, consistent with the practice in all six Florida district courts of appeal as well as the Florida Supreme Court. The court notes that Appellant is a member of the Florida Bar who has handled multiple appeals in Florida's appellate courts; as a result, Appellant should be well aware of this practice. Finally, the "*w*" notation next to the Appellant's name in the service list indicates that Appellant has been previously warned by the court.
Therefore, it is ORDERED that Appellant shall stop the practice of sending ex parte communications directly to individual members of the court staff. Further instances of improper ex parte communications by Appellant to court staff may result in the imposition of sanctions, including but not limited to a finding of contempt and/or referral to the Florida Bar for disciplinary proceedings.
|
View |
View File
|
|
Docket Date |
2024-10-16
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
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.
|
View |
View File
|
|
|
MARK G. KEEGAN, Appellant(s) v. TRACEY C. NEFF and FIFTH THIRD BANK, Appellee(s).
|
4D2024-2045
|
2024-08-13
|
Open
|
|
Classification |
NOA Non Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502022CA002420
|
Parties
Name |
Mark Gerard Keegan
|
Role |
Appellant
|
Status |
Active
|
|
Name |
Tracey Neff
|
Role |
Appellee
|
Status |
Active
|
Representations |
Brett Lewen Goldblatt
|
|
Name |
Hon. Carolyn Ruth Bell
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Palm Beach Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
FIFTH THIRD BANK
|
Role |
Appellee
|
Status |
Active
|
Representations |
Jonathan W. Mesker, Gavin William MacMillan
|
|
Docket Entries
Docket Date |
2024-11-09
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Appellant's Response In Opposition To Appellees' Motions For Extension Of Time To File Answer Briefs And Motion For Order Requiring Appellees To Show Cause Why The Indefensible Orders On Appeal Should Not Be Reversed And Why Sanctions Should Not Be Imposed On Appellees For Their Failure To Confess Error
|
|
Docket Date |
2024-11-02
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Neff's Motion for Extension of Time to Serve Answer Brief
|
|
Docket Date |
2024-11-14
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
ORDERED that appellant's November 8, 2024 motion for order to show cause is denied without prejudice to raising the substantive arguments in the reply brief.
|
View |
View File
|
|
Docket Date |
2024-10-31
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Motion for Extension of Time to Serve Answer Brief
|
|
Docket Date |
2024-10-14
|
Type |
Order
|
Subtype |
Order on Request for Emergency Treatment
|
Description |
ORDERED that the appellant's October 11, 2024 request for emergency treatment is denied. The court will handle the filing in the normal course of business. No motion for rehearing as to this order will be entertained.
|
View |
View File
|
|
Docket Date |
2024-10-11
|
Type |
Motions Other
|
Subtype |
Request for Emergency Treatment
|
Description |
Request for Emergency Treatment
|
|
Docket Date |
2024-10-04
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
|
Docket Date |
2024-10-04
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Initial Brief of Appellant, Mark G. Keegan
|
|
Docket Date |
2024-10-04
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief
|
View |
View File
|
|
Docket Date |
2024-09-10
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Motion to Dismiss
|
|
Docket Date |
2024-09-06
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to File Response
|
Description |
ORDERED that Appellant's September 3, 2024 motion for extension of time is granted, and the time for filing a response is extended to September 9, 2024.
|
View |
View File
|
|
Docket Date |
2024-09-05
|
Type |
Response
|
Subtype |
Response
|
Description |
Appellee's Response Pursuant to August 21, 2024 Order of the Court
|
On Behalf Of |
Fifth Third Bank
|
|
Docket Date |
2024-09-05
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Lis Pendens
|
|
Docket Date |
2024-09-03
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to Respond to Motion to Dismiss
|
|
Docket Date |
2024-09-03
|
Type |
Miscellaneous Document
|
Subtype |
Pay Case Filing Fee-300
|
Description |
Pay Case Filing Fee-300
|
View |
View File
|
|
Docket Date |
2024-08-21
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal
|
On Behalf Of |
Palm Beach Clerk
|
|
Docket Date |
2024-08-21
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss
|
|
Docket Date |
2024-08-20
|
Type |
Motions Other
|
Subtype |
Motion To Appear Forma Pauperis
|
Description |
Motion For Order Directing the Clerk to Credit Filing Fee or Alternatively, Motion for Leave to Proceed in Forma Pauperis and Affidavit of Indigent Status
|
|
Docket Date |
2024-08-17
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Fifth Third Bank
|
|
Docket Date |
2024-08-13
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
View |
View File
|
|
Docket Date |
2024-08-13
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal
|
|
Docket Date |
2024-08-09
|
Type |
Misc. Events
|
Subtype |
Certificate of Service
|
Description |
Notice of Correction Re: Certificate of Service
|
|
Docket Date |
2024-12-26
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORDERED that Appellee's answer brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.210 in that the table of contents does not contain headings/subheadings that identify the issues presented for review. An amended brief in compliance with the rules shall be filed within ten (10) days from the date of this order. The time for any responsive briefing shall be tolled until service of this amended brief.
|
View |
View File
|
|
Docket Date |
2024-12-26
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix
|
On Behalf Of |
Tracey Neff
|
|
Docket Date |
2024-12-26
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Answer Brief
|
On Behalf Of |
Tracey Neff
|
View |
View File
|
|
Docket Date |
2024-12-24
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix
|
On Behalf Of |
Fifth Third Bank
|
|
Docket Date |
2024-12-24
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Answer Brief
|
On Behalf Of |
Fifth Third Bank
|
View |
View File
|
|
Docket Date |
2024-12-09
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
ORDERED that Appellees', Tracey Neff and Fifth Third Bank, December 3, 2024 motions for extension of time is granted, and Appellees shall serve the answer briefs within fifteen (15) days from the date of this order. In addition, Appellees are notified that the failure to serve the brief within the time provided herein may foreclose Appellees' right to file a brief or otherwise participate in this appeal.
|
View |
View File
|
|
Docket Date |
2024-12-04
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Motion for Extension of Time to Serve Answer Brief
|
|
Docket Date |
2024-11-13
|
Type |
Order
|
Subtype |
Order on Motion to Stay
|
Description |
ORDERED that appellant's October 11, 2024 motion to stay is treated as a motion for review and is denied. Everett v. Everett, 196 So. 3d 483, 484 (Fla. 1st DCA 2016) ("We review the lower tribunal's decision on the motion to stay under the 'highly deferential' abuse of discretion standard. . . . The idea is that the court most familiar with the controversy is in the best posture to determine the appropriateness and conditions of a stay."); Lampert-Sacher v. Sacher, 120 So. 3d 667, 668 (Fla. 1st DCA 2013) ("A party seeking to stay the lower tribunal order pending appeal should demonstrate a likelihood of prevailing on appeal, irreparable harm to movant if the motion is not granted, or a showing that a stay would be in the public interest."). Further, ORDERED that appellant's motion to consolidate is denied. Further,
ORDERED that appellees' October 31, 2024 and November 1, 2024 motions for extensions of time are granted, and appellees shall serve the answer briefs on or before December 4, 2024. In addition, appellees are notified that the failure to serve the briefs within the time provided herein may foreclose appellees' right to file briefs or otherwise participate in this appeal.
|
View |
View File
|
|
Docket Date |
2024-09-16
|
Type |
Order
|
Subtype |
Order on Motion To Dismiss
|
Description |
ORDERED that, upon consideration of appellant's September 9, 2024 response, which contains appellant's notice of voluntarily withdrawal of his appeal of the trial court's July 8, 2024 "Order Granting in Part and Denying in Part Neff's Verified Claim to Surplus Funds and Granting Neff's Motion for Attorney's Fees and Costs" as untimely filed, this appeal is dismissed in part as to said order. Further,
ORDERED that, upon consideration of appellant's September 9, 2024 response, appellee's August 21, 2024 motion to dismiss is granted, and this appeal is dismissed in part as to the trial court's August 2, 2024 order denying emergency treatment. See Pineside Condo. Ass'n, Inc. v. Rey, 342 So. 3d 741 (Fla. 3d DCA 2022) ("Appeals of nonfinal orders that fall outside the scope of Florida Rule of Appellate Procedure 9.130(a)(3) must be dismissed."). Appellant's request to treat the notice of appeal as a petition for writ of certiorari as to this order is denied. See Abbey v. Patrick, 16 So. 3d 1051, 1053-54 (Fla. 1st DCA 2009)("[Certiorari] is not a remedy that can be used simply because the order in question is not appealable....").
|
View |
View File
|
|
Docket Date |
2024-08-21
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORDERED that Appellees are directed to respond, within fifteen (15) days from the date of this order, to Appellant's August 20, 2024 "Motion For Order Directing the Clerk to Credit Filing Fee or Alternatively, Motion for Leave to Proceed in Forma Pauperis and Affidavit of Indigent Status".
|
View |
View File
|
|
|
GREGORY MAKI AND ELIZABETH MAKI VS WILMINGTON SAVINGS FUND SOCIETY FSB, D/B/A CHRISTIANA TRUST, ET AL.
|
2D2022-0786
|
2022-03-11
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Lee County
19-CA-007826
|
Parties
Name |
GREGORY MAKI
|
Role |
Appellant
|
Status |
Active
|
|
Name |
ELIZABETH MAKI
|
Role |
Appellant
|
Status |
Active
|
|
Name |
WILMINGTON SAVINGS FUND SOCIETY FSB, D/B/A CHRISTIANA TRUST
|
Role |
Appellee
|
Status |
Active
|
Representations |
ROBERTSON, ANSCHUTZ & SCHNEID, CRANE, & PARTNERS PLLC, SCOTT A. BEATTY, ESQ.
|
|
Name |
FIFTH THIRD BANK
|
Role |
Appellee
|
Status |
Active
|
|
Name |
NCP BAYOU 2, LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
AS TRUSTEE FOR PRETIUM MORTGAGE ACQUISITION TRUST
|
Role |
Appellee
|
Status |
Active
|
|
Name |
PIP FUNDING, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
HON. JAMES SHENKO
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
LEE CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2022-05-03
|
Type |
Misc. Events
|
Subtype |
Case Closed
|
Description |
Case Closed
|
|
Docket Date |
2022-04-13
|
Type |
Order
|
Subtype |
Order Vacating/Withdrawing Order
|
Description |
ORDER VACATED ~ This court's March 14, 2022, order holding the appeal in abeyance is vacated.
|
|
Docket Date |
2022-04-13
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge ~ SILBERMAN, KELLY, and STARGEL
|
|
Docket Date |
2022-04-13
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
dismiss appeal nonfinal/nonappealable order ~ This appeal is dismissed as from a nonfinal, nonappealable order. This court'sMarch 14, 2022, order holding the appeal in abeyance is vacated.
|
|
Docket Date |
2022-04-01
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLANTS' MEMORANDUM IN SUPPORT OF APPELLATE JURISDICTION
|
On Behalf Of |
GREGORY MAKI
|
|
Docket Date |
2022-03-14
|
Type |
Order
|
Subtype |
Show Cause Jurisdiction
|
Description |
OSC/Better Gov't Ass'n [summary judgment) ~ Appellant shall show cause within twenty days why this appeal should not be dismissed for lack of jurisdiction. See Wahl v. Taylor, 926 So. 2d 488, 489 (Fla. 2d DCA 2006) ("[A]n order merely granting a motion for summary judgment is not a final order."); Better Gov't Ass'n of Sarasota Cty. v. State, 802 So. 2d 414 (Fla. 2d DCA 2001). Jurisdiction is relinquished to the extent necessary to allow the trial court to enter an appealable, final order. Should appellant provide this court with such an appealable, final order within twenty days, this premature appeal will be mature and will proceed to consideration. See Fla. R. App. P. 9.110(l) (stating that if a notice of appeal is prematurely filed before rendition of a final order, "the lower tribunal retains jurisdiction to render a final order"). If appellant fails to present an appealable order within that time frame, or persuade this court that the existing order is appealable, this appeal will be subject to dismissal without further notice.
|
|
Docket Date |
2022-03-14
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2022-03-11
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ W/ORDER
|
On Behalf Of |
GREGORY MAKI
|
|
Docket Date |
2022-03-11
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|
DARRIN C. LAVINE VS U.S. BANK, NATIONAL ASSOCIATION AS LEGAL TITLE TRUSTEE FOR TRUMAN 2016 SC6 TITLE TRUST, VANESSSA R. LANE, RONALD L. LANE, JR. A/K/A RON LANE, ET AL
|
5D2021-2653
|
2021-10-26
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
5th District Court of Appeal
|
Originating Court |
Circuit Court for the Eighteenth Judicial Circuit, Seminole County
2016-CA-001051
|
Parties
Name |
Darrin C. Lavine
|
Role |
Appellant
|
Status |
Active
|
|
Name |
FIFTH THIRD BANK
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Ronald L. Lane, Jr.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
BARCLAY PLACE AT HEATHROW ASSOCIATION, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
BRADCO SUPPLY CORPORATION
|
Role |
Appellee
|
Status |
Active
|
|
Name |
U.S. Bank, National Association, as Legal Title Trustee for Truman 2016 SC6 Title Trust
|
Role |
Appellee
|
Status |
Active
|
Representations |
Roy A. Diaz, Jennifer A. Englert, Kathleen Achille, Chris Lim, Jennifer L. Davis
|
|
Name |
RBC BANK (USA)
|
Role |
Appellee
|
Status |
Active
|
|
Name |
LANE ENTERPRISES, L.L.C.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
PNC Bank, National Association
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Vanessa R. Lane
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Susan Stacy
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk Seminole
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2022-05-04
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ TO 6/13
|
On Behalf Of |
U.S. Bank, National Association, as Legal Title Trustee for Truman 2016 SC6 Title Trust
|
|
Docket Date |
2022-04-04
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Darrin C. Lavine
|
|
Docket Date |
2022-07-18
|
Type |
Record
|
Subtype |
Returned Records
|
Description |
Returned Records ~ NO RECORD E-FILED
|
|
Docket Date |
2022-07-18
|
Type |
Mandate
|
Subtype |
Notice Memorandum
|
Description |
Notice Memorandum
|
|
Docket Date |
2022-06-24
|
Type |
Order
|
Subtype |
Order on Motion/Notice Voluntary Dismissal (non-dispositive)
|
Description |
Order Granting Voluntary Dismissal ~ AE'S MOT EOT DENIED AS MOOT
|
|
Docket Date |
2022-06-24
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2022-06-22
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal
|
On Behalf Of |
Darrin C. Lavine
|
|
Docket Date |
2022-06-20
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extensio of time to file Answer Brief ~ DENIED AS MOOT PER 6/24 ORDER
|
On Behalf Of |
U.S. Bank, National Association, as Legal Title Trustee for Truman 2016 SC6 Title Trust
|
|
Docket Date |
2022-06-14
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORD-Stricken ~ AE W/IN 5 DYS FILE APPROPRIATE MOTION OR AB; NTC OF AGREED EOT STRICKEN
|
|
Docket Date |
2022-06-13
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ STRICKEN PER 6/14 ORDER
|
On Behalf Of |
U.S. Bank, National Association, as Legal Title Trustee for Truman 2016 SC6 Title Trust
|
|
Docket Date |
2022-02-22
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Grant EOT for Initial Brief ~ INITIAL BRF BY 4/4; ABSENT EXTENUATING CIRCUMSTANCES, ADDITIONAL EXTENSIONS OF TIME WILL BE DENIED.
|
|
Docket Date |
2022-02-17
|
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 |
Darrin C. Lavine
|
|
Docket Date |
2022-01-18
|
Type |
Order
|
Subtype |
Order Discharging Show Cause Order
|
Description |
ORD-Discharging Show Cause
|
|
Docket Date |
2022-01-18
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 5327 PAGES
|
On Behalf Of |
Clerk Seminole
|
|
Docket Date |
2022-01-11
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Record-on-Appeal ~ AA W/IN 10 DYS
|
|
Docket Date |
2022-01-03
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief ~ 45 DAYS
|
On Behalf Of |
Darrin C. Lavine
|
|
Docket Date |
2021-11-18
|
Type |
Order
|
Subtype |
Order Discharging Show Cause Order
|
Description |
ORD-Discharging Show Cause ~ RESPONSE ACKNOWLEDGED; AMENDED NOA ACCEPTED; OTSC DISCHARGED
|
|
Docket Date |
2021-11-18
|
Type |
Notice
|
Subtype |
Amended Notice of Appeal
|
Description |
Amended Notice of Appeal
|
On Behalf Of |
Clerk Seminole
|
|
Docket Date |
2021-11-17
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ PER 11/16 ORDER W/ AMENDED NOA ATTACHED
|
On Behalf Of |
Darrin C. Lavine
|
|
Docket Date |
2021-11-16
|
Type |
Order
|
Subtype |
Order to Show Cause
|
Description |
Order - Show Cause for failure to file amended NOA ~ AA W/IN 10 DYS
|
|
Docket Date |
2021-11-09
|
Type |
Order
|
Subtype |
Order on Motion For Review
|
Description |
ORD-Grant Motion for Review ~ LT'S ORDER DENYING MOTION TO STAY IS AFFIRMED
|
|
Docket Date |
2021-11-08
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
CASE FILING FEE PAID THROUGH PORTAL
|
On Behalf Of |
Darrin C. Lavine
|
|
Docket Date |
2021-11-08
|
Type |
Motions Other
|
Subtype |
Motion To Stay
|
Description |
Emergency Motion To Stay
|
On Behalf Of |
Darrin C. Lavine
|
|
Docket Date |
2021-11-04
|
Type |
Order
|
Subtype |
Amended/Additional Filing(s) Needed
|
Description |
ORD-AA to File Amended NOA ~ AA W/IN 10 DYS
|
|
Docket Date |
2021-10-26
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ FILED 10/25/21
|
On Behalf Of |
Darrin C. Lavine
|
|
Docket Date |
2021-10-26
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Order to pay filing fee - Civil appeal (300)
|
|
Docket Date |
2021-10-26
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgement Letter 1
|
|
Docket Date |
2021-10-26
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
|
DANIEL RODRIGUEZ AND LINDA G. RODRIGUEZ VS WELLS FARGO BANK, N.A., DARRIN C. LAVINE A/K/A DARRIN LA VINE A/K/A DARRIN LAVINE, INDIVIDUALLY AND AS TRUSTEE FOR RODRIGUEZ HOLDING COMPANIES, BRADCO SUPPLY CORPORATION, CAMERON GROVE, ETC., ET AL.
|
5D2019-1360
|
2019-05-10
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
5th District Court of Appeal
|
Originating Court |
Circuit Court for the Eighteenth Judicial Circuit, Seminole County
2017-CA-001773
|
Parties
Name |
DANIEL RODRIGUEZ L L C
|
Role |
Appellant
|
Status |
Active
|
Representations |
Mitchell Davis, Scott A. Smothers
|
|
Name |
LINDA G. RODRIGUEZ
|
Role |
Appellant
|
Status |
Active
|
|
Name |
FIFTH THIRD BANK
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Wells Fargo Bank, National Association
|
Role |
Appellee
|
Status |
Active
|
Representations |
Joseph N. Dayan, Brittney Lauren Difato, Emily Y. Rottmann, Colleen Murphy-Davis, Sara F. Holladay-Tobias, Kathleen D. Dackiewicz, Nicole Ramirez
|
|
Name |
PNC Bank National Association
|
Role |
Appellee
|
Status |
Active
|
|
Name |
COLE, SCOTT & KISSANE, P.A.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Darrin C. Lavine
|
Role |
Appellee
|
Status |
Active
|
|
Name |
CAMERON GROVE HOMEOWNERS ASSOCIATION, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
BRADCO SUPPLY CORPORATION
|
Role |
Appellee
|
Status |
Active
|
|
Name |
RODRIGUEZ HOLDING COMPANIES
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Debra S. Nelson
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk Seminole
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2020-05-05
|
Type |
Record
|
Subtype |
Returned Records
|
Description |
Returned Records ~ NO RECORD EFILED
|
|
Docket Date |
2020-05-05
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2020-04-16
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ TO MOT FOR WRITTEN OPIN
|
On Behalf Of |
Wells Fargo Bank, National Association
|
|
Docket Date |
2020-04-16
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing
|
Description |
Order Deny Rehearing ~ FOR WRITTEN OPINION
|
|
Docket Date |
2020-04-01
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion For Rehearing ~ FOR WRITTEN OPINION
|
On Behalf Of |
DANIEL RODRIGUEZ
|
|
Docket Date |
2020-03-17
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Order Deny Fees & Cost
|
|
Docket Date |
2020-03-17
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed ~ PCA
|
|
Docket Date |
2020-02-12
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ OF UNAVAILABILITY
|
On Behalf Of |
DANIEL RODRIGUEZ
|
|
Docket Date |
2019-12-12
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
DANIEL RODRIGUEZ
|
|
Docket Date |
2019-11-12
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
Wells Fargo Bank, National Association
|
|
Docket Date |
2019-10-10
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ TO 11/11
|
On Behalf Of |
Wells Fargo Bank, National Association
|
|
Docket Date |
2019-09-09
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ TO 10/11
|
On Behalf Of |
Wells Fargo Bank, National Association
|
|
Docket Date |
2019-08-28
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Wells Fargo Bank, National Association
|
|
Docket Date |
2019-08-12
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
DANIEL RODRIGUEZ
|
|
Docket Date |
2019-08-12
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Fees and Cost ~ FOR MERIT PANEL CONSIDERATION; DENIED PER 3/17 ORDER
|
On Behalf Of |
DANIEL RODRIGUEZ
|
|
Docket Date |
2019-07-24
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 1869 PAGES
|
On Behalf Of |
Clerk Seminole
|
|
Docket Date |
2019-06-24
|
Type |
Misc. Events
|
Subtype |
Court Reporter Acknowledgement Letter
|
Description |
Court Reporter Ack. Letter
|
|
Docket Date |
2019-05-31
|
Type |
Order
|
Subtype |
Order Declining Referral to Mediation
|
Description |
ORD- Declining Referral to Mediation ~ IB W/IN 70 DAYS
|
|
Docket Date |
2019-05-31
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ OF UNAVAILABILITY
|
On Behalf Of |
DANIEL RODRIGUEZ
|
|
Docket Date |
2019-05-21
|
Type |
Mediation
|
Subtype |
Mediation Questionnaire
|
Description |
Mediation Questionnaire ~ AE SARA F. HOLLADAY-TOBIAS 0026225
|
On Behalf Of |
Wells Fargo Bank, National Association
|
|
Docket Date |
2019-05-20
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Wells Fargo Bank, National Association
|
|
Docket Date |
2019-05-13
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
CASE FILING FEE PAID THROUGH PORTAL
|
On Behalf Of |
DANIEL RODRIGUEZ
|
|
Docket Date |
2019-05-13
|
Type |
Mediation
|
Subtype |
Confidential Statement
|
Description |
Confidential Statement ~ AA SCOTT A. SMOTHERS 0028489
|
On Behalf Of |
DANIEL RODRIGUEZ
|
|
Docket Date |
2019-05-10
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgement Letter 1
|
|
Docket Date |
2019-05-10
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2019-05-10
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ FILED BELOW 5/9/19
|
On Behalf Of |
DANIEL RODRIGUEZ
|
|
Docket Date |
2019-05-10
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Order to pay filing fee - Civil appeal (300)
|
|
|