|
Alejandro A. Riocabo, et al., Appellant(s), v. CitiMortgage, Inc., et al., Appellee(s).
|
3D2023-2125
|
2023-11-28
|
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
09-6196
|
Parties
| Name |
Alejandro A. Riocabo
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Enrique Nieves, III, Jeffrey Howard Papell
|
|
| Name |
Maria E. Riocabo
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Enrique Nieves, III, Jeffrey Howard Papell
|
|
| Name |
CITIMORTGAGE, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FEDERAL NATIONAL MORTGAGE ASSOCIATION CORP
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Kathleen Danielle Dackiewicz, Sara F. Holladay, Emily Yandle Rottmann
|
|
| Name |
Hon. Ariana Fajardo Orshan
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-09-04
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-09-04
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-05-13
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief of Appellant
|
| On Behalf Of |
Alejandro A. Riocabo
|
| View |
View File
|
|
| Docket Date |
2024-05-13
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Alejandro A. Riocabo
|
| View |
View File
|
|
| Docket Date |
2024-05-13
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Appellant's Motion For Attorney's Fees
|
| On Behalf Of |
Alejandro A. Riocabo
|
| View |
View File
|
|
| Docket Date |
2024-04-11
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief of Appellee Fannie Mae
|
| On Behalf Of |
Federal National Mortgage Association
|
| View |
View File
|
|
| Docket Date |
2024-03-13
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Alejandro A. Riocabo
|
| View |
View File
|
|
| Docket Date |
2024-03-08
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Record
|
| On Behalf Of |
Miami-Dade Clerk
|
| View |
View File
|
|
| Docket Date |
2024-03-07
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Appellant Alejandro A. Riocabo's Motion to Supplement the
Record, filed on March 6, 2024, is granted, and the clerk of the trial court is
directed to supplement the record on appeal with the documents as stated
in said Motion.
|
| View |
View File
|
|
| Docket Date |
2024-03-06
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement Record
|
| On Behalf Of |
Alejandro A. Riocabo
|
| View |
View File
|
|
| Docket Date |
2024-02-26
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Record
|
| On Behalf Of |
Miami-Dade Clerk
|
| View |
View File
|
|
| Docket Date |
2024-02-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Appellant Alejandro A. Riocabo's Second Motion for Extension
of Time to file initial brief is hereby granted to and including March 13, 2024.
Multiple extensions of time for the same filing are discouraged. Absent
extenuating circumstances, subsequent requests may be denied.
|
| View |
View File
|
|
| Docket Date |
2024-02-23
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Appellant Alejandro A. Riocabo's Second Motion to Supplement
the Record, filed on February 21, 2024, is granted, and the clerk of the trial
court is directed to supplement the record on appeal with the documents as
stated in said Motion.
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| View |
View File
|
|
| Docket Date |
2024-02-21
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement Record
|
| On Behalf Of |
Maria E. Riocabo
|
| View |
View File
|
|
| Docket Date |
2024-02-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
| On Behalf Of |
Maria E. Riocabo
|
| View |
View File
|
|
| Docket Date |
2024-02-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Appellant Alejandro A. Riocabo's Amended Motion for Extension
of Time to file initial brief, filed on February 9, 2024, is noted.
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| View |
View File
|
|
| Docket Date |
2024-02-12
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
| View |
View File
|
|
| Docket Date |
2024-02-09
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Appellant Amended Motion for Extension of Time to Serve Initial Brief
|
| On Behalf Of |
Maria E. Riocabo
|
| View |
View File
|
|
| Docket Date |
2024-02-08
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Appellant Alejandro A. Riocabo's Motion to Supplement the
Record, filed on February 6, 2024, is granted, and the clerk of the trial court
is directed to supplement the record on appeal with the transcript as stated
in said Motion.
|
| View |
View File
|
|
| Docket Date |
2024-02-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief- 15 days to 02/21/2024(GRANTED)
|
| On Behalf Of |
Maria E. Riocabo
|
| View |
View File
|
|
| Docket Date |
2024-02-07
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Appellant Alejandro A. Riocabo's Motion to Supplement Record
|
| On Behalf Of |
Maria E. Riocabo
|
| View |
View File
|
|
| Docket Date |
2023-12-01
|
| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
|
| Docket Date |
2023-11-29
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Federal National Mortgage Association
|
| View |
View File
|
|
| Docket Date |
2023-11-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment of a New Case Letter. The 3DCA $300 filing fee for a notice of appeal is due.
|
| View |
View File
|
|
| Docket Date |
2023-11-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal-Related cases: 20-1776 and 16-2860
|
| On Behalf Of |
Maria E. Riocabo
|
| View |
View File
|
|
| Docket Date |
2024-08-14
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Upon consideration of Appellants' Motion for Appellate Fees and Costs, it is ordered that said Motion is hereby denied.
FERNANDEZ, LINDSEY and MILLER, JJ., concur.
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| View |
View File
|
|
| Docket Date |
2024-08-14
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| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2024-07-26
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Upon consideration, Appellant's Request for Oral Argument is hereby denied.
|
| View |
View File
|
|
| Docket Date |
2023-12-01
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Case Filing Fee $300 paid through the portal. Batch # 9664054
|
| On Behalf Of |
Maria E. Riocabo
|
| View |
View File
|
|
| Docket Date |
2023-11-29
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
This is to notify counsel for appellants 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 dollar ($300.00) fee is paid to the Clerk of the Court on or before December 29, 2023.
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| View |
View File
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CITIMORTGAGE, INC. VS VOLUSIA COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, VOLUSIA COUNTY CLERK OF COURT, FREDDIE DENISE POWERS, DOROTHY C. POWERS, FRED POWERS, JR., ESTATE OF DOROTHY J. POWERS, ET AL
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5D2023-2524
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2023-08-08
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Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
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| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventh Judicial Circuit, Volusia County
2020-30215-CICI
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Parties
| Name |
CITIMORTGAGE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Anthony R. Smith, Julio C. Bertemate
|
|
| Name |
Volusia Cty Circuit Crt Clerk
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Freddie Denise Powers
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Coast Federal Land Trust 612, Trustee Services, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Fred Powers, Jr.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Citifinancial Services Inc. 344, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Volusia County, Florida
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Capital One Bank USA, NA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ASSOCIATES FINANCIAL SERVICES OF AMERICA, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Citifinancial Services, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Dorothy C. Powers
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Dennis Craig
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Volusia Cty Circuit Crt Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Estate of Dorothy J. Powers
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Antonio Jaimes, John F. Lara, Sebrina Slack, MaryEllen P. Osterndorf
|
|
Docket Entries
| Docket Date |
2023-10-09
|
| Type |
Mandate
|
| Subtype |
Notice Memorandum
|
| Description |
Notice Memorandum
|
|
| Docket Date |
2023-10-09
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD EFILED
|
|
| Docket Date |
2023-09-15
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2023-09-15
|
| Type |
Order
|
| Subtype |
Order on Motion/Notice Voluntary Dismissal (non-dispositive)
|
| Description |
Order Granting Voluntary Dismissal
|
|
| Docket Date |
2023-09-14
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Citimortgage, Inc.
|
|
| Docket Date |
2023-08-09
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
CASE FILING FEE PAID THROUGH PORTAL
|
| On Behalf Of |
Citimortgage, Inc.
|
|
| Docket Date |
2023-08-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-08-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2023-08-08
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee - Civil appeal (300)
|
|
| Docket Date |
2023-08-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 8/2/2023
|
| On Behalf Of |
Citimortgage, Inc.
|
|
|
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BOYNTON BEACH 615, LLC, Appellant(s) v. U.S. BANK TRUST NATIONAL ASSOCIATION, et al., Appellee(s)
|
4D2023-1060
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2023-05-02
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Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502019CA015694
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Parties
| Name |
BOYNTON BEACH 615, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Gregory Bryl
|
|
| Name |
Danyil Holosenko
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Roman Moskalenko
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CITIMORTGAGE, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
David Rashiele
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Canterbury and Quantum Villas Association of Palm Beach, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
U.S. Bank Trust National Association
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Alex Funes, Matthew Fornaro, Michael W. Smith, Scott A Stoloff
|
|
| Name |
Zhezheria Valentyn
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Gregory M. Keyser
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-05-07
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Docket Entry - Returned Mail AE
|
|
| Docket Date |
2024-01-09
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-01-09
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-01-04
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Docket Entry
|
|
| Docket Date |
2023-10-27
|
| Type |
Notice
|
| Subtype |
Concession/Confession of Error
|
| Description |
Confession of Error
|
| On Behalf Of |
U.S. Bank Trust National Association
|
|
| Docket Date |
2023-09-27
|
| 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 |
2023-09-05
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Boynton Beach 615, LLC
|
|
| Docket Date |
2023-08-28
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **STRICKEN**
|
| On Behalf Of |
Boynton Beach 615, LLC
|
|
| Docket Date |
2023-08-28
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Boynton Beach 615, LLC
|
|
| Docket Date |
2023-08-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ **VACATED**ORDERED that appellant's August 10, 2023 motion for extension of time is granted, and appellant shall serve the initial brief within sixty (60) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2023-08-10
|
| 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 |
Boynton Beach 615, LLC
|
|
| Docket Date |
2023-08-04
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
U.S. Bank Trust National Association
|
|
| Docket Date |
2023-06-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that this court’s May 24, 2023 order is discharged. Further,ORDERED that appellant's June 5, 2023 motion for extension of time is granted, and appellant shall serve the initial brief within sixty (60) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2023-06-05
|
| 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 |
Boynton Beach 615, LLC
|
|
| Docket Date |
2023-05-24
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief/Apdx ~ **DISCHARGED**ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before June 5, 2023, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellant's initial brief and appendix have not been filed with this court as of this date, pursuant to Florida Rule of Appellate Procedure 9.130(e). Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief and appendix are filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2023-05-02
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Boynton Beach 615, LLC
|
|
| Docket Date |
2023-05-02
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-05-02
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Boynton Beach 615, LLC
|
|
| Docket Date |
2023-05-02
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
|
|
| Docket Date |
2023-12-20
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - On Confession of Error
|
| View |
View File
|
|
| Docket Date |
2023-09-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order on Motion for Extension of Time to Serve Answer Brief
|
| View |
View File
|
|
| Docket Date |
2023-08-30
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellant's appendix to the initial 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 contains bookmarks which are not 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.
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SHEILA R. MUNOZ VS CITIMORTGAGE, INC.
|
2D2022-3177
|
2022-09-27
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Tenth Judicial Circuit, Polk County
2018CA-001838
|
Parties
| Name |
SHEILA R. MUNOZ
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
James N. Charles, Esq.
|
|
| Name |
CITIMORTGAGE, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
NANCY M. WALLACE, ESQ., WILLIAM P. HELLER, ESQ., PAUL W. ETTORI, ESQ.
|
|
| Name |
POLK CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
HON. JAMES A. YANCEY
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-12-30
|
| Type |
Disposition
|
| Subtype |
Transferred
|
| Description |
Transferred - Order by Judge ~ Transferred to the 6DCA.
|
|
| Docket Date |
2022-12-30
|
| Type |
Disposition by Order
|
| Subtype |
Transferred
|
| Description |
Transfer to Sixth DCA
|
|
| Docket Date |
2022-12-12
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF INABILITY TO COMPLETE THE RECORD
|
| On Behalf Of |
POLK CLERK
|
|
| Docket Date |
2022-11-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served by January 10, 2023.
|
|
| Docket Date |
2022-11-23
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ MOTION FOR EXTENSION OF TIME TO FILE APPELLANT'SINITIAL BRIEF
|
| On Behalf Of |
SHEILA R. MUNOZ
|
|
| Docket Date |
2022-10-04
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1 ~ AMENDED
|
|
| Docket Date |
2022-10-03
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2022-10-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-10-03
|
| Type |
Misc. Events
|
| Subtype |
Certificate of Service
|
| Description |
Certificate of Service ~ AMENDED CERTIFICATE OF SERVICE OF NOTICE OF APPEAL
|
| On Behalf Of |
SHEILA R. MUNOZ
|
|
| Docket Date |
2022-10-03
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty ~ 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.
|
|
| Docket Date |
2022-09-27
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-09-27
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER
|
| On Behalf Of |
SHEILA R. MUNOZ
|
|
|
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SHEILA R. MUNOZ VS CITIMORTGAGE, INC.
|
6D2023-0804
|
2022-09-27
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
6th District Court of Appeal
|
| Originating Court |
Circuit Court for the Tenth Judicial Circuit, Polk County
2018CA-001838
|
Parties
| Name |
SHEILA R. MUNOZ
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
JAMES N. CHARLES, ESQ.
|
|
| Name |
RAYMOND MUNOZ
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CITIMORTGAGE, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
WILLIAM P. HELLER, ESQ., PAUL W. ETTORI, ESQ., NANCY M. WALLACE, ESQ.
|
|
| Name |
STACY BUTTERFIELD, CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
HON. JAMES A. YANCEY
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-10-16
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-10-05
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ **DISPENSED WITH OA**
|
|
| Docket Date |
2023-09-26
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2023-09-19
|
| 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 |
2023-09-06
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
NOTICE OF ORAL ARGUMENT ~ The Court has set the above cause for oral argument on October 5, 2023, at 9:30 a.m., at the Orange County Courthouse, 425 North Orange Ave., Courtroom 4D, Orlando, FL, 32801. Oral arguments are currently scheduled before judges John K. Stargel, Keith F. White, and Paetra T. Brownlee, although the panel composition and the time for the argument are subject to change without notice. The Oral Argument Schedule may be viewed on this Court's website, https://6dca.flcourts.gov. Whenever changes are made, the Oral Argument Schedule is amended to reflect the change. Therefore, you are advised to check the court’s website for the most current information.
|
|
| Docket Date |
2023-05-08
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
SHEILA R. MUNOZ
|
|
| Docket Date |
2023-05-08
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
SHEILA R. MUNOZ
|
|
| Docket Date |
2023-05-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORDER GRANTING APPELLANT'S REPLY BRIEF ~ Appellant's motions for extension of time to serve reply brief are granted. The reply brief shall be served within seven days from the date of this order. No further extension will be granted absent extenuating circumstances.
|
|
| Docket Date |
2023-04-24
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ THIRD MOTION FOR EXTENSION OF TIME TO FILEAPPELLANT'S REPLY BRIEF
|
| On Behalf Of |
SHEILA R. MUNOZ
|
|
| Docket Date |
2023-04-11
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ SECOND MOTION FOR EXTENSION OF TIME TO FILEAPPELLANT'S REPLY BRIEF
|
| On Behalf Of |
SHEILA R. MUNOZ
|
|
| Docket Date |
2023-03-31
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORDER GRANTING APPELLANT'S REPLY BRIEF ~ Appellant’s motion for extension of time to serve reply brief is granted. The reply brief shall be served on or before April 12, 2023.
|
|
| Docket Date |
2023-03-23
|
| 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 |
SHEILA R. MUNOZ
|
|
| Docket Date |
2023-02-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant’s motion for extension of time is granted. The initial brief is accepted as filed.
|
|
| Docket Date |
2023-02-22
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2023-02-10
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
SHEILA R. MUNOZ
|
|
| Docket Date |
2023-01-25
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ VOLUME 1/YANCEY - 206 PAGES
|
| On Behalf Of |
STACY BUTTERFIELD, CLERK
|
|
| Docket Date |
2023-01-04
|
| 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 |
SHEILA R. MUNOZ
|
|
| Docket Date |
2023-01-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-12-30
|
| Type |
Disposition by Order
|
| Subtype |
Transferred
|
| Description |
Transfer to Sixth DCA
|
|
| Docket Date |
2022-12-12
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF INABILITY TO COMPLETE THE RECORD
|
| On Behalf Of |
STACY BUTTERFIELD, CLERK
|
|
| Docket Date |
2022-11-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served by January 10, 2023.
|
|
| Docket Date |
2022-11-23
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ MOTION FOR EXTENSION OF TIME TO FILE APPELLANT'SINITIAL BRIEF
|
| On Behalf Of |
SHEILA R. MUNOZ
|
|
| Docket Date |
2022-10-04
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1 ~ AMENDED
|
|
| Docket Date |
2022-10-03
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty ~ 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.
|
|
| Docket Date |
2022-10-03
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2022-10-03
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
SHEILA R. MUNOZ
|
|
| Docket Date |
2022-10-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-09-27
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-09-27
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER
|
| On Behalf Of |
SHEILA R. MUNOZ
|
|
|
|
MATTHEW WOLTERS, Appellant(s) v. CITIMORTGAGE, INC., Appellee(s).
|
4D2022-1589
|
2022-06-13
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE15-006958
|
Parties
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Matthew Wolters
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CITIMORTGAGE, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Charles P. Gufford, Melissa Konick
|
|
| Name |
Hon. Andrea Gundersen
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-04-28
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-04-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that appellant's February 23, 2023 motion for written opinion is denied.
|
|
| Docket Date |
2023-04-11
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-02-23
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ "Motion for Request for Written Opinion"
|
| On Behalf Of |
Matthew Wolters
|
|
| Docket Date |
2023-02-09
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that appellee’s August 25, 2022 motion for award of appellate attorney's fees is granted. On remand, the trial court shall set the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection 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 |
2023-02-09
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2022-09-27
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Matthew Wolters
|
|
| Docket Date |
2022-09-27
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant's September 27, 2022 notice of change of address is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service or the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f). You are notified of the requirement to serve the appellee with a copy of everything you file with this court and to indicate in the certificate of service that you served the appellee and the address at which they were served. Appellant may re-file the document with a proper certificate of service which indicates service on the appellee within five (5) days from the date of this order.
|
|
| Docket Date |
2022-09-27
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address ~ ***STRICKEN***
|
| On Behalf Of |
Matthew Wolters
|
|
| Docket Date |
2022-08-26
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
CitiMortgage, Inc.
|
|
| Docket Date |
2022-08-26
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellee's appendix to the amended 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 contains bookmarks which are not 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 |
2022-08-26
|
| Type |
Brief
|
| Subtype |
Amended Answer Brief
|
| Description |
Amended Appellee's Answer Brief
|
| On Behalf Of |
CitiMortgage, Inc.
|
|
| Docket Date |
2022-08-25
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
CitiMortgage, Inc.
|
|
| Docket Date |
2022-08-25
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that 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 contains bookmarks which are not 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 |
2022-08-24
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
CitiMortgage, Inc.
|
|
| Docket Date |
2022-08-24
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ ***STRICKEN***
|
| On Behalf Of |
CitiMortgage, Inc.
|
|
| Docket Date |
2022-08-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's August 15, 2022 motion for extension of time is granted, and appellee shall serve the answer brief on or before September 13, 2022. 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 |
2022-08-15
|
| 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 |
CitiMortgage, Inc.
|
|
| Docket Date |
2022-08-09
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 568 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-07-20
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CitiMortgage, Inc.
|
|
| Docket Date |
2022-07-15
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Matthew Wolters
|
|
| Docket Date |
2022-07-15
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Matthew Wolters
|
|
| Docket Date |
2022-07-07
|
| 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 June 28, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before July 17, 2022. 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 |
2022-06-28
|
| 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 |
Matthew Wolters
|
|
| Docket Date |
2022-06-21
|
| Type |
Misc. Events
|
| Subtype |
Court Reporter Acknowledgement Letter
|
| Description |
Court Reporter Acknowledgement Letter
|
|
| Docket Date |
2022-06-13
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-06-13
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Matthew Wolters
|
|
| Docket Date |
2022-06-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-06-20
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Matthew Wolters
|
|
| Docket Date |
2022-06-16
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED sua sponte that the court determines that this appeal seeks review of an order entered on an authorized and timely motion for relief from judgment, which is reviewable by the method prescribed by Florida Rule of Appellate Procedure 9.130. Fla. R. App. P. 9.130(a)(5). Appellant shall serve an initial brief and an accompanying appendix within fifteen (15) days from the date of this order. See Fla. R. App. P. 9.130(e), 9.220. The clerk of the lower tribunal shall not transmit a record on appeal unless ordered by this court.
|
|
| Docket Date |
2022-06-13
|
| 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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), 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.
|
|
|
|
YANIV OFFIR VS CITIMORTGAGE, INC.
|
4D2022-0485
|
2022-02-16
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE12017033
|
Parties
| Name |
Yaniv Offir
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Mark L. Pomeranz
|
|
| Name |
CITIMORTGAGE, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Adam J. Knight
|
|
| Name |
Hon. David A. Haimes
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-03-17
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2022-03-17
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORD-Amended Order ~ ORDERED that this court's March 17, 2022 order is amended as follows: ORDERED that, upon consideration of appellant’s February 24, 2022 jurisdictionalbrief, appellee's March 2, 2022 response, and appellant's March 3, 2022 suggestion ofmootness, it isORDERED that this appeal is dismissed as moot. Further, upon consideration ofappellee's March 3, 2022 response, it isORDERED that appellant's March 1, 2022 motion for review and request for stay aredenied as moot.CONNER, C.J., GERBER and KUNTZ, JJ., concur.
|
|
| Docket Date |
2022-03-17
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissal ~ ORDERED that, upon consideration of appellant’s February 24, 2022 jurisdictional brief, appellee's March 2, 2022 response, and appellant's March 3, 2022 suggestion of mootness, it is ORDERED that this appeal is dismissed as moot. Further, upon consideration of appellee's March 3, 2022 response, it is ORDERED that appellant's March 1, 2022 motion for review and request for stay are denied as moot.
|
|
| Docket Date |
2022-03-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR STAY
|
| On Behalf Of |
CitiMortgage, Inc.
|
|
| Docket Date |
2022-03-03
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ SUGGESTION OF MOOTNESS
|
| On Behalf Of |
Yaniv Offir
|
|
| Docket Date |
2022-03-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
CitiMortgage, Inc.
|
|
| Docket Date |
2022-03-02
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
CitiMortgage, Inc.
|
|
| Docket Date |
2022-03-01
|
| Type |
Motions Other
|
| Subtype |
Motion For Review
|
| Description |
Motion For Review ~ *AND* MOTION FOR STAY
|
| On Behalf Of |
Yaniv Offir
|
|
| Docket Date |
2022-02-24
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Yaniv Offir
|
|
| Docket Date |
2022-02-18
|
| 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 February 16, 2022 order is an appealable final or nonfinal order, as it appears the order merely denies a motion to vacate directed towards a nonfinal order. See Stubbs v. Fed. Nat'l Mortg. Ass'n, 250 So. 3d 151, 152 (Fla. 2d DCA 2018) ("Consequently, a rule 1.540 motion directed to a non-final order is improper and leaves us without jurisdiction to review the denial of the motion to vacate."); Nacius v. One West Bank, FSB, 211 So. 3d 152 (Fla. 4th DCA 2017). Further,Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2022-02-17
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ ***CERTIFIED COPY***
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-02-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-02-16
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-02-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ **Filing Fee Paid Through Portal**
|
| On Behalf Of |
Yaniv Offir
|
|
|
|
MERCEDES HERNANDEZ, VS CITIMORTGAGE, INC.,
|
3D2021-1939
|
2021-09-28
|
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
09-11072
|
Parties
| Name |
MERCEDES HERNANDEZ L. L.C.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CITIMORTGAGE, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
CHOICE LEGAL GROUP, P.A.
|
|
| Name |
Hon. Pedro P. Echarte, Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-03-10
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-03-10
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2022-02-18
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Dismissal for Failure to Comply (DA11H) ~ Upon the Court’s own motion, it is ordered that this appeal from the Circuit Court for Miami-Dade County, Florida, is dismissed for failure to comply with this Court’s Order dated January 26, 2022, and with the Florida Rules of Appellate Procedure.
|
|
| Docket Date |
2022-02-18
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2022-01-26
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
AA to file intitial brief w/in 10 days (OR21A) ~ Pursuant to the time schedule provided in the Florida Rules of Appellate Procedure, the time for filing the initial brief has expired. This cause will be subject to dismissal unless the document referred to is filed within ten (10) days from the date of this Order, or within said time the Court is otherwise notified that this matter is being diligently prosecuted.
|
|
| Docket Date |
2021-11-16
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2021-09-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ Related case: 21-1203
|
| On Behalf Of |
MERCEDES HERNANDEZ
|
|
| Docket Date |
2021-09-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
C1:Certificate of Indigency Filed
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2021-09-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments.
|
|
|
|
ELOY GOMEZ, VS CITIMORTGAGE INC., et al.,
|
3D2021-1203
|
2021-05-27
|
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
09-11072
|
Parties
| Name |
ELOY GOMEZ
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CITIMORTGAGE, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
CHRISTOPHAL HELLEWELL, CHASE A. BERGER, TARA L. ROSENFELD
|
|
| Name |
Hon. Pedro P. Echarte, Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-07-07
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2021-07-07
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-06-17
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2021-06-17
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Appeal Dismissed by the Court (DA11) ~ Upon the Court’s own motion, it is ordered that the above-styled appeal is hereby dismissed for failure to comply with this Court’s Order issued on May 28, 2021, and Florida Rule of Appellate Procedure 9.110.
|
|
| Docket Date |
2021-06-16
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2021-06-07
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Certificate of Indigency
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2021-05-28
|
| Type |
Order
|
| Subtype |
Show Cause re No Order Appealed
|
| Description |
AA TO FILE ORDER APPEALED (OR34) ~ Appellant is ordered to file, within ten (10) days from the date of this Order, a conformed copy of the order or orders designated in the Notice of Appeal. See Fla. R. App. P. 9.110(d).
|
|
| Docket Date |
2021-05-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2021-05-27
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ NOT CERTIFIED. ORDER APPEALED NOT ATTACHED.
|
| On Behalf Of |
ELOY GOMEZ
|
|
| Docket Date |
2021-05-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
| Docket Date |
2021-05-27
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
C1:Certificate of Indigency Filed
|
|
|
|
YANIV OFFIR VS CITIMORTGAGE, INC.
|
4D2021-0994
|
2021-03-05
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE12017033
|
Parties
| Name |
Yaniv Offir
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Mark L. Pomeranz
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CITIMORTGAGE, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Adam J. Knight, Jacqueline A. Simms-Petredis
|
|
| Name |
Hon. David A. Haimes
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-12-30
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-12-30
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-12-09
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that appellant’s August 5, 2021 motion for attorney's fees and costs is denied.
|
|
| Docket Date |
2021-12-09
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2021-09-17
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Order Denying Stay ~ ORDERED that appellant's September 10, 2021 motion for stay is denied.
|
|
| Docket Date |
2021-09-10
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay
|
| On Behalf Of |
Yaniv Offir
|
|
| Docket Date |
2021-08-05
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ AND COSTS
|
| On Behalf Of |
Yaniv Offir
|
|
| Docket Date |
2021-08-05
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Yaniv Offir
|
|
| Docket Date |
2021-08-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant's August 2, 2021 motion for extension of time is granted, and appellant shall serve the reply brief on or before August 6, 2021. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2021-08-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
Yaniv Offir
|
|
| Docket Date |
2021-07-01
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
CitiMortgage, Inc.
|
|
| Docket Date |
2021-06-02
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief
|
| On Behalf Of |
Yaniv Offir
|
|
| Docket Date |
2021-05-18
|
| 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 May 17, 2021 motion for extension of time is granted, and appellant shall serve the initial brief on or before June 2, 2021. 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 |
2021-05-17
|
| 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 |
Yaniv Offir
|
|
| Docket Date |
2021-04-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CitiMortgage, Inc.
|
|
| Docket Date |
2021-04-19
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Yaniv Offir
|
|
| Docket Date |
2021-04-15
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 966 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-04-07
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Affidavit of Non-Payment of Appeal Invoice filed by the clerk of the lower tribunal on March 29, 2021, appellant is ordered to file a report, within ten (10) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
|
|
| Docket Date |
2021-03-29
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-03-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-03-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ *Certified copy
|
|
| Docket Date |
2021-03-05
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
|
| Docket Date |
2021-03-05
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Yaniv Offir
|
|
|
|
JOSUE BAYER and DELIA BAYER VS CITIMORTGAGE, INC.
|
4D2020-2739
|
2020-12-18
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE16-006125
|
Parties
| Name |
Delia Bayer
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Josue Bayer
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Joseph E. Altschul, Joseph G. Paggi III
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CITIMORTGAGE, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
William P. Heller, Nathaniel D. Callahan, Jonathan H. Kline, Marie Fox, Eric M. Levine, Kimberly De La Cruz, Nancy M. Wallace
|
|
| Name |
Hon. Barry Stone
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-01-07
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-01-07
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-12-16
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that appellant’s August 13, 2021 motion for attorney's fees is denied.
|
|
| Docket Date |
2021-12-16
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2021-08-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANTS' MOTION FOR APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
CitiMortgage, Inc.
|
|
| Docket Date |
2021-08-13
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Josue Bayer
|
|
| Docket Date |
2021-08-13
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ (Response filed 8/25/21)
|
| On Behalf Of |
Josue Bayer
|
|
| Docket Date |
2021-07-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellants’ July 30, 2021 motion for extension of time is granted, and appellants shall serve the reply brief within fourteen (14) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2021-07-30
|
| 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 |
Josue Bayer
|
|
| Docket Date |
2021-06-30
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
CitiMortgage, Inc.
|
|
| Docket Date |
2021-06-07
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that appellants’ June 4, 2021 motion to supplement the record is granted, and the record is supplemented to include the material listed in the motion. Said supplemental record is deemed filed as of the date of this order.
|
|
| Docket Date |
2021-06-07
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
Josue Bayer
|
|
| Docket Date |
2021-06-04
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Josue Bayer
|
|
| Docket Date |
2021-06-01
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Josue Bayer
|
|
| Docket Date |
2021-04-30
|
| 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 |
Josue Bayer
|
|
| Docket Date |
2021-04-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ April 30, 2021 motion for extension of time is granted, and appellants shall serve the initial brief on or before May 31, 2021. 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 |
2021-04-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ March 31, 2021 motion for extension of time is granted, and appellants 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 |
2021-03-31
|
| 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 |
Josue Bayer
|
|
| Docket Date |
2021-03-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ March 1, 2021 amended motion for extension of time is granted, and appellants 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 |
2021-03-01
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant’s March 1, 2021 motion for extension of time to file initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does 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.
|
|
| Docket Date |
2021-03-01
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ AMENDED
|
| On Behalf Of |
Josue Bayer
|
|
| Docket Date |
2021-02-12
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ 172 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2020-12-21
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Josue Bayer
|
|
| Docket Date |
2020-12-21
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-12-21
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CitiMortgage, Inc.
|
|
| Docket Date |
2020-12-21
|
| 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. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2020-12-18
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Josue Bayer
|
|
| Docket Date |
2020-12-18
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
ALEJANDRO A. RIOCABO, et al., VS CITIMORTGAGE, INC.,
|
3D2020-1776
|
2020-11-30
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Mandamus
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
09-6196
|
Parties
| Name |
ALEJANDRO A. RIOCABO
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jeffrey H. Papell
|
|
| Name |
CITIMORTGAGE, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Sara F. Holladay, EMILY Y. ROTTMANN, JENNIFER KOPF, KATHLEEN D. DACKIEWICZ
|
|
| Name |
HON. MARK BLUMSTEIN
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-06-23
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-06-23
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2021-06-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing and Rehearing En Banc
|
| Description |
Rehearing & Rehearing en banc denied (OD57A) ~ Upon consideration, Petitioners' Motion for Clarification, Motion for Rehearing, and Motion for Certification are hereby denied. Upon consideration of Petitioners' Motion for Sanctions, it is ordered that said Motion is hereby denied.LINDSEY, LOBREE and BOKOR, JJ., concur. Petitioners' Motion for Rehearing En Banc is denied.
|
|
| Docket Date |
2021-06-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONDENT'S RESPONSE IN OPPOSITIONTO PETITIONERS' MOTION FOR SANCTIONS
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2021-05-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Ext-granted to respond to motion (OG01A) ~ Respondent’s Unopposed Motion for Extension of Time to File a Response to the petitioners’ post-decision Motions is granted to and including June 1, 2021.
|
|
| Docket Date |
2021-05-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ RESPONDENT'S UNOPPOSED MOTION FOREXTENSION OF TIME TO FILE RESPONSE
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2021-04-30
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ PETITIONERS' MOTION FOR SANCTIONS
|
| On Behalf Of |
ALEJANDRO A. RIOCABO
|
|
| Docket Date |
2021-04-30
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc ~ PETITIONERS' MOTION FOR CLARIFICATION,MOTION FOR REHEARING AND REHEARING EN BANCAND MOTION FOR CERTIFICATION
|
| On Behalf Of |
ALEJANDRO A. RIOCABO
|
|
| Docket Date |
2021-04-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
Extension granted to file rehearing (OG06) ~ Petitioners’ Motion for Extension of Time to File a Motion for Rehearing is granted to and including April 30, 2021.
|
|
| Docket Date |
2021-04-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ PETITIONERS' MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR REHEARING
|
| On Behalf Of |
ALEJANDRO A. RIOCABO
|
|
| Docket Date |
2021-03-31
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition for Writ Dismissed (DA28A) ~ Following review of the Petition for Writ of Mandamus, and the Response and Reply thereto, it is ordered that said Petition is hereby dismissed. Upon consideration of Petitioners’ “Motion for Appellate Fees, Costs,” it is ordered that said Motion is hereby denied.
|
|
| Docket Date |
2021-03-31
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2021-03-22
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ SUPPLEMENTAL APPENDIX TOREPLY TO RESPONSE TO PETITION FOR WRIT OF MANDAMUS
|
| On Behalf Of |
ALEJANDRO A. RIOCABO
|
|
| Docket Date |
2021-03-22
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ PETITIONERS' MOTION FOR APPELLATE FEES, COSTS
|
| On Behalf Of |
ALEJANDRO A. RIOCABO
|
|
| Docket Date |
2021-03-22
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ REPLY TO RESPONSE TO PETITION FOR WRIT OF MANDAMUS
|
| On Behalf Of |
ALEJANDRO A. RIOCABO
|
|
| Docket Date |
2021-03-22
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ PETITIONERS' REQUEST FOR ORAL ARGUMENT
|
| On Behalf Of |
ALEJANDRO A. RIOCABO
|
|
| Docket Date |
2021-02-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Reply to Response
|
| Description |
Ext-granted to reply to response on pet. (OG01D) ~ Petitioner Alejandro A. Riocabo’s Agreed First Motion for Extension of Time to file a reply to the Response to the Petition for Writ of Mandamus is granted to and including March 22, 2021.
|
|
| Docket Date |
2021-02-08
|
| 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 |
ALEJANDRO A. RIOCABO
|
|
| Docket Date |
2021-02-01
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ RESPONDENT'S NOTICE OF FILINGAMENDED CERTIFICATE OF SERVICE
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2021-02-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE IN OPPOSITION TO PETITION FOR MANDAMUS
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2021-02-01
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO RESPONDENT'S RESPONSE IN OPPOSITION TOPETITION FOR MANDAMUS
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2021-01-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Ext. Granted to Respond to Pet. w/NFE (OG01H) ~ Respondent’s Second Motion for Extension of Time to File a Response to the Petition for Writ of Mandamus is granted to and including February 9, 2021. No further extensions will be allowed.
|
|
| Docket Date |
2021-01-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PETITIONERS' OBJECTION TO RESPONDENT'S MOTION FOR EXTENSION OF TIME AND PETITIONERS' REQUEST FOR AN ORDER TO SHOW CAUSE WHY CONTEMPT OF COURT SHOULD NOT ISSUE
|
| On Behalf Of |
ALEJANDRO A. RIOCABO
|
|
| Docket Date |
2021-01-25
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2021-01-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Extension granted to respond to petition (OG01) ~ Respondent’s Motion for Extension of Time to File a Response to the Petition for Writ of Mandamus is granted to and including January 25, 2021.
|
|
| Docket Date |
2021-01-04
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ NOTICE OF FILING POSITION
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2021-01-04
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ RESPONDENT'S MOTION FOREXTENSION OF TIME TO FILE RESPONSIVE BRIEF
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2020-12-29
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2020-12-03
|
| Type |
Order
|
| Subtype |
Order to Respond to Petition
|
| Description |
Order Resp. on all Petitions except Prohibi(OR12L) ~ Respondent is ordered to file a response within thirty (30) days from the date of this Order to the Petition for Writ of Mandamus. Further, a reply may be filed within ten (10) days thereafter.
|
|
| Docket Date |
2020-12-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments.
|
|
| Docket Date |
2020-11-30
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed ~ PETITION FOR WRIT OF MANDAMUSRELATED CASE: 16-2860
|
| On Behalf Of |
ALEJANDRO A. RIOCABO
|
|
| Docket Date |
2020-11-30
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO PETITION FOR WRIT OF MANDAMUS
|
| On Behalf Of |
ALEJANDRO A. RIOCABO
|
|
| Docket Date |
2020-11-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
JAMES R. BECKER, JR. VS CITIMORTGAGE, INC.
|
2D2020-0633
|
2020-02-21
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Foreclosure
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Lee County
16-CA-1704
|
Parties
| Name |
JAMES R. BECKER, JR.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CITIMORTGAGE, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ZACHARY ULLMAN, ESQ., JENNIFER TRAVIESO, ESQ., ALLEGRA KNOPF, ESQ.
|
|
| Name |
HON. JAMES SHENKO
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
LEE CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-10-21
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification ~ of briefing schedule
|
| On Behalf Of |
JAMES R. BECKER, JR.
|
|
| Docket Date |
2022-08-31
|
| Type |
Brief
|
| Subtype |
Appendix
|
| Description |
Appendix for Answer Brief ~ CORRECTED
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2022-12-30
|
| Type |
Disposition by Order
|
| Subtype |
Transferred
|
| Description |
Transfer to Sixth DCA
|
|
| Docket Date |
2022-12-30
|
| Type |
Disposition
|
| Subtype |
Transferred
|
| Description |
Transferred - Order by Judge ~ Transferred to 6th DCA
|
|
| Docket Date |
2022-12-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORDER GRANTING APPELLANT'S REPLY BRIEF ~ Appellant's motion for extension of time is granted, and the reply brief shall beserved within 30 days from the date of this order.
|
|
| Docket Date |
2022-12-07
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ Motion TO REQUEST ORAL ARGUMENT
|
| On Behalf Of |
JAMES R. BECKER, JR.
|
|
| Docket Date |
2022-12-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ Motion for Extension TO FILE REPLY BRIEF
|
| On Behalf Of |
JAMES R. BECKER, JR.
|
|
| Docket Date |
2022-11-07
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Grant Clarification-77 ~ Appellant's motion for clarification is granted as follows. Appellant may serve a reply brief within thirty days of the date of this order. To the extent that Appellant wishes to request oral argument, Appellant must file a separate request for oral argument pursuant to Florida Rule of Appellate Procedure 9.320.
|
|
| Docket Date |
2022-08-30
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Corrected Appendix Required ~ The appendix to the answer brief does not comply with Florida Rule of Appellate Procedure 9.220(c). •Appendix is not bookmarked.•Appendix is not text searchable.Appellee shall file a corrected appendix within ten days from the date of this order.
|
|
| Docket Date |
2022-08-25
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2022-08-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shallbe served by August 25, 2022.
|
|
| Docket Date |
2022-08-15
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ APPELLEE'S THIRD MOTION FOR EXTENSIONOF TIME TO FILE ANSWER BRIEF
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2022-07-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shall be served by August 15, 2022.
|
|
| Docket Date |
2022-07-13
|
| 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 |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2022-06-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shall be served within 30 days from the date of this order.
|
|
| Docket Date |
2022-05-26
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2022-05-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ MOTION FOR EXTENSION OF TIME TO FILE ANSWER BRIEF
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2022-05-19
|
| Type |
Order
|
| Subtype |
Order Rejecting Filing
|
| Description |
E-Filing Rejected ~ James R. Becker, Jr. has electronically submitted a document entitled Appendixto the Initial Brief in multiple parts. The document must be combined into a singledocument unless it exceeds the file size limit of the Florida Courts E-Filing Portal. Thisfiling has been rejected and must be resubmitted in a form that complies with theapplicable rules.
|
|
| Docket Date |
2022-04-25
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
JAMES R. BECKER, JR.
|
|
| Docket Date |
2022-03-23
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ As it appears that the motion to reinstate the bankruptcy proceeding has beenwithdrawn, this appeal will proceed. Appellant shall serve the initial brief within thirtydays of the date of this order, or this appeal will be dismissed.
|
|
| Docket Date |
2022-02-21
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ Appellant shall file a status report on the bankruptcy court proceedings within tendays of the date of this order.
|
|
| Docket Date |
2022-01-10
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
JAMES R. BECKER, JR.
|
|
| Docket Date |
2021-12-27
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ Appellant shall file a status report on the bankruptcy court proceedings within ten days of the date of this order.
|
|
| Docket Date |
2021-11-17
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Grant Stay-55 ~ Appellant's motion to confirm automatic stay is granted to the extent that this appeal will remain stayed pending resolution of the Appellant's motion to reinstate the bankruptcy proceeding. Upon disposition of the motion or within thirty days of the date of this order, whichever is sooner, Appellant shall file a status report on the bankruptcy court proceedings.
|
|
| Docket Date |
2021-11-08
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ MOTION TO CONFIRM AUTOMATIC STAY AND STATUS REPORT
|
| On Behalf Of |
JAMES R. BECKER, JR.
|
|
| Docket Date |
2021-09-23
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Pursuant to the bankruptcy court's order dismissing chapter 13 case, this appeal will proceed. Appellant shall serve the initial brief within thirty days of the date of this order. Failure to timely serve the initial brief will subject this appeal to dismissal without further notice.
|
|
| Docket Date |
2021-09-16
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ APPELLEE'S NOTICE OF TERMINATION OF BANKRUPTCY SYAY
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2021-08-03
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ APPELLEE'S INDIVIDUAL STATUS REPORT TO THE COURT
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2021-07-30
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ Within ten days of the date of this order, the parties are requested to provide this court with individual status reports or a joint report on the bankruptcy stay.
|
|
| Docket Date |
2021-06-24
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ By July 26, 2021, the parties are requested to provide this court with individual status reports or a joint report on the bankruptcy stay.
|
|
| Docket Date |
2021-06-23
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ APPELLEE'S STATUS REPORT TO THE COURT
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2021-06-14
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ By June 25, 2021, the parties are requested to provide this court with individual status reports or a joint report on the bankruptcy stay.
|
|
| Docket Date |
2021-06-11
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ APPELLEE'S STATUS REPORT TO THE COURT
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2021-05-03
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ Within forty days of the date of this order the parties are requested to provide this court with individual status reports or a joint report on the bankruptcy stay.
|
|
| Docket Date |
2021-03-30
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2021-03-19
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ Within fifteen days of the date of this order the parties are requested to provide this court with individual status reports or a joint report on the bankruptcy stay.
|
|
| Docket Date |
2020-11-30
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2020-07-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Denying EOT for Initial Brief ~ In light of the appellee's notice of the appellant's bankruptcy, the appellant's motion for extension of time is denied as premature. The court will set a briefing schedule upon the lifting of the bankruptcy stay.
|
|
| Docket Date |
2020-07-29
|
| Type |
Notice
|
| Subtype |
Suggestion of Bankruptcy
|
| Description |
Suggestion of Bankruptcy ~ SUGGESTION OF BANKRUPTCY
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2020-07-29
|
| 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 |
JAMES R. BECKER, JR.
|
|
| Docket Date |
2020-07-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served within 15 days from the date of this order.
|
|
| Docket Date |
2020-07-14
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF CONSENT REGARDING MOTION TO EXTEND TIME
|
| On Behalf Of |
JAMES R. BECKER, JR.
|
|
| Docket Date |
2020-07-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE THE INITIAL BRIEF
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2020-07-10
|
| 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 |
JAMES R. BECKER, JR.
|
|
| Docket Date |
2020-07-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
deny eot for no consultation ~ Appellant's motion for an extension of time is denied without prejudice to refile a motion within five days that demonstrates compliance with Florida Rule of Appellate Procedure 9.300(a) with respect to consultation with opposing counsel, failing which the brief shall be served by the current due date or within ten days of the date of this order, whichever is later.
|
|
| Docket Date |
2020-07-02
|
| 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 |
JAMES R. BECKER, JR.
|
|
| Docket Date |
2020-06-23
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
Brief Overdue ~ Appellant shall serve the initial brief and appendix within ten days from the date of this order, or this appeal will be subject to dismissal without further notice based on failure to prosecute.
|
|
| Docket Date |
2020-06-12
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2020-06-04
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellant shall file the initial brief and appendix which shall be served within 15 days from the date of this order.
|
|
| Docket Date |
2020-05-18
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
JAMES R. BECKER, JR.
|
|
| Docket Date |
2020-04-29
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
dismiss/no fee/order of insolvency ~ ***VACATED***(see 6/4/20 ord)This appeal is dismissed for Appellant's failure to satisfy this court's February 21, 2020, fee order.
|
|
| Docket Date |
2020-04-29
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ Lucas, Badalamenti, and Rothstein-Youakim
|
|
| Docket Date |
2020-04-29
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2020-03-25
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2020-02-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2020-02-21
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER APPEALED
|
| On Behalf Of |
JAMES R. BECKER, JR.
|
|
| Docket Date |
2020-02-21
|
| Type |
Order
|
| Subtype |
Nonfinal Appeals
|
| Description |
nonfinal appeal order for initial brief ~ This proceeding is a nonfinal appeal, or an appeal of a specified final order, governed by Florida Rule of Appellate Procedure 9.130. The initial brief and appendix shall be served within 15 days of the date of this order. The appellee(s) shall serve the answer brief(s) within 30 days of service of the initial brief.
|
|
| Docket Date |
2020-02-21
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
|
|
JAMES R. BECKER, JR. VS CITIMORTGAGE, INC.
|
6D2023-0004
|
2020-02-21
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Foreclosure
|
| Court |
6th District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Lee County
16-CA-1704
|
Parties
| Name |
JAMES R. BECKER, JR.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CITIMORTGAGE, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ALLEGRA KNOPF, ESQ., JENNIFER TRAVIESO, ESQ., ZACHARY ULLMAN, ESQ.
|
|
| Name |
HON. JAMES R. SHENKO
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
KEVIN KARNES, CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-12-29
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-12-29
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-11-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant EOT (general)-74c ~ Appellant’s motion for extension of time to file a motion for rehearing is granted. The motion must be filed within 15 days of the date of this order.
|
|
| Docket Date |
2023-11-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S RESPONSE TO APPELLANT'S MOTION FOR REHEARING WHICH REQUESTS ADDITIONAL TIME
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2023-11-08
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ EXTENSION OF TIME TO FILE MOTION FOR REHEARING
|
| On Behalf Of |
JAMES R. BECKER, JR.
|
|
| Docket Date |
2023-10-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant EOT (general)-74c ~ Appellant’s motion for extension of time to file a motion for rehearing is granted for 30 days from the date of this order.
|
|
| Docket Date |
2023-09-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO FILE THE REHEARING
|
| On Behalf Of |
JAMES R. BECKER, JR.
|
|
| Docket Date |
2023-09-12
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2023-06-30
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Related Case
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2023-03-31
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Denying Extension of Reply Brief ~ Appellant's motion for extension of time to serve reply brief is denied. The reply brief shall be served within ten days from the date of this order.
|
|
| Docket Date |
2023-03-29
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2023-03-20
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ PS JAMES R. BECKER, JR.
|
| On Behalf Of |
JAMES R. BECKER, JR.
|
|
| Docket Date |
2023-03-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
JAMES R. BECKER, JR.
|
|
| Docket Date |
2023-02-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORDER GRANTING APPELLANT'S REPLY BRIEF ~ Appellant's motion for extension of time to file reply brief is granted. The reply brief shall be served within thirty days from the date of this order.
|
|
| Docket Date |
2023-01-20
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-DISPENSING ORAL ARGUMENT ~ Upon consideration, oral argument is hereby dispensed within this case, subject to reconsideration by the merits panel.
|
|
| Docket Date |
2023-01-05
|
| 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 |
JAMES R. BECKER, JR.
|
|
| Docket Date |
2023-01-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-12-30
|
| Type |
Disposition by Order
|
| Subtype |
Transferred
|
| Description |
Transfer to Sixth DCA
|
|
| Docket Date |
2022-12-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORDER GRANTING APPELLANT'S REPLY BRIEF ~ Appellant's motion for extension of time is granted, and the reply brief shall beserved within 30 days from the date of this order.
|
|
| Docket Date |
2022-12-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ Motion for Extension TO FILE REPLY BRIEF
|
| On Behalf Of |
JAMES R. BECKER, JR.
|
|
| Docket Date |
2022-12-07
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ Motion TO REQUEST ORAL ARGUMENT
|
| On Behalf Of |
JAMES R. BECKER, JR.
|
|
| Docket Date |
2022-11-07
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Grant Clarification-77 ~ Appellant's motion for clarification is granted as follows. Appellant may serve a reply brief within thirty days of the date of this order. To the extent that Appellant wishes to request oral argument, Appellant must file a separate request for oral argument pursuant to Florida Rule of Appellate Procedure 9.320.
|
|
| Docket Date |
2022-10-21
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification ~ of briefing schedule
|
| On Behalf Of |
JAMES R. BECKER, JR.
|
|
| Docket Date |
2022-08-31
|
| Type |
Brief
|
| Subtype |
Appendix
|
| Description |
Appendix for Answer Brief ~ CORRECTED
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2022-08-30
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Corrected Appendix Required ~ The appendix to the answer brief does not comply with Florida Rule of Appellate Procedure 9.220(c). •Appendix is not bookmarked.•Appendix is not text searchable.Appellee shall file a corrected appendix within ten days from the date of this order.
|
|
| Docket Date |
2022-08-25
|
| Type |
Brief
|
| Subtype |
Appendix
|
| Description |
Appendix for Answer Brief ~ NOT BOOKMARKED AND TEXT SEARCHABLE
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2022-08-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shallbe served by August 25, 2022.
|
|
| Docket Date |
2022-08-15
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ APPELLEE'S THIRD MOTION FOR EXTENSIONOF TIME TO FILE ANSWER BRIEF
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2022-07-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shall be served by August 15, 2022.
|
|
| Docket Date |
2022-07-13
|
| 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 |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2022-06-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shall be served within 30 days from the date of this order.
|
|
| Docket Date |
2022-05-26
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2022-05-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ MOTION FOR EXTENSION OF TIME TO FILE ANSWER BRIEF
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2022-05-19
|
| Type |
Order
|
| Subtype |
Order Rejecting Filing
|
| Description |
E-Filing Rejected ~ James R. Becker, Jr. has electronically submitted a document entitled Appendixto the Initial Brief in multiple parts. The document must be combined into a singledocument unless it exceeds the file size limit of the Florida Courts E-Filing Portal. Thisfiling has been rejected and must be resubmitted in a form that complies with theapplicable rules.
|
|
| Docket Date |
2022-04-25
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
JAMES R. BECKER, JR.
|
|
| Docket Date |
2022-03-23
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ As it appears that the motion to reinstate the bankruptcy proceeding has beenwithdrawn, this appeal will proceed. Appellant shall serve the initial brief within thirtydays of the date of this order, or this appeal will be dismissed.
|
|
| Docket Date |
2022-02-21
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Status report due within * days ~ Appellant shall file a status report on the bankruptcy court proceedings within tendays of the date of this order.
|
|
| Docket Date |
2022-01-10
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
JAMES R. BECKER, JR.
|
|
| Docket Date |
2021-12-27
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Status report due within * days ~ Appellant shall file a status report on the bankruptcy court proceedings within ten days of the date of this order.
|
|
| Docket Date |
2021-11-17
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Grant Stay-55 ~ Appellant's motion to confirm automatic stay is granted to the extent that this appeal will remain stayed pending resolution of the Appellant's motion to reinstate the bankruptcy proceeding. Upon disposition of the motion or within thirty days of the date of this order, whichever is sooner, Appellant shall file a status report on the bankruptcy court proceedings.
|
|
| Docket Date |
2021-11-08
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ MOTION TO CONFIRM AUTOMATIC STAY AND STATUS REPORT
|
| On Behalf Of |
JAMES R. BECKER, JR.
|
|
| Docket Date |
2021-09-23
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Pursuant to the bankruptcy court's order dismissing chapter 13 case, this appeal will proceed. Appellant shall serve the initial brief within thirty days of the date of this order. Failure to timely serve the initial brief will subject this appeal to dismissal without further notice.
|
|
| Docket Date |
2021-09-16
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ APPELLEE'S NOTICE OF TERMINATION OF BANKRUPTCY SYAY
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2021-08-03
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ APPELLEE'S INDIVIDUAL STATUS REPORT TO THE COURT
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2021-07-30
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Status report due within * days ~ Within ten days of the date of this order, the parties are requested to provide this court with individual status reports or a joint report on the bankruptcy stay.
|
|
| Docket Date |
2021-06-24
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Status report due within * days ~ By July 26, 2021, the parties are requested to provide this court with individual status reports or a joint report on the bankruptcy stay.
|
|
| Docket Date |
2021-06-23
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ APPELLEE'S STATUS REPORT TO THE COURT
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2021-06-14
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Status report due within * days ~ By June 25, 2021, the parties are requested to provide this court with individual status reports or a joint report on the bankruptcy stay.
|
|
| Docket Date |
2021-06-11
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ APPELLEE'S STATUS REPORT TO THE COURT
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2021-05-03
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Status report due within * days ~ Within forty days of the date of this order the parties are requested to provide this court with individual status reports or a joint report on the bankruptcy stay.
|
|
| Docket Date |
2021-03-30
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2021-03-19
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Status report due within * days ~ Within fifteen days of the date of this order the parties are requested to provide this court with individual status reports or a joint report on the bankruptcy stay.
|
|
| Docket Date |
2020-11-30
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2020-07-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Denying EOT for Initial Brief ~ In light of the appellee's notice of the appellant's bankruptcy, the appellant's motion for extension of time is denied as premature. The court will set a briefing schedule upon the lifting of the bankruptcy stay.
|
|
| Docket Date |
2020-07-29
|
| 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 |
JAMES R. BECKER, JR.
|
|
| Docket Date |
2020-07-29
|
| Type |
Notice
|
| Subtype |
Suggestion of Bankruptcy
|
| Description |
Suggestion of Bankruptcy ~ SUGGESTION OF BANKRUPTCY
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2020-07-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served within 15 days from the date of this order.
|
|
| Docket Date |
2020-07-14
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF CONSENT REGARDING MOTION TO EXTEND TIME
|
| On Behalf Of |
JAMES R. BECKER, JR.
|
|
| Docket Date |
2020-07-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO APPELLANT'S MOTION FOR EXTENSION OF TIME TO FILE THE INITIAL BRIEF
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2020-07-10
|
| 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 |
JAMES R. BECKER, JR.
|
|
| Docket Date |
2020-07-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
deny eot for no consultation ~ Appellant's motion for an extension of time is denied without prejudice to refile a motion within five days that demonstrates compliance with Florida Rule of Appellate Procedure 9.300(a) with respect to consultation with opposing counsel, failing which the brief shall be served by the current due date or within ten days of the date of this order, whichever is later.
|
|
| Docket Date |
2020-07-02
|
| 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 |
JAMES R. BECKER, JR.
|
|
| Docket Date |
2020-06-23
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
Brief Overdue ~ Appellant shall serve the initial brief and appendix within ten days from the date of this order, or this appeal will be subject to dismissal without further notice based on failure to prosecute.
|
|
| Docket Date |
2020-06-12
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2020-06-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
ORD-REINSTATEMENT ~ Appellant's motion for reinstatement is granted. This court's April 29, 2020, order is vacated, and the appeal is reinstated.Appellant shall file the initial brief and appendix which shall be served within 15 days from the date of this order.
|
|
| Docket Date |
2020-05-18
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
JAMES R. BECKER, JR.
|
|
| Docket Date |
2020-04-29
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
dismiss/no fee/order of insolvency ~ ***VACATED***(see 6/4/20 ord)This appeal is dismissed for Appellant's failure to satisfy this court's February 21, 2020, fee order.
|
|
| Docket Date |
2020-04-29
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ Lucas, Badalamenti, and Rothstein-Youakim
|
|
| Docket Date |
2020-04-29
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2020-03-25
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2020-02-21
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER APPEALED
|
| On Behalf Of |
JAMES R. BECKER, JR.
|
|
| Docket Date |
2020-02-21
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; pro se ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes (2018).Appellant shall forward the required $300.00 filing fee or, if applicable, a certificate or order from the circuit court finding appellant insolvent pursuant to section 57.081 or 57.085, Florida Statutes, as applicable, within forty 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.
|
|
| Docket Date |
2020-02-21
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2020-02-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
ROGELIO SANTOS, RACHEL SANTOS A/K/A RACHEL M. SANTOS AND JOESPH NEMCHIK AS TRUSTEE ON BEHALF OF AND OF AND UNDER THE PROVISIONS OF A TRUST AGREEMENT KNOWN AS THE SANTOS LAND TRUST VS CITIMORTGAGE, INC., SUCCESSOR BY MERGER TO ABN AMRO MORTGAGE GROUP, INC.
|
5D2019-3486
|
2019-11-26
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County
2015-CA-003602-O
|
Parties
| Name |
JOSEPH NEMCHIK
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ROGELIO SANTOS
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Scott A. Rosin
|
|
| Name |
RACHEL SANTOS
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CITIMORTGAGE, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
William P. Heller, Nancy M. Wallace, Eric M. Levine, Paul William Ettori
|
|
| Name |
AMRO MORTGAGE GROUP, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Luis Fernando Calderon
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Orange Cty Circuit Ct Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
ERROL ESTATE PROPERTY OWNERS ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LATISHA PARKER
|
| Role |
Appellee
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-08-03
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-08-03
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD EFILED
|
|
| Docket Date |
2020-07-14
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed ~ PCA
|
|
| Docket Date |
2020-04-16
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Citimortgage, Inc.
|
|
| Docket Date |
2020-04-13
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
ROGELIO SANTOS
|
|
| Docket Date |
2020-02-26
|
| 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 |
ROGELIO SANTOS
|
|
| Docket Date |
2020-02-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Grant EOT for Initial Brief ~ IB BY 4/13
|
|
| Docket Date |
2020-01-28
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 332 PAGES
|
| On Behalf Of |
Orange Cty Circuit Ct Clerk
|
|
| Docket Date |
2019-12-18
|
| Type |
Order
|
| Subtype |
Order Declining Referral to Mediation
|
| Description |
ORD- Declining Referral to Mediation ~ IB DUE 70 DAYS
|
|
| Docket Date |
2019-12-16
|
| Type |
Mediation
|
| Subtype |
Mediation Questionnaire
|
| Description |
Mediation Questionnaire ~ AA SCOTT KARP ROSIN 0961851
|
| On Behalf Of |
ROGELIO SANTOS
|
|
| Docket Date |
2019-12-13
|
| Type |
Mediation
|
| Subtype |
Confidential Statement
|
| Description |
Confidential Statement ~ AA SCOTT KARP ROSIN 0961851
|
| On Behalf Of |
ROGELIO SANTOS
|
|
| Docket Date |
2019-12-10
|
| Type |
Mediation
|
| Subtype |
Confidential Statement
|
| Description |
Confidential Statement ~ AE NANCY M. WALLACE 0065897
|
| On Behalf Of |
Citimortgage, Inc.
|
|
| Docket Date |
2019-12-05
|
| Type |
Order
|
| Subtype |
Mediation Letter to LT
|
| Description |
Mediation Letter to L.T.
|
|
| Docket Date |
2019-12-02
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Citimortgage, Inc.
|
|
| Docket Date |
2019-11-26
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 11/21/19
|
| On Behalf Of |
ROGELIO SANTOS
|
|
| Docket Date |
2019-11-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2019-11-26
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee - Civil appeal (300)
|
|
| Docket Date |
2019-11-26
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2019-12-05
|
| Type |
Mediation
|
| Subtype |
Mediation Questionnaire
|
| Description |
Mediation Questionnaire ~ AE NANCY M. WALLACE 0065897
|
| On Behalf Of |
Citimortgage, Inc.
|
|
|
|
C&L HOME INVESTMENT, INC., VS CITIMORTAGE, INC.,
|
3D2019-1778
|
2019-09-13
|
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
12-35488
|
Parties
| Name |
C&L HOME INVESTMENT, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
KENDRICK ALMAGUER
|
|
| Name |
CITIMORTGAGE, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Eric M. Levine, Eric S. Matthew, William P. Heller, Shapiro, Fishman & Gache, LLP, ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC, JOYCE GOODMAN-GUENTHER, Nancy M. Wallace
|
|
| 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 |
2020-01-15
|
| Type |
Notice
|
| Subtype |
Voluntary Dismissal
|
| Description |
Voluntary Dismissal Recognized (OG33) ~ IT IS HEREBY ORDERED that the appellant’s Notice of Voluntary Dismissal is recognized by the Court, and this appeal from the Circuit Court for Miami-Dade County, Florida, is hereby dismissed.
|
|
| Docket Date |
2020-01-15
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2020-01-15
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-01-15
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
C&L HOME INVESTMENT, INC.
|
|
| Docket Date |
2020-01-15
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2019-12-04
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
C&L HOME INVESTMENT, INC.
|
|
| Docket Date |
2019-12-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-60 days to 1/20/20
|
|
| Docket Date |
2019-12-02
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2019-09-17
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
C&L HOME INVESTMENT, INC.
|
|
| Docket Date |
2019-09-17
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ ERIC LEVINE, WILLIAM HELLER
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2019-09-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2019-09-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
| Docket Date |
2019-09-13
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-09-13
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
|
|
THERESA A. BROCK, VS CITIMORTGAGE, INC., et al.,
|
3D2018-2056
|
2018-10-11
|
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
16-27794
|
Parties
| Name |
THERESA A. BROCK
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CITIMORTGAGE, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Albert D. Rey, MCCALLA RAYMER LEIBERT PIERCE, LLC
|
|
| Name |
C&K ALFONSO INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. JACQUELINE HOGAN SCOLA
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-11-19
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2018-11-19
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2018-10-30
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Dismissal for Failure to Comply (DA11H) ~ Upon the Court’s own motion, it is ordered that this appeal from the Circuit Court for Miami-Dade County, Florida is dismissed for failure to comply with this Court’s order dated October 11, 2018, and with the Florida Rules of Appellate Procedure.
|
|
| Docket Date |
2018-10-30
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2018-10-11
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
THERESA A. BROCK
|
|
| Docket Date |
2018-10-11
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. ** The $300 filing fee for a notice of appeal is due.
|
|
| Docket Date |
2018-10-11
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
DM:No Fee - Case Dismissed
|
|
| Docket Date |
2018-10-11
|
| 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 October 21, 2018, 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.
|
|
|
|
19007 SW 24TH AVE., LLC VS CITIMORTGAGE, INC., et al.
|
4D2018-2098
|
2018-07-12
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE12-27762
|
Parties
| Name |
19007 SW 24TH AVE, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Margery Ellen Golant
|
|
| Name |
CITIMORTGAGE, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Mark L. Pomeranz, Eric M. Levine, Nancy M. Wallace, TAYLOR LOREN BROADHEAD, Daniel Wasserstein, William P. Heller, Bruce Botsford, Rachel Mendes Coe, ANDREW INGALLS, J. EDGAR AGUIRRE ELUM, Adam I. Skolnik
|
|
| Name |
JASON FLOWERS CORP
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-02-06
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Grant Clarification ~ ORDERED, upon consideration of appellee's February 5, 2019 motion for clarification of order lifting stay, this court's February 1, 2019 order is vacated and replaced with the following: ORDERED that appellee's January 11, 2019 motion to lift stay is granted. The stay is lifted and appellant may file any motion for rehearing of the dismissal of this case within fifteen (15) days from the date of this order.
|
|
| Docket Date |
2019-02-05
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ FOR CLARIFICATION OF ORDER LIFTING STAY
|
| On Behalf Of |
CITIMORTGAGE, INC.,
|
|
| Docket Date |
2019-02-01
|
| Type |
Order
|
| Subtype |
Order re Stay
|
| Description |
Stay is lifted, case to proceed ~ ORDERED that appellee's January 11, 2019 motion to lift stay is granted and the stay entered on August 14, 2018, is lifted and the above-styled appeal shall proceed; further,ORDERED that the appellant 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 will be subject to dismissal, or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2019-01-11
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO LIFT STAY
|
| On Behalf Of |
CITIMORTGAGE, INC.,
|
|
| Docket Date |
2018-11-26
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
CITIMORTGAGE, INC.,
|
|
| Docket Date |
2018-11-20
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that the appellant is directed to file a status report within ten (10) days from the date of this order regarding the bankruptcy proceedings.
|
|
| Docket Date |
2018-08-14
|
| Type |
Order
|
| Subtype |
Order Bankruptcy
|
| Description |
ORD-Case Stayed Pending Bankruptcy ~ A suggestion of bankruptcy having been filed, and it appearing that no cause exists as to why the entire above-styled appeal should not be stayed by virtue of 11 U.S.C. § 362, it is ORDERED that:This appeal is stayed. If the bankruptcy case becomes closed, dismissed, or modified to permit this appeal to proceed, then appellant shall promptly, and in no event later than twenty (20) days after the event has occurred, notify this court in writing that this appeal may proceed.Unless this appeal is voluntarily dismissed, appellant, within ninety (90) days from the date of this order, and then every ninety (90) days thereafter, shall notify this court as to the status of the bankruptcy case.
|
|
| Docket Date |
2018-08-13
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CITIMORTGAGE, INC.,
|
|
| Docket Date |
2018-08-13
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Granting Aplee's Motion to Dismiss ~ ORDERED that appellee’s July 31, 2018 motion to dismiss appeal is granted, and the above-styled appeal is dismissed for lack of jurisdiction. Pridgen v. First Union Bank, 879 So. 2d 21, 21 (Fla. 2d DCA 2004) (“An order that merely schedules a foreclosure sale is not a final appealable order.”); further,ORDERED that appellant’s August 10, 2018 “motion for extension of time to comply with court order of August 9, 2018” is denied; further,ORDERED that appellee’s August 8, 2018 “emergency motion to review order on motion to stay pending appeal” is determined to be moot, as the appeal has been dismissed.GERBER, C.J., WARNER and KUNTZ, JJ., concur.
|
|
| Docket Date |
2018-08-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ OPPOSITION TO MOTION FOR EXTENSION OF TIME
|
| On Behalf Of |
CITIMORTGAGE, INC.,
|
|
| Docket Date |
2018-08-13
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2018-08-10
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO COMPLY WITH COURT ORDER OF AUGUST 9, 2018
|
| On Behalf Of |
19007 SW 24TH AVE., LLC
|
|
| Docket Date |
2018-08-09
|
| Type |
Order
|
| Subtype |
Order on Request for Emergency Treatment
|
| Description |
Denying Request for Emergency Treatment ~ ORDERED that appellee's August 8, 2018 request for emergency treatment is denied. This Court notes that an emergency is a matter of extreme urgency that requires immediate action by this Court in order to avoid imminent, irreparable, and material harm. See Administrative Order No. 2014-1. A motion to expedite can accompany a motion in order to obtain an expedited review process; further, ORDERED that appellant is directed to respond, on or before Friday, August 10, 2018, to appellee's August 8, 2018 "emergency motion to review order on motion to stay pending appeal."
|
|
| Docket Date |
2018-08-08
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Emergency Motion ~ "TO REVIEW ORDER ON MOTION TO STAY PENDING APPEAL"
|
| On Behalf Of |
CITIMORTGAGE, INC.,
|
|
| Docket Date |
2018-08-08
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ "MOTION TO REVIEW ORDER ON MOTION TO STAY PENDING APPEAL"
|
| On Behalf Of |
CITIMORTGAGE, INC.,
|
|
| Docket Date |
2018-07-31
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO DISMISS APPEAL
|
| On Behalf Of |
CITIMORTGAGE, INC.,
|
|
| Docket Date |
2018-07-31
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
CITIMORTGAGE, INC.,
|
|
| Docket Date |
2018-07-31
|
| Type |
Order
|
| Subtype |
Order Reclassifying Case
|
| Description |
ORD-Final Appeal Treated as Non-Final ~ ORDERED sua sponte that the court determines that this appeal seeks review of a non-final order, rather than a final order. Fla. R. App. P. 9.130(a)(5). Appellant shall serve an initial brief and an accompanying appendix within fifteen (15) days from the date of this order. See Florida Rule of Appellate Procedure 9.130(e), 9.220. The clerk of the lower tribunal shall not transmit a record on appeal unless ordered by this court.
|
|
| Docket Date |
2018-07-27
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed
|
| On Behalf Of |
19007 SW 24TH AVE., LLC
|
|
| Docket Date |
2018-07-23
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
19007 SW 24TH AVE., LLC
|
|
| Docket Date |
2018-07-17
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CITIMORTGAGE, INC.,
|
|
| Docket Date |
2018-07-13
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Order for Amendment to Notice of Appeal ~ ORDERED that the appellant is directed to file, within ten (10) days from the date of this order, an amended Notice of Appeal with a certificate of service that states the name of the attorney of record for the appellee and his/her physical address.
|
|
| Docket Date |
2018-07-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2018-07-12
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-07-12
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
19007 SW 24TH AVE., LLC
|
|
|
|
ECTR, L L C, AS TRUSTEE VS CITIMORTGAGE, INC., ET AL
|
2D2018-0707
|
2018-02-23
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Sarasota County
14-CA-207
|
Parties
| Name |
ECTR, L L C, AS TRUSTEE
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
J. RANDY EDMONSON, ESQ., ISAAC MANZO, ESQ.
|
|
| Name |
CITIMORTGAGE, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
SHAIB Y. RIOS, ESQ., BRIAN L. ROSALER, ESQ., MARK MARTELLA, ESQ.
|
|
| Name |
HON. FREDERICK P. MERCURIO
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
SARASOTA CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-10-02
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2018-10-02
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDER GRANTING VOLUNTARY DISMISSAL
|
|
| Docket Date |
2018-10-01
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
ECTR, L L C, AS TRUSTEE
|
|
| Docket Date |
2018-09-13
|
| Type |
Order
|
| Subtype |
Order on Motion To Abate
|
| Description |
ORD-GRANT MOTION TO ABATE ~ The parties' joint motion to stay appeal is granted. This appeal shall be stayed for 30 days from the date of this order, by the end of which period the appellant shall file a notice of voluntary dismissal or a status report or serve the initial brief.
|
|
| Docket Date |
2018-09-05
|
| Type |
Motions Other
|
| Subtype |
Motion To Abate
|
| Description |
Motion To Abate ~ APPEAL PENDING SETTLEMENT
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2018-08-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served within 30 days from the date of this order. To the extent that the parties are in settlement discussions, future requests for an extension may take the form of a motion to hold the appeal in abeyance, which the court will consider granting for a limited period of time.
|
|
| Docket Date |
2018-08-07
|
| 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 |
ECTR, L L C, AS TRUSTEE
|
|
| Docket Date |
2018-07-23
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 15 - IB due 08/07/18
|
| On Behalf Of |
ECTR, L L C, AS TRUSTEE
|
|
| Docket Date |
2018-06-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - IB due 07/23/18
|
| On Behalf Of |
ECTR, L L C, AS TRUSTEE
|
|
| Docket Date |
2018-06-06
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 15 - IB due 06/21/18
|
| On Behalf Of |
ECTR, L L C, AS TRUSTEE
|
|
| Docket Date |
2018-05-22
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ MERCURIO - 313 PAGES
|
|
| Docket Date |
2018-05-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - IB due 06/06/18
|
| On Behalf Of |
ECTR, L L C, AS TRUSTEE
|
|
| Docket Date |
2018-05-10
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ see stipulation
|
| On Behalf Of |
ECTR, L L C, AS TRUSTEE
|
|
| Docket Date |
2018-05-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
deny eot for no consultation ~ Appellant's motion for an extension of time is denied without prejudice to refile a motion within five days that demonstrates compliance with Florida Rule of Appellate Procedure 9.300(a) with respect to consultation with opposing counsel, failing which the brief shall be served by the current due date or within ten days of the date of this order, whichever is later.
|
|
| Docket Date |
2018-05-07
|
| 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 |
ECTR, L L C, AS TRUSTEE
|
|
| Docket Date |
2018-03-06
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2018-02-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2018-02-26
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2018-02-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-02-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
ECTR, L L C, AS TRUSTEE
|
|
|
|
JOSHUA A. CRITHFIELD, A/K/A JOSHUA CRITHFIELD VS CITIMORTGAGE, INC., ET AL.,
|
2D2018-0058
|
2018-01-04
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
15-CA-4216
|
Parties
| Name |
JOSHUA A. CRITHFIELD
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
RICHARD J. MOCKLER, ESQ.
|
|
| Name |
CITIMORTGAGE, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
WILLIAM P. HELLER, ESQ., Kathryn B. Hoeck, Esq., WILLIAM P. GRAY, ESQ., ERIC M. LEVINE, ESQ., NANCY M. WALLACE, ESQ.
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-01-11
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2019-01-10
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ This court acknowledges the expiration of the stay extension in case 8:18-bk-08436-RCT, United States Bankruptcy Court, Middle District of Florida. This appeal shall proceed. The abeyance period initiated by this court's August 9, 2018, order has concluded. Appellant shall serve the initial brief within 30 days of the date of this order.
|
|
| Docket Date |
2019-02-14
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2019-02-14
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDER GRANTING VOLUNTARY DISMISSAL
|
|
| Docket Date |
2019-02-06
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ APPELLEE'S REPLY TO CHAPTER 7 TRUSTEE'S RESPONSE TO STIPULATED DISMISSAL OF APPEAL
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2019-02-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ CHAPTER 7 TRUSTEE'S RESPONSE TO STIPULATED DISMISSAL OF APPEAL
|
|
| Docket Date |
2019-01-17
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-TO FILE RESPONSE ~ Within fifteen days of the date of this order, Steven L. Meininger, as trustee of the bankruptcy estate of Stay In My Home, P.A., shall file a response to the parties' January 11, 2019, stipulated dismissal. The parties may reply to Mr. Meininger’s response within fifteen days thereafter.
|
|
| Docket Date |
2018-11-16
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ STATUS REPORT AND NOTICE OF FILING OF ORDER CONFIRMING THEAUTOMATIC STAY PROVIDED BY 11 U.S.C. § 362 REMAINS IN EFFECT
|
|
| Docket Date |
2018-10-23
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ This court is prevented from any action in this appeal due to the stay imposed by the October 12, 2018, order entered by the United States Bankruptcy Court, Middle District of Florida, in case 8:18-bk-08436-RCT, unless the Trustee executes a consent or a party otherwise receives stay relief from the bankruptcy court which at this time has jurisdiction.It is ORDERED that the bankruptcy trustee shall, and the parties may, inform this court when the bankruptcy court grants relief from the stay or file a status report by November 16, 2018, whichever occurs first. The status report shall be served on all parties as required by Florida Rule of Judicial Administration 2.516(a).
|
|
| Docket Date |
2018-10-18
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ (NOTICE OF FILING BANKRUPTCY ORDER)
|
|
| Docket Date |
2018-09-27
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order
|
|
| Docket Date |
2018-09-21
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
JOSHUA A. CRITHFIELD
|
|
| Docket Date |
2018-09-21
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ is treated as a motion for an extension of time
|
| On Behalf Of |
JOSHUA A. CRITHFIELD
|
|
| Docket Date |
2018-09-18
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
JOSHUA A. CRITHFIELD
|
|
| Docket Date |
2018-09-13
|
| Type |
Order
|
| Subtype |
Abeyance Order
|
| Description |
Appeal In Abeyance ~ Upon consideration of the status report filed August 29, 2018, this appeal continues to be held in abeyance for an additional twenty days. At that time, appellant shall update the court on the status of the proceedings or file a notice of voluntary dismissal. Further requests to continue the abeyance period are unlikely to receive favorable consideration.
|
|
| Docket Date |
2018-08-29
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
JOSHUA A. CRITHFIELD
|
|
| Docket Date |
2018-08-16
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORDER GRANTING TO WITHDRAW AS COUNSEL ~ The motion to withdraw as counsel for the Appellant filed by Attorney Mark Stopa is granted. Attorney Stopa is relieved of further appellate responsibilities. Attorneys Richard Mockler and Latasha Scott remain counsel of record for the Appellant.
|
|
| Docket Date |
2018-08-13
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
JOSHUA A. CRITHFIELD
|
|
| Docket Date |
2018-08-10
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
JOSHUA A. CRITHFIELD
|
|
| Docket Date |
2018-08-09
|
| Type |
Order
|
| Subtype |
Order on Motion To Abate
|
| Description |
ORD-GRANT MOTION TO ABATE ~ Appellant’s motion to abate due to settlement is granted for a period of twenty days from the date of this order. At that time, appellant shall either file a notice of voluntary dismissal or a status report.
|
|
| Docket Date |
2018-07-25
|
| Type |
Motions Other
|
| Subtype |
Motion To Abate
|
| Description |
Motion To Abate ~ DUE TO SETTLEMENT
|
| On Behalf Of |
JOSHUA A. CRITHFIELD
|
|
| Docket Date |
2018-07-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served within 15 days from the date of this order. To the extent that the parties are in settlement discussions, future requests for an extension may take the form of a motion to hold the appeal in abeyance, which the court will consider granting for a limited period of time.
|
|
| Docket Date |
2018-07-05
|
| 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 |
JOSHUA A. CRITHFIELD
|
|
| Docket Date |
2018-06-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served within 15 days. Appellees’ objection is noted.
|
|
| Docket Date |
2018-06-08
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
JOSHUA A. CRITHFIELD
|
|
| Docket Date |
2018-06-07
|
| 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 |
JOSHUA A. CRITHFIELD
|
|
| Docket Date |
2018-05-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30- IB DUE 06/07/18
|
| On Behalf Of |
JOSHUA A. CRITHFIELD
|
|
| Docket Date |
2018-03-19
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ REDACTED - 45 PAGES
|
|
| Docket Date |
2018-03-09
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 60- IB DUE 05/08/18
|
| On Behalf Of |
JOSHUA A. CRITHFIELD
|
|
| Docket Date |
2018-01-30
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
JOSHUA A. CRITHFIELD
|
|
| Docket Date |
2018-01-09
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2018-01-09
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CITIMORTGAGE, INC.
|
|
| Docket Date |
2018-01-09
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2018-01-04
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2018-01-04
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
JOSHUA A. CRITHFIELD
|
|
|
