|
BESSIE I. POSTELL VS COMERICA BANK
|
4D2022-0595
|
2022-02-28
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE18-011937
|
Parties
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Bessie I. Postell
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Catherine A. Riggins
|
|
| Name |
COMERICA BANK
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Ileen Jill Cantor, Kerry Lynn Adams, Ronald M. Gache, Jennifer Kopf
|
|
| Name |
Hon. Barry Stone
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-10-27
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Ord-Supplement ROA & Toll Time for Brief ~ ORDERED that appellant's October 26, 2022 motion to supplement the record and toll time to serve initial brief is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within twenty (20) days from the date of this order. Appellant shall monitor the supplementation process; further,ORDERED that the time for filing appellant's initial brief is tolled until ten (10) days after the supplemental record is received.
|
|
| Docket Date |
2022-10-26
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion Supplemental Record & Eot For Brief
|
| On Behalf Of |
Comerica Bank
|
|
| Docket Date |
2023-05-15
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-05-12
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-04-20
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that appellee’s December 11, 2022 motion for 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 |
2023-04-20
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2023-01-11
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Bessie I. Postell
|
|
| Docket Date |
2023-01-10
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Bessie I. Postell
|
|
| Docket Date |
2023-01-03
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Deny Motion to Strike ~ Upon consideration of appellee's December 23, 2022 response, it is ORDERED that appellant's December 23, 2022 motion to strike is denied.
|
|
| Docket Date |
2022-12-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO STRIKE
|
| On Behalf Of |
Comerica Bank
|
|
| Docket Date |
2022-12-23
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
Bessie I. Postell
|
|
| Docket Date |
2022-12-12
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Comerica Bank
|
|
| Docket Date |
2022-12-12
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Comerica Bank
|
|
| Docket Date |
2022-11-29
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Moot ~ Upon consideration of the clerk’s November 21, 2022 response, it is ORDERED that appellee’s November 9, 2022 motion to correct the record is determined to be moot.
|
|
| Docket Date |
2022-11-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-11-21
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 16 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-11-15
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ ORDERED that the clerk in and for Broward County is directed to respond, within five (5) days from the date of this order, to appellee’s November 9, 2022 motion to correct the record.
|
|
| Docket Date |
2022-11-09
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Amend/Correct Record
|
| Description |
Motion To Correct the Record
|
| On Behalf Of |
Comerica Bank
|
|
| Docket Date |
2022-11-07
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 15 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-11-01
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORD-Amended Order ~ ORDERED that this court's October 27, 2022 order is amended as follows: ORDERED that appellee's October 26, 2022 motion to supplement the record and toll time to serve answer brief is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within twenty (20) days from the date of this order. Appellee shall monitor the supplementation process; further, ORDERED that the time for filing appellee's answer brief is tolled until ten (10) days after the supplemental record is received.
|
|
| Docket Date |
2022-10-25
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-deny motion to supplement per 9.300(a) ~ ORDERED that appellee's October 21, 2022 motion to supplement the record is denied without prejudice for failure to comply with Florida Rule of Appellate Procedure 9.300(a). See also this court's Notice to Attorneys and to Parties Representing Themselves, Paragraph 1.
|
|
| Docket Date |
2022-10-21
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Comerica Bank
|
|
| Docket Date |
2022-09-12
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Comerica Bank
|
|
| Docket Date |
2022-09-12
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 44 DAYS TO 10/25/22
|
|
| Docket Date |
2022-07-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Comerica Bank
|
|
| Docket Date |
2022-07-28
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 46 DAYS TO 9/12/22
|
|
| Docket Date |
2022-06-28
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Bessie I. Postell
|
|
| Docket Date |
2022-06-27
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-Discharging Show Cause ~ ORDERED that, upon consideration of appellant's response filed June 24, 2022, this court's June 14, 2022 order to show cause is discharged. Further,ORDERED that appellant’s motion for extension of time found within the response is granted, and appellant shall serve the initial brief within three (3) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2022-06-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ *AND* MOTION FOR EXTENSION
|
| On Behalf Of |
Bessie I. Postell
|
|
| Docket Date |
2022-06-14
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ***DISCHARGED 6/27/22***ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before June 24, 2022, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellant's initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2022-05-10
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Bessie I. Postell
|
|
| Docket Date |
2022-05-10
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 6/8/22
|
|
| Docket Date |
2022-05-03
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 859 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-04-19
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| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Comerica Bank
|
|
| Docket Date |
2022-04-19
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that Jennifer Kopf's April 18, 2022 notice of appearance 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.
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|
| Docket Date |
2022-04-18
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ **STRICKEN**
|
| On Behalf Of |
Comerica Bank
|
|
| Docket Date |
2022-03-02
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Bessie I. Postell
|
|
| Docket Date |
2022-03-01
|
| 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 |
2022-03-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-02-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-02-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Bessie I. Postell
|
|
|
|
WILLIS OF FLORIDA, INC. AND COMERICA BANK VS JAMES WM. KNOWLES, AS THE PERSONAL REPRESENTATIVE OF THE ESTATE OF TAMMY A. PARROTT, AND VALERIE A. CROW
|
2D2019-0140
|
2019-01-10
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Sarasota County
17-CA-2312-NC
|
Parties
| Name |
COMERICA BANK
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
WILLIS OF FLORIDA, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Julie E. Nevins, Esq., LAURA E. BESVINICK, ESQ., ROBERT G. LYONS, ESQ.
|
|
| Name |
Tammy A. Parrott
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
DEREK A. REAMS, ESQ.
|
|
| Name |
JAMES WM. KNOWLES
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Valerie A. Crow
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
HON. HUNTER CARROLL
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
SARASOTA CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-10-02
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Per Curiam Opinion
|
|
| Docket Date |
2019-09-17
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Tampa
|
|
| Docket Date |
2019-10-22
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2019-10-24
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2019-07-03
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on TUESDAY, SEPTEMBER 17, 2019, at 11:00 A.M., before: Judge Anthony K. Black, Judge Susan H. Rothstein-Youakim, Judge J. Andrew Atkinson. Oral argument will occur at the Second District Court of Appeal, Tampa Branch Headquarters, in the courtroom of the Stetson University College Of Law, Tampa Campus, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the receptionist by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument in this proceeding, the attorneys or parties will be notified by order no less than two weeks before the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.
|
|
| Docket Date |
2019-05-31
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ Noted
|
| On Behalf Of |
WILLIS OF FLORIDA, INC.
|
|
| Docket Date |
2019-05-31
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ PETITIONERS' REPLY IN SUPPORT OF PETITION FOR CERTIORARI
|
| On Behalf Of |
WILLIS OF FLORIDA, INC.
|
|
| Docket Date |
2019-05-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Reply to Response
|
| Description |
grant eot for cert reply ~ Petitioner's motion for extension of time to serve the reply is granted. The reply shall be served by May 31, 2019.
|
|
| Docket Date |
2019-05-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion Extension of Time To Reply To Response
|
| Description |
Motion Extension of TimeTo Reply To Response
|
| On Behalf Of |
WILLIS OF FLORIDA, INC.
|
|
| Docket Date |
2019-04-18
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE ~ RESPONDENTSO SUPPLEMENT TO PETITIONER'S CORKECTEDAPPENDIX TO PETITION FOR CERTIORARI
|
| On Behalf Of |
Tammy A. Parrott
|
|
| Docket Date |
2019-04-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONDENT'S RESPONSE TO ORDER TO SHOW CAUSE AND PETITION FOR CERTIORARI
|
| On Behalf Of |
Tammy A. Parrott
|
|
| Docket Date |
2019-03-22
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion-79 ~ Petitioners' notice of change of case style is treated as a motion to substitute party and is granted. Attorney Derek A. Reams is counsel of record for Respondent James Wm. Knowles, as the Personal Representative of the Estate of Tammy A. Parrott.
|
|
| Docket Date |
2019-03-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO ORDER TO SHOW CAUSE
|
| On Behalf Of |
WILLIS OF FLORIDA, INC.
|
|
| Docket Date |
2019-02-14
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORDER VACATED ~ The response order dated January 31, 2019, is vacated, and within fifteen days, petitioner shall show cause why this petition should not be dismissed for lack of jurisdiction.
|
|
| Docket Date |
2019-02-13
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF CHANGE OF CASE STYLE
|
| On Behalf Of |
WILLIS OF FLORIDA, INC.
|
|
| Docket Date |
2019-02-11
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ PETITIONERS' NOTICE OF COMPLIANCE WITH JANUARY 31, 2019 ORDERAND MOTION TO STAY LOWER COURT PROCEEDINGS
|
| On Behalf Of |
WILLIS OF FLORIDA, INC.
|
|
| Docket Date |
2019-01-31
|
| Type |
Order
|
| Subtype |
Order to Respond to Petition
|
| Description |
certiorari response - pretrial ~ **VACATED PER ORDER OF 02/14/19** Respondent shall serve a response to the petition for writ of certiorari within 30 days. Petitioner may serve a reply within 30 days thereafter. The parties shall keep this court apprised of all hearings or trial dates that may affect this proceeding.
|
|
| Docket Date |
2019-01-15
|
| Type |
Record
|
| Subtype |
Amended Appendix
|
| Description |
AMENDED APPENDIX OR ATTACHMENT ~ CORRECTED APPENDIX TO PETITION FOR CERTIORARI
|
| On Behalf Of |
WILLIS OF FLORIDA, INC.
|
|
| Docket Date |
2019-01-11
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2019-01-10
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-01-10
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
WILLIS OF FLORIDA, INC.
|
|
| Docket Date |
2019-01-10
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
ORIGINAL APPENDIX OR ATTACHMENT
|
| On Behalf Of |
WILLIS OF FLORIDA, INC.
|
|
|
|
YELLOW MARINE LEASING, LLC and CULLAN F. MEATHE VS COMERICA BANK
|
4D2016-0650
|
2016-02-29
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE11024663 (03)
|
Parties
| Name |
CULLAN F. MEATHE
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
YELLOW MARINE LEASING, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
David A. Strauss
|
|
| Name |
COMERICA BANK
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
BRANDON J. WEITZMAN, ZACHARY J. ESKAU, Jared Quartell
|
|
| Name |
HON. PETER M. WEINSTEIN
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-04-17
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2017-04-17
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2017-03-23
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2016-11-17
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
YELLOW MARINE LEASING, LLC
|
|
| Docket Date |
2016-11-17
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (657 PAGES)
|
|
| Docket Date |
2016-11-07
|
| 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 October 25, 2016, 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 the record on appeal.
|
|
| Docket Date |
2016-10-25
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE.
|
|
| Docket Date |
2016-09-26
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Comerica Bank
|
|
| Docket Date |
2016-08-30
|
| 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 26, 2016 motion for extension of time is granted, and appellee shall serve the answer brief on or before September 26, 2016. 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 |
2016-08-26
|
| 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 |
Comerica Bank
|
|
| Docket Date |
2016-08-15
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief
|
| On Behalf Of |
YELLOW MARINE LEASING, LLC
|
|
| Docket Date |
2016-08-04
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that the appellant's initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.210 in that it does not list the issues presented for review, with references to pages. An amended brief in compliance with the rules shall be filed within ten (10) days from the date of this order. The time for any responsive briefing shall be tolled until service of this amended brief.
|
|
| Docket Date |
2016-08-01
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ **STRICKEN 8/4/16**
|
| On Behalf Of |
YELLOW MARINE LEASING, LLC
|
|
| Docket Date |
2016-06-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants' June 3, 2016 motion for extension of time is granted, and appellants shall serve the initial brief on or before August 1, 2016. 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 |
2016-06-03
|
| 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 |
YELLOW MARINE LEASING, LLC
|
|
| Docket Date |
2016-05-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants' May 3, 2016 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 |
2016-05-03
|
| 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 |
YELLOW MARINE LEASING, LLC
|
|
| Docket Date |
2016-03-02
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-02-29
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2016-02-29
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
YELLOW MARINE LEASING, LLC
|
|
|
|
JUANA RODRIGUEZ MARRERO VS THE WATCHTOWER BIBLE & TRACT, ET AL.
|
4D2016-0348
|
2016-01-29
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2015CA004199XXXXMB
|
Parties
| Name |
JUANA RODRIGUEZ MARRERO
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
SAMUEL F. HERD
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PROVICTOR PROPERTY FUND IV
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ANTHONY MORRIS I I I
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
COMERICA BANK
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JEFFREY JACKSON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
THE WATCHTOWER BIBLE & TRACT
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Joseph L. Ackerman, ROBERT C. JAMES
|
|
| Name |
GUY PIERCE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FIDELITY INVESTMENTS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-09-29
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Order
|
| Description |
Misc. Supreme Court Order ~ SC16-923
|
|
| Docket Date |
2016-08-19
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ (NOTICE OF REHEARING MOTION, ETC.)
|
| On Behalf Of |
JUANA RODRIGUEZ MARRERO
|
|
| Docket Date |
2016-08-10
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Miscellaneous
|
| Description |
Supreme Court Disposition ~ SC16-923
|
|
| Docket Date |
2016-05-27
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Ack. Receipt from Supreme Court ~ SC16-923
|
|
| Docket Date |
2016-05-24
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice sent to the Supreme Court
|
|
| Docket Date |
2016-05-23
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice of Discretionary Jurisdiction to Supreme Court
|
| On Behalf Of |
JUANA RODRIGUEZ MARRERO
|
|
| Docket Date |
2016-05-23
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Misc. LT pleadings ~ MOTION FOR RE-HEARING FOR REINSTATEMENT (STYLED IN SUPREME COURT)
|
|
| Docket Date |
2016-05-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
Deny Motion to Reinstate ~ ORDERED that appellant's April 13, 2016 "resubmit notice of appeal" is treated as a motion for reinstatement and is denied. Appellant seeks review of orders rendered on October 28, 2015, but the notice of appeal was not filed until January 29, 2016. Thus, this appeal untimely and this court lacks jurisdiction over it. The appeal remains dismissed. All pending motions are denied as moot.
|
|
| Docket Date |
2016-05-03
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Misc. LT pleadings
|
|
| Docket Date |
2016-04-27
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigent Status
|
|
| Docket Date |
2016-04-20
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO TIMELINESS ORDER ("NOTICE OF FILING")
|
| On Behalf Of |
THE WATCHTOWER BIBLE & TRACT
|
|
| Docket Date |
2016-04-13
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ COPY OF APP. FOR INDIGENT STATUS (ORIGINAL SENT TO L.T.)
|
| On Behalf Of |
JUANA RODRIGUEZ MARRERO
|
|
| Docket Date |
2016-04-13
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time for Record
|
| Description |
Motion Extension of Time To File Record
|
| On Behalf Of |
JUANA RODRIGUEZ MARRERO
|
|
| Docket Date |
2016-04-13
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
JUANA RODRIGUEZ MARRERO
|
|
| Docket Date |
2016-02-29
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the February 19, 2016 notice of voluntary dismissal, this case is dismissed; further,ORDERED that appellant's February 11, 2016 motion is determined to be moot.
|
|
| Docket Date |
2016-02-29
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2016-02-19
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
JUANA RODRIGUEZ MARRERO
|
|
| Docket Date |
2016-02-15
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ ORDERED, upon consideration of appellant's February 11, 2016 motion, appellant shall file a response with this court by no later than February 25, 2016 which specifically states whether she does or does not wish to pursue an appeal in this court.
|
|
| Docket Date |
2016-02-11
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion
|
| On Behalf Of |
JUANA RODRIGUEZ MARRERO
|
|
| Docket Date |
2016-02-03
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se civil appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of the entry of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the Clerk of the Circuit Court within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The Clerk of the Circuit Court shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2016-02-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-01-29
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
JUANA RODRIGUEZ MARRERO
|
|
| Docket Date |
2016-01-29
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
DM:No Fee - Case Dismissed
|
|
|
|
BESSIE I. POSTELL VS COMERICA BANK, et al.
|
4D2015-3819
|
2015-10-13
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
10-16775 CACE 13
|
Parties
| Name |
Bessie I. Postell
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Catherine A. Riggins
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
COMERICA BANK
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Nicholas Steven Agnello, EDWARD MCDONOUGH, TANYA SIMPSON, RICK A. GARCIA, JOHN ROBERT CHILES
|
|
| Name |
Bank of America, N.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
COUNTRYWIDE HOME LOANS SERV.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BAC HOME LOANS SERVICING, LP
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. KATHLEEN D. IRELAND (DNU)
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-06-03
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2016-06-03
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2016-05-18
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Per Curiam Opinion
|
|
| Docket Date |
2016-05-02
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Bessie I. Postell
|
|
| Docket Date |
2016-04-25
|
| Type |
Notice
|
| Subtype |
Concession/Confession of Error
|
| Description |
Confession of Error ~ ("RESPONSE TO APPEAL")
|
| On Behalf Of |
Comerica Bank
|
|
| Docket Date |
2016-04-08
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 05/13/16
|
| On Behalf Of |
Comerica Bank
|
|
| Docket Date |
2016-03-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 04/13/16
|
| On Behalf Of |
Comerica Bank
|
|
| Docket Date |
2016-02-15
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Bessie I. Postell
|
|
| Docket Date |
2016-01-25
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 20 DAYS TO 2/10/16
|
| On Behalf Of |
Bessie I. Postell
|
|
| Docket Date |
2016-01-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 10 DAYS TO 01/21/16
|
| On Behalf Of |
Bessie I. Postell
|
|
| Docket Date |
2015-12-10
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 01/11/16
|
| On Behalf Of |
Bessie I. Postell
|
|
| Docket Date |
2015-10-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Comerica Bank
|
|
| Docket Date |
2015-10-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2015-10-13
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Bessie I. Postell
|
|
| Docket Date |
2015-10-13
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2016-05-18
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that the appellant's May 2, 2016 motion for 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 |
2016-01-21
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ THREE (3) VOLUMES
|
|
| Docket Date |
2016-01-14
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
Received Exhibits
|
|
| Docket Date |
2015-10-15
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
|
