Classification |
NOA Final - Circuit Civil - Other
|
Court |
6th District Court of Appeal
|
Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County
2019-CA-12380-O
|
Parties
Name |
ROSA COLIN
|
Role |
Appellant
|
Status |
Active
|
Representations |
James Gerald Jean-Francois
|
|
Name |
GERTA COLIN-BRICE
|
Role |
Appellee
|
Status |
Active
|
Representations |
Shawn Gordon Rader
|
|
Name |
JEAN BRICE
|
Role |
Appellee
|
Status |
Active
|
Representations |
Shawn Gordon Rader
|
|
Name |
UNIVERSAL MORTGAGE & FINANCE, INC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Shawn Gordon Rader
|
|
Name |
RIGAUD COLIN
|
Role |
Appellee
|
Status |
Active
|
Representations |
Shawn Gordon Rader
|
|
Name |
Hon. Denise Kim Beamer
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Orange Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2024-11-21
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Appellant's motion for extension of time to serve the initial brief is granted. The initial brief shall be served within thirty days from the date of this order. Appellant is cautioned that future motions for extension of time shall include a certificate of consultation with opposing counsel, Shawn Gordon Rader, Esq., in compliance with Florida Rule of Appellate Procedure 9.300(a).
|
View |
View File
|
|
Docket Date |
2024-11-14
|
Type |
Record
|
Subtype |
Record on Appeal Redacted
|
Description |
Record - REDACTED - 1841 pages
|
On Behalf Of |
Orange Clerk
|
|
Docket Date |
2024-11-12
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF: OPPOSED BY APPELLEE
|
On Behalf Of |
ROSA COLIN
|
|
Docket Date |
2024-08-20
|
Type |
Order
|
Subtype |
Order Declining Referral to Mediation
|
Description |
This Court has reviewed the Mediation Questionnaire and related materials submitted by the parties and has determined that the instant appeal is not appropriate for mediation. Accordingly, the ten-day time period for filing directions to the clerk and designations to the court reporter, the fifty-day time period for preparing the record and serving copies of the index, the sixty-day time period for filing the record on appeal, and the seventy-day time period for filing of Appellant's Initial Brief shall commence as of the date of this order.
|
View |
View File
|
|
Docket Date |
2024-08-06
|
Type |
Order
|
Subtype |
Mediation Letter to LT
|
Description |
This case is now under consideration for appellate mediation, and a decision will be made shortly whether to order mediation. An order will be issued advising you of that decision. If mediation is ordered, the time for preparing the record will not begin to run until the mediation process is complete.
|
View |
View File
|
|
Docket Date |
2024-08-06
|
Type |
Miscellaneous Document
|
Subtype |
Pay Case Filing Fee-300
|
Description |
Pay Case Filing Fee-300
|
On Behalf Of |
ROSA COLIN
|
View |
View File
|
|
Docket Date |
2024-08-06
|
Type |
Event
|
Subtype |
Fee Satisfied
|
Description |
Fee Satisfied
|
|
Docket Date |
2024-08-01
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.
If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.
If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice."
|
View |
View File
|
|
Docket Date |
2024-08-01
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
View |
View File
|
|
Docket Date |
2024-08-01
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal WITH ORDER
|
On Behalf Of |
ROSA COLIN
|
View |
View File
|
|
Docket Date |
2025-01-03
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Motion for Extension of Time to Serve Answer Brief
|
On Behalf Of |
GERTA COLIN-BRICE
|
|
Docket Date |
2024-12-20
|
Type |
Brief
|
Subtype |
Amended Initial Brief
|
Description |
(Amended To Include Briefing Statements)
|
On Behalf Of |
ROSA COLIN
|
|
Docket Date |
2024-12-19
|
Type |
Record
|
Subtype |
Appendix to Initial Brief
|
Description |
Appendix to Initial Brief
|
On Behalf Of |
ROSA COLIN
|
|
Docket Date |
2024-12-19
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief
|
On Behalf Of |
ROSA COLIN
|
|
|
Classification |
Original Proceedings - Circuit Civil - Mandamus
|
Court |
6th District Court of Appeal
|
Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County
2019-CA-12380
|
Parties
Name |
ROSA COLIN
|
Role |
Appellant
|
Status |
Active
|
Representations |
JAMES G JEAN-FRANCOIS, ESQ.
|
|
Name |
GERTA COLIN-BRICE
|
Role |
Appellee
|
Status |
Active
|
Representations |
SHAWN GORDON RADER, ESQ.
|
|
Name |
UNIVERSAL MORTGAGE & FINANCE, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
JEAN BRICE
|
Role |
Appellee
|
Status |
Active
|
|
Name |
UNKNOWN PERSONS IN POSSESSION
|
Role |
Appellee
|
Status |
Active
|
|
Name |
RIGAUD COLIN
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Denise Beamer
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
TIFFANY RUSSELL, CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2024-06-18
|
Type |
Order
|
Subtype |
Order
|
Description |
As it appears no final judgment has been entered in the case from which an appeal could be taken following the lower tribunal's granting of summary judgment, and Petitioner/Plaintiff having sought entry of a final judgment on March 8, 2022, Judge Beamer shall respond in twenty days to indicate why the petition for writ of mandamus should not be granted in light of Atrium Medical Corporation v. MSP Recovery Claims, Series, LLC, 367 So. 3d 573, 574 (Fla. 3d DCA 2023).
cc: pet., resp., clerk, Judge Beamer.
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View |
View File
|
|
Docket Date |
2024-10-31
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
View |
View File
|
|
Docket Date |
2024-07-23
|
Type |
Disposition by Order
|
Subtype |
Denied
|
Description |
Petitioner's petition for writ of mandamus is denied as moot.
|
View |
View File
|
|
Docket Date |
2024-06-27
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to the Petition for Writ of Mandamus
|
On Behalf Of |
Hon. Denise Beamer
|
|
Docket Date |
2024-02-19
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant Reply Brief
|
On Behalf Of |
ROSA COLIN
|
|
Docket Date |
2024-01-11
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLEES, GERTA COLIN-BRICE AND JEAN BRICE'S RESPONSETO APPELLANT'S PETITION FOR WRIT OF MANDAMUS
|
On Behalf Of |
GERTA COLIN-BRICE
|
|
Docket Date |
2023-12-28
|
Type |
Order
|
Subtype |
Order
|
Description |
MISCELLANEOUS ORDER ~ Pursuant to this court's order of September 20, 2023, followed by thefiling of the petition for writ of mandamus by petitioner on October 16, 2023,respondents' response to that petition is overdue. Respondent shall respond tothe petition in keeping with this court's prior order within fifteen days from thedate of this order, failing which this court may consider the imposition ofsanctions for failing to respond to this court's orders.
|
|
Docket Date |
2023-10-16
|
Type |
Petition
|
Subtype |
Petition Mandamus
|
Description |
Petition Mandamus
|
On Behalf Of |
ROSA COLIN
|
|
Docket Date |
2023-09-20
|
Type |
Order
|
Subtype |
Order
|
Description |
ORD-AMENDED ORDER ~ The appellant's motion for clarification is granted to the extent that the notice of appeal is treated as a preliminary petition for writ of mandamus. See, e.g., Atrium Med. Corp. v. MSP Recovery Claims, Series, LLC, 48 Fla. L. Weekly D1325 (Fla. 3d DCA July 5, 2023) (citing cases). The appellant, now petitioner, shall serve a substantive petition in accordance with Florida Rule of Appellate Procedure 9.100(b), (e), (g) within 30 days of the date of this order. The appellees, now respondents, shall serve a response or responses within 30 days of the service of the petition. The petitioner may reply in accordance with rule 9.100(k). This court's February 16, 2023, order is discharged.
|
|
Docket Date |
2023-09-15
|
Type |
Order
|
Subtype |
Order on Motion For Clarification
|
Description |
Grant Clarification-77 ~ **AMENDED- SEE 09/20/23 ORDER** The appellant's motion for clarification is granted to the extent that the notice of appeal is treated as a preliminary petition for writ of mandamus. See, e.g., Atrium Med. Corp. v. MSP Recovery Claims, Series, LLC, 48 Fla. L. Weekly D1325 (Fla. 3d DCA July 5, 2023) (citing cases). The appellant, now petitioner, shall serve a substantive petition in accordance with Florida Rule of Appellate Procedure 9.100(b), (e), (g) within 30 days of the date of this order. The appellees, now respondents, shall serve a response or responses within 30 days of the service of the petition. The petitioner may reply in accordance with rule 9.100(k). This court's February 27, 2023, order is discharged.
|
|
Docket Date |
2023-04-18
|
Type |
Post-Disposition Motions
|
Subtype |
Motion For Clarification
|
Description |
Motion For Clarification ~ APPELLANT'S MOTION FOR CLARIFICATION AS TOBRIEFING RESPONSIBILITIES FOLLOWING COURT'S ORDERDATED FEBRUARY 16, 2023 AND TRANSMISSION OF THERECORD ON APPEAL ON MARCH 21, 2023
|
On Behalf Of |
ROSA COLIN
|
|
Docket Date |
2023-03-21
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 1792 pages - BEAMER
|
On Behalf Of |
TIFFANY RUSSELL, CLERK
|
|
Docket Date |
2023-03-02
|
Type |
Record
|
Subtype |
Appendix to Response
|
Description |
APPENDICES /ATTACHMENTS TO RESPONSE
|
On Behalf Of |
ROSA COLIN
|
|
Docket Date |
2023-02-28
|
Type |
Order
|
Subtype |
Amended/Additional Filing(s) Needed
|
Description |
Corrected Appendix Required
|
|
Docket Date |
2023-02-27
|
Type |
Record
|
Subtype |
Appendix to Response
|
Description |
APPENDICES /ATTACHMENTS TO RESPONSE ~ *not bookmarked*
|
On Behalf Of |
ROSA COLIN
|
|
Docket Date |
2023-02-27
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLANT'S RESPONSE TO COURT'S ORDER DATED FEBRUARY 16, 2023
|
On Behalf Of |
ROSA COLIN
|
|
Docket Date |
2023-02-24
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ NOTICE OF INABILITY TO PRODUCE THE RECORD ON APPEAL
|
On Behalf Of |
TIFFANY RUSSELL, CLERK
|
|
Docket Date |
2023-02-16
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ **DISCHARGED-SEE 09/20/23 AMENDED ORDER** Upon consideration that the Notice of Appeal, filed January 1, 2023, seeks to establish this Court's jurisdiction from what appears to be a nonappealable, nonfinal order but the effect of which is to signal the finality of the case in the lower tribunal; and upon further consideration that that treatment of the Notice of Appeal as a Petition for Writ of Certiorari may be appropriate on the facts here presented. Appellant is ordered to advise this Court, within ten days of the date hereof, whether this case may properly proceed as a Petition for Writ of Certiorari and be re-designated as such. Appellee may file a reply to Appellant's response within ten days of service thereof.
|
|
Docket Date |
2023-02-14
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
fee - civil; atty
|
|
Docket Date |
2023-02-14
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2023-02-14
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid through Portal
|
On Behalf Of |
ROSA COLIN
|
|
Docket Date |
2023-01-17
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ WITH ORDER *NOA Treated as a preliminary Petition for Writ of Mandamus-SEE 09/15/23 order**
|
On Behalf Of |
ROSA COLIN
|
|
Docket Date |
2023-01-17
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
|