|
Synovus Bank, etc., Appellant(s), v. Water Place Group, LLC, etc., et al., Appellee(s).
|
3D2023-1033
|
2023-06-09
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
10-54597
|
Parties
| Name |
ILYA PALINSKY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SYNOVUS BANK
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
RHYS P. LEONARD, LARA ROESKE FERNANDEZ, Paul D Friedman, Rebecca Frances Holljes
|
|
| Name |
WATER PLACE GROUP, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Ryan Matthew Clancy, Michel Ociacovski Weisz
|
|
| Name |
ANDRES PEREZ
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HECTOR HERNANDEZ INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
YELLOW FUNDING CORP.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Glen H. Waldman, Eleanor Trotman Barnett, Marlon Jay Weiss
|
|
| Name |
ELENA PALINSKY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ALAIN PALINSKY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CHLOE PALINSKY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FPAL, CORP.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GPAL, CORP.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HPAL, CORP.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
IPAL, CORP.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
NPAL, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RPAL, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TPAL, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Lisa S. Walsh
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HON. ALAN FINE
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Shimon Wolkowicki
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Glen H. Waldman, Eleanor Trotman Barnett, Marlon Jay Weiss
|
|
| Name |
CENALL FUNDING, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-05-31
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp. w/o Mandate
|
|
| Docket Date |
2024-05-31
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-05-31
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
IT IS HEREBY ORDERED that the parties' Joint Stipulation for Dismissal is recognized by the Court, and this appeal from the Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County, Florida, is hereby dismissed.
|
| View |
View File
|
|
| Docket Date |
2024-05-24
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Joint Stipulation for Dismissal
|
| On Behalf Of |
Synovus Bank
|
| View |
View File
|
|
| Docket Date |
2024-04-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief-30 days to 06/07/2024(GRANTED)
|
| On Behalf Of |
Shimon Wolkowicki
|
| View |
View File
|
|
| Docket Date |
2024-04-05
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Corrected Initial Brief
|
| On Behalf Of |
Synovus Bank
|
| View |
View File
|
|
| Docket Date |
2024-03-20
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Record
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2024-03-19
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
The Joint Motion to Supplement the Record, filed on March 19,
2024, is granted, and the clerk of the trial court is directed to supplement the
record on appeal with the transcripts as stated in said Motion.
|
| View |
View File
|
|
| Docket Date |
2024-03-19
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
JOINT MOTION TO SUPPLEMENT THE RECORD ON APPEAL PURSUANT TO FLA. R. APP. P. 9.200(f)
|
| On Behalf Of |
Synovus Bank
|
| View |
View File
|
|
| Docket Date |
2024-03-18
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
JOINT MOTION FOR EXTENSION OF TIME TO FILE ANSWER BRIEFS- 60 days to 05/17/2024(Granted)
|
| On Behalf Of |
Shimon Wolkowicki
|
| View |
View File
|
|
| Docket Date |
2024-03-08
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript VOLUMES I - VII
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2024-02-08
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief- 30 days to 03/16/2024 (GRANTED)
|
| On Behalf Of |
Shimon Wolkowicki
|
| View |
View File
|
|
| Docket Date |
2024-02-07
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing Designation of Court Reporter
|
| On Behalf Of |
Synovus Bank
|
| View |
View File
|
|
| Docket Date |
2023-11-15
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Record
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2023-11-08
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Amend/Correct Record
|
| Description |
Appellant's Agreed Motion to Correct Record and Supplement the Record on Appeal Pursuant to FLA.R.APP.P 9.200(f)
|
| On Behalf Of |
Synovus Bank
|
| View |
View File
|
|
| Docket Date |
2023-10-06
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Order on Agreed Extension of Time- IB - 60 days to 12/15/2023.
|
| View |
View File
|
|
| Docket Date |
2023-10-06
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Appellant's Second Notice of Agreed Extension of Time
|
| On Behalf Of |
Synovus Bank
|
| View |
View File
|
|
| Docket Date |
2023-08-21
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcripts
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2023-08-16
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Shimon Wolkowicki
|
| View |
View File
|
|
| Docket Date |
2023-08-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-60 days to 10/16/2023
|
|
| Docket Date |
2023-08-14
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
Synovus Bank
|
| View |
View File
|
|
| Docket Date |
2023-06-19
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ Certificate of Service
|
| On Behalf Of |
Synovus Bank
|
| View |
View File
|
|
| Docket Date |
2023-06-09
|
| Type |
Order
|
| Subtype |
Certificate of Service
|
| Description |
Ap/ant Ordered to File Cert. of Serv. (OR50) ~ All pleadings filed in this Court must be served on each party and contain a certificate of service stating the names and addresses of those served. See Fla. R. App. P. 9.420. Within ten (10) days from the date of this Order, counsel for the appellant is directed to file with this Court a certificate of service indicating the addresses of all the parties in this appeal.
|
| View |
View File
|
|
| Docket Date |
2023-06-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ INCOMPLETE CERTIFICATE OF SERVICE CASES: 23-799, 18-1498, 12-2033, 12-843, 11-2423, 11-72
|
| On Behalf Of |
Synovus Bank
|
| View |
View File
|
|
| Docket Date |
2023-06-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2023-06-09
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
| View |
View File
|
|
| Docket Date |
2024-01-16
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Appellant's Initial Brief
|
| On Behalf Of |
Synovus Bank
|
| View |
View File
|
|
| Docket Date |
2023-12-14
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
CORRECTED RECORD ON APPEAL
TRANSCRIPT OF TRIAL
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2023-11-13
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Appellant's Agreed Motion to Correct and Supplement the
Record on Appeal, filed on November 8, 2023, 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.
Order on Motion to Supplement Record
|
| View |
View File
|
|
| Docket Date |
2023-11-08
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
Appellants' Joint Motion to Consolidate and for Extension of Time to file the initial brief is granted, and it is ordered that the above-referenced appeals are hereby consolidated for the purpose of traveling together and for the record. Appellants shall file the initial briefs on or before January 15, 2024.
Order on Motion to Consolidate
|
| View |
View File
|
|
|
|
Shimon Wolkowicki, et al., Appellant(s), v. Synovus Bank, etc., Appellee(s).
|
3D2023-0799
|
2023-05-03
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
10-54597
|
Parties
| Name |
Shimon Wolkowicki
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Eleanor Trotman Barnett, Marlon Jay Weiss, Glen H. Waldman
|
|
| Name |
YELLOW FUNDING CORP.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ANDRES PEREZ
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HECTOR HERNANDEZ INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ILYA PALINSKY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CENALL FUNDING, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ELENA PALINSKY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MICHELE PALINSKY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ALAIN PALINSKY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CHLOE PALINSKY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FPAL, CORP.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GPAL, CORP.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HPAL, CORP.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
IPAL, CORP.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
NPAL, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RPAL, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TPAL, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Lisa S. Walsh
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
SYNOVUS BANK
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Rebecca Frances Holljes, Paul D. Friedman, Rhys Leonard, Lara Fernandez
|
|
| Name |
WATER PLACE GROUP, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-05-31
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp. w/o Mandate
|
|
| Docket Date |
2024-05-31
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-05-31
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
IT IS HEREBY ORDERED that the parties' Joint Stipulation for Dismissal is recognized by the Court, and this appeal from the Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County, Florida, is hereby dismissed.
|
| View |
View File
|
|
| Docket Date |
2024-05-30
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Joint Stipulation for Dismissal
|
| On Behalf Of |
Shimon Wolkowicki
|
| View |
View File
|
|
| Docket Date |
2024-03-27
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
| On Behalf Of |
Synovus Bank
|
| View |
View File
|
|
| Docket Date |
2024-03-26
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
The appellees are directed to file an answer brief in this cause within ten (10) days from the date of this Order or be precluded from filing a brief and/or presenting an oral argument to the Court in this cause. See Fla. R. App. P. 9.410.
|
| View |
View File
|
|
| Docket Date |
2024-02-08
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief- 30 days to 03/16/2024 (GRANTED)
|
| On Behalf Of |
Shimon Wolkowicki
|
| View |
View File
|
|
| Docket Date |
2024-01-16
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Shimon Wolkowicki
|
| View |
View File
|
|
| Docket Date |
2023-11-08
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
Appellants' Joint Motion to Consolidate and for Extension of Time to file the
initial brief is granted, and it is ordered that the above-referenced appeals are hereby
consolidated for the purpose of traveling together and for the record. Appellants shall file
the initial briefs on or before January 15, 2024.
Order on Motion to Consolidate
|
| View |
View File
|
|
| Docket Date |
2023-11-07
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Joint Motion To Consolidate and for Extension of Time
|
| On Behalf Of |
Shimon Wolkowicki
|
| View |
View File
|
|
| Docket Date |
2023-10-12
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Synovus Bank
|
| View |
View File
|
|
| Docket Date |
2023-09-15
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Order on Agreed Extension of Time-IB-60 days to 11/10/2023.
|
| On Behalf Of |
Shimon Wolkowicki
|
| View |
View File
|
|
| Docket Date |
2023-09-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
Shimon Wolkowicki
|
| View |
View File
|
|
| Docket Date |
2023-07-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-60 days to 9/11/23
|
|
| Docket Date |
2023-07-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
Shimon Wolkowicki
|
| View |
View File
|
|
| Docket Date |
2023-07-05
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcripts
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2023-05-17
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ DESIGNATION TO APPROVED COURT REPORTER, CIVIL COURT REOIRTER, OR APPROVED TRANSCRIPTIONIST, AND REPORTER'S OR APPROVED TRANSCRIPTIONIST'S ACKNOWLEDGEMENT
|
| On Behalf Of |
Shimon Wolkowicki
|
| View |
View File
|
|
| Docket Date |
2023-05-04
|
| Type |
Misc. Events
|
| Subtype |
Certificate
|
| Description |
Certificate ~ OF SERVICE
|
| On Behalf Of |
Shimon Wolkowicki
|
| View |
View File
|
|
| Docket Date |
2023-05-03
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ 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 May 13, 2023.
|
| View |
View File
|
|
| Docket Date |
2023-05-03
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ INCOMPLETE CERTIFICATE OF SERVICE CASES: 18-1498, 12-2033, 12-843, 11-2423, 11-72
|
| On Behalf Of |
Shimon Wolkowicki
|
| View |
View File
|
|
| Docket Date |
2023-05-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
| View |
View File
|
|
| Docket Date |
2023-05-03
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2024-05-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Appellee's Unopposed Motion for Extension of Time to Serve Answer Brief in order for the Parties to Finalize and Execute a Settlement Agreement Resolving their Respective Appeals- 21 days to 06/07/2024(GRANTED)
|
| On Behalf Of |
Synovus Bank
|
| View |
View File
|
|
| Docket Date |
2024-03-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Appellee Synovus Bank's Motion for Extension of Time to File
Answer Brief is hereby granted to and including May 17, 2024. Multiple
extensions of time for the same filing are discouraged. Absent extenuating
circumstances, subsequent requests may be denied.
|
| View |
View File
|
|
|
|
WILLIE JAMES PERRY, EARL PERRY, JR. AND LEO EDWARD PERRY VS CHARMANT THEODORE, GUILENE THEODORE, MARCIO VIERIA AND SYNOVUS BANK
|
2D2023-0919
|
2023-05-01
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
20-CA-9876
|
Parties
| Name |
WILLIE JAMES PERRY
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
SARAH A. NACCACHE, ESQ., YUSUF HAIDERMOTA, ESQ., RONALD H. TRYBUS, ESQ.
|
|
| Name |
EARL PERRY, JR.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
LEO EDWARD PERRY
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
CHARMANT THEODORE
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Jeffrey Neil Golant, Esq., KEITH P. MERRITT, ESQ.
|
|
| Name |
MARCIO VIERIA
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
SYNOVUS BANK
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
GUILENE THEODORE
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
HON. EMILY PEACOCK
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HON. RONALD FICARROTTA
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-06-22
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2023-06-06
|
| Type |
Disposition
|
| Subtype |
Granted
|
| Description |
Granted - Order by Judge ~ CASANUEVA, VILLANTI, and SMITH
|
|
| Docket Date |
2023-06-05
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ PETITIONERS' REPLY TO RESPONDENTS' RESPONSE TO PETITION FOR WRIT OF PROHIBITION
|
| On Behalf Of |
WILLIE JAMES PERRY
|
|
| Docket Date |
2023-05-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO PETITION FOR WRIT OF PROHIBITION
|
| On Behalf Of |
CHARMANT THEODORE
|
|
| Docket Date |
2023-05-04
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
OSC grant prohibition ~ The respondent shall show cause within 15 days from the date of this order whythis petition for writ of prohibition should not be granted. The petitioner may reply within15 days of service of the response. This order operates as a stay of the lower tribunalproceedings pursuant to Florida Rule of Appellate Procedure 9.100(h). The stayremains in effect pending resolution of the petition or until lifted by order of this court.
|
|
| Docket Date |
2023-05-02
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2023-05-01
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-05-01
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
ORIGINAL APPENDIX OR ATTACHMENT
|
| On Behalf Of |
WILLIE JAMES PERRY
|
|
| Docket Date |
2023-05-01
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
WILLIE JAMES PERRY
|
|
| Docket Date |
2023-06-06
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion-79 ~ Petitioner's petition for a writ prohibiting Judge Emily Peacock from presidingfurther in circuit court case number 20-CA-9876 is granted as the petitioners' motion todisqualify the judge filed in the circuit court is deemed legally sufficient. See ShoreMariner Condominium Ass'n, Inc. v. Antonious, 722 So. 2d 247, 248 (Fla. 2d DCA 1998)("Trial judges must studiously avoid the appearance of favoring one party in a lawsuit,and suggesting to counsel or a party how to proceed strategically constitutes a breachof this principle.").Accordingly, Chief Judge Ronald Ficarrotta shall immediately appoint asuccessor judge pursuant to Florida Rule of General Practice and JudicialAdministration 2.215(b)(4).
|
|
|
|
RAFAEL VILLA and LUZ D. VILLA VS TILLES INVESTMENTS LLC, et al.
|
4D2020-1580
|
2020-07-14
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Martin County
2018CA001307CAAXMX
|
Parties
| Name |
Luz D. Villa
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Rafael Villa
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Dennis A. Donet
|
|
| Name |
TILLES INVESTMENTS, LLC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Kelley & Fulton, P.L., Adam Grant Schwartz
|
|
| Name |
SYNOVUS BANK
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Barry Meadow
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Michael J. McNicholas
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Gary L. Sweet
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Martin
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-08-03
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Rafael Villa
|
|
| Docket Date |
2020-09-01
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ Upon consideration of appellants’ August 3, 2020 “statement of jurisdiction” and appellee’s August 5, 2020 response, it is ORDERED sua sponte that the above-styled appeal is dismissed for lack of jurisdiction. See Burgos-Vazquez v. JP Morgan Chase Bank, 193 So. 3d 23, 24 (Fla. 4th DCA 2016) (holding that an order denying a motion to cancel sale is a nonfinal, nonappealable order); Popescu v. JP Morgan Chase Bank, NA, 162 So. 3d 10 (Fla. 4th DCA 2014) (“We dismiss the appeal from the order granting substitution of parties, which we treat as a motion to amend to correct the defendant's name, as the order is a non-final, non-appealable order. See Fla. R. App. P. 9.130.”); Pridgen v. First Union Bank, 879 So. 2d 21 (Fla. 2d DCA 2004) (“An order that merely schedules a foreclosure sale is not a final appealable order.”). Further,Upon consideration of appellants’ August 5, 2020 response, it isORDERED that appellee’s July 24, 2020 “motion to dismiss appeal for lack of jurisdiction over a non-appealable, non-final order” is determined to be moot. Further,Upon consideration of appellee’s August 6, 2020 response in opposition, it is ORDERED that appellants’ August 5, 2020 motion to temporarily relinquish jurisdiction is determined to be moot. The court declines to treat the appeal as a petition for writ of certiorari, as any harm cannot be considered irreparable and not remediable on appeal. LEVINE, C.J., WARNER and GERBER, JJ., concur.
|
|
| Docket Date |
2020-09-01
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2020-08-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Tilles Investments LLC
|
|
| Docket Date |
2020-08-05
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Tilles Investments LLC
|
|
| Docket Date |
2020-08-05
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
|
| On Behalf Of |
Rafael Villa
|
|
| Docket Date |
2020-08-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO DISMISS
|
| On Behalf Of |
Rafael Villa
|
|
| Docket Date |
2020-08-03
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
ORD-FROM CIRCUIT COURT/AGENCY
|
| On Behalf Of |
Clerk - Martin
|
|
| Docket Date |
2020-07-24
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
Tilles Investments LLC
|
|
| Docket Date |
2020-07-24
|
| 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, appellants 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. Appellants shall specifically address how the two orders on the omnibus motion are appealable pursuant to Florida Rule of Appellate Procedure 9.110 or 9.130. Popescu v. JP Morgan Chase Bank, NA, 162 So. 3d 10 (Fla. 4th DCA 2014) ("We dismiss the appeal from the order granting substitution of parties, which we treat as a motion to amend to correct the defendant's name, as the order is a non-final, non-appealable order. See Fla. R. App. P. 9.130."); Pridgen v. First Union Bank, 879 So. 2d 21 (Fla. 2d DCA 2004) ("An order that merely schedules a foreclosure sale is not a final appealable order."); Burgos-Vazquez v. JP Morgan Chase Bank, 193 So. 3d 23, 24 (Fla. 4th DCA 2016) (holding that an order denying a motion to cancel sale is a nonfinal, nonappealable order); further,Appellees may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2020-07-23
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Rafael Villa
|
|
| Docket Date |
2020-07-23
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF RELATED CASE. W/4D20-1003
|
| On Behalf Of |
Rafael Villa
|
|
| Docket Date |
2020-07-14
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. 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 |
2020-07-14
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Rafael Villa
|
|
| Docket Date |
2020-07-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-07-14
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
RAFAEL VILLA and LUZ D. VILLA VS TILLES INVESTMENTS, LLC et al.
|
4D2020-1003
|
2020-04-20
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Martin County
432018CA001307
|
Parties
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Rafael Villa
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Dennis A. Donet
|
|
| Name |
Luz D. Villa
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
A-1 CLEANING CONCEPTS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TILLES INVESTMENTS, LLC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SYNOVUS BANK
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Adam Grant Schwartz, Dorothy Ann A. Dlugolecki, Kelley & Fulton, P.L.
|
|
| Name |
Barry Meadow
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Michael J. McNicholas
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Martin
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-11-10
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ ORDERED that appellants’ November 9, 2020 “motion for dismissal of appeal with prejudice due to settlement” is treated as a notice of voluntary dismissal, and this case is dismissed.
|
|
| Docket Date |
2020-11-10
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2020-11-09
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ MOTION FOR DISMISSAL OF APPEAL WITH PREJUDICE DUE TO SETTLEMENT
|
| On Behalf Of |
Rafael Villa
|
|
| Docket Date |
2020-10-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ October 23, 2020 motion for extension of time is granted, and appellants shall serve the initial brief on or before November 9, 2020. 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 |
2020-10-23
|
| 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 |
Rafael Villa
|
|
| Docket Date |
2020-09-29
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ CONFORMED COPIES OF TRIAL COURT'S ORDERS ISSUED DURING RELINQUISHMENT
|
| On Behalf Of |
Rafael Villa
|
|
| Docket Date |
2020-09-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ September 22, 2020 motion for extension of time is granted, and appellants shall serve the initial brief on or before October 26, 2020. 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 |
2020-09-22
|
| 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 |
Rafael Villa
|
|
| Docket Date |
2020-09-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORD-Granting EOT for Relinquishment of Juris. ~ ORDERED that appellants' September 21, 2020 motion to extend relinquishment is granted. Relinquishment of jurisdiction to the trial court is continued to and including September 28, 2020.Appellants shall forward to this court a copy of any order issued during relinquishment. It is further ordered that appellants shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellants to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
| Docket Date |
2020-09-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ FOR TEMPORARY RELINQUISHMENT OF JURISDICTION
|
| On Behalf Of |
Rafael Villa
|
|
| Docket Date |
2020-09-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORD-Granting EOT for Relinquishment of Juris. ~ ORDERED that appellants' September 14, 2020 motion to extend relinquishment is granted. Relinquishment of jurisdiction to the trial court is continued to and including September 21, 2020.Appellants shall forward to this court a copy of any order issued during relinquishment. It is further ordered that appellants shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellants to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
| Docket Date |
2020-09-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ FOR TEMPORARY RELINQUISHMENT OF JURISDICTION
|
| On Behalf Of |
Rafael Villa
|
|
| Docket Date |
2020-08-31
|
| Type |
Order
|
| Subtype |
Order Relinquishing Jurisdiction
|
| Description |
Jurisdiction Relinquished ~ Upon consideration of appellee's August 14, 2020 response in opposition, it is ORDERED that appellants' August 7, 2020 motion to temporarily relinquish jurisdiction is granted. Jurisdiction is relinquished to the trial court for fifteen (15) days for the purpose of disposing of appellants' pending motion for reconsideration filed pursuant to Florida Rule of Judicial Administration 2.330(h) and "motion for extension of time and to consider timely filed . . ." Appellants shall forward to this court a copy of any order issued during relinquishment. It is further ordered that appellants shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellants to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
| Docket Date |
2020-08-24
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ TO 09/25/2020
|
|
| Docket Date |
2020-08-24
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Rafael Villa
|
|
| Docket Date |
2020-08-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO MOTION TO RELINQUISH JURISDICTION
|
| On Behalf Of |
Synovus Bank
|
|
| Docket Date |
2020-08-07
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
|
| On Behalf Of |
Rafael Villa
|
|
| Docket Date |
2020-08-03
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
ORD-FROM CIRCUIT COURT/AGENCY
|
| On Behalf Of |
Clerk - Martin
|
|
| Docket Date |
2020-07-27
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 08/26/2020
|
|
| Docket Date |
2020-07-27
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Rafael Villa
|
|
| Docket Date |
2020-07-14
|
| Type |
Order
|
| Subtype |
Order on Motion For Substitution of Parties
|
| Description |
ORD-Allowing Substitution of Parties ~ ORDERED that the June 23, 2020 motions to substitute party are granted, and Tilles Investments, LLC is substituted as the appellee in the above-styled appeal in place of appellees Barry Meadow and Synovus Bank.
|
|
| Docket Date |
2020-06-24
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 712 PAGES (PAGES 1-695)
|
| On Behalf Of |
Clerk - Martin
|
|
| Docket Date |
2020-06-24
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ TO 07/27/2020
|
|
| Docket Date |
2020-06-24
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Rafael Villa
|
|
| Docket Date |
2020-06-23
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion For Substitution of Parties
|
| Description |
Motion For Substitution of Parties
|
| On Behalf Of |
Synovus Bank
|
|
| Docket Date |
2020-06-23
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Synovus Bank
|
|
| Docket Date |
2020-04-27
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Rafael Villa
|
|
| Docket Date |
2020-04-20
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-04-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Rafael Villa
|
|
| Docket Date |
2020-04-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-04-20
|
| 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.
|
|
|
|
PAUL STEFAN AND EDSON O. TREVIZAN VS SYNOVUS BANK, FLORIDA COMMUNITY BANK, N. A. , PREMIER AMERICAN BANK, N. A. AND PENINSULA BANK
|
2D2019-3951
|
2019-10-15
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Tenth Judicial Circuit, Polk County
2009CA-005228-0000-00
|
Parties
| Name |
PAUL STEFAN
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
MICHAEL A. NARDELLA, ESQ., John J. Bennett, Esq.
|
|
| Name |
EDSON O. TREVIZAN
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PENINSULA BANK
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SYNOVUS BANK
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
JAMES C. VALENTI, ESQ., NICHOLAS LAFALCE, ESQ., JOHN A. ANTHONY, ESQ., JESSE M. TILDEN, ESQ.
|
|
| Name |
PREMIER AMERICAN BANK, N. A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FLORIDA COMMUNITY BANK, N. A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HONORABLE WAYNE DURDEN
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
POLK CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-02-26
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2020-02-26
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDER GRANTING VOLUNTARY DISMISSAL
|
|
| Docket Date |
2020-02-25
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ AMENDED - REDACTED - 181 PAGES
|
|
| Docket Date |
2020-02-05
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ REDACTED - 102 PAGES
|
|
| Docket Date |
2019-12-06
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 90 - IB DUE 3/18/20
|
| On Behalf Of |
PAUL STEFAN
|
|
| Docket Date |
2019-10-15
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
| On Behalf Of |
PAUL STEFAN
|
|
| Docket Date |
2019-10-15
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ WITH ORDER
|
| On Behalf Of |
PAUL STEFAN
|
|
| Docket Date |
2019-10-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2019-10-15
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2020-02-24
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ JOINT STIPULATION FOR DISMISSAL UPON SETTLEMENT
|
| On Behalf Of |
PAUL STEFAN
|
|
|
|
BANK OF THE OZARKS VS PATRICK RYAN BRAY, ET AL.,
|
2D2017-2726
|
2017-06-29
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Manatee County
2015-CA-4180
|
Parties
| Name |
BANK OF THE OZARKS
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
PATRICK G. BRYANT, ESQ., JANELLE L. ESPOSITO, ESQ.
|
|
| Name |
F/K/A COMMUNITY BANK & COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PATRICK RYAN BRAY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
JANELLE E. FULTON, ESQ., JEREMY M. COLVIN, ESQ., M. DAVID Linton, Esq., BRIAN M. BEASON, ESQ.
|
|
| Name |
UBS FINANCIAL SERVICES INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ELIZABETH M. BRAY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PIERCE, FENNER & SMITH INCORPORATED
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MERRILL LYNCH & CO., INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SYNOVUS BANK
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MANATEE CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-09-26
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2017-07-27
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Order Denying Stay ~ Upon consideration of appellant's response to the order to show cause dated June 28, 2017, we dismiss this appeal as being from a nonappealable nonfinal order. Respondent's motion to stay is denied as moot.
|
|
| Docket Date |
2017-07-27
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ Casanueva, Villanti, Sleet
|
|
| Docket Date |
2017-07-27
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-SUA SPONTE DISMISSAL ~ Upon consideration of appellant's response to the order to show cause dated June 28, 2017, we dismiss this appeal as being from a nonappealable nonfinal order. Respondent's motion to stay is denied as moot.
|
|
| Docket Date |
2017-07-25
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ RESPONDENT'S MOTION TO STAY PROCEEDINGS AND DEADLINES UNTIL COURT RULES ON ORDER FOR PETITIONER TO SHOW CAUSE
|
|
| Docket Date |
2017-07-24
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ RESPONDENT'S REPLY IN OPPOSITION TO PETITIONER'S RESPONSETO ORDER TO SHOW CAUSE
|
|
| Docket Date |
2017-07-20
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PETITIONER'S RESPONSE TO ORDER TO SHOW CAUSE
|
| On Behalf Of |
BANK OF THE OZARKS
|
|
| Docket Date |
2017-07-10
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
BANK OF THE OZARKS
|
|
| Docket Date |
2017-07-06
|
| Type |
Order
|
| Subtype |
Show Cause Jurisdiction
|
| Description |
OSC nonfinal, nonappealable civil
|
|
| Docket Date |
2017-07-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2017-06-29
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
BANK OF THE OZARKS
|
|
| Docket Date |
2017-06-29
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
MENAHEM ROTH AND ESTER ROTH VS SYNOVUS BANK
|
2D2016-5580
|
2017-01-06
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
13-3357-CI
|
Parties
| Name |
MENAHEM ROTH
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ESTER ROTH
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
SYNOVUS BANK
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
DARREN M. CAPUTO, ESQ., BRASFIELD FREEMAN GOLDIS CASH
|
|
| Name |
PINELLAS CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-11-16
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2017-09-14
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ This motion was incorrectly docketed in this case. The motion is for 15-4044.
|
| On Behalf Of |
MENAHEM ROTH
|
|
| Docket Date |
2017-08-25
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2017-02-28
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Order Denying Stay ~ Appellant's emergency motion to stay the foreclosure sale certificate pending appeal is denied.As the two above-captioned cases are not consolidated, the parties must file any motions directed to both cases separately under the respective case number.
|
|
| Docket Date |
2017-02-17
|
| Type |
Brief
|
| Subtype |
Appendix
|
| Description |
Appendix for Answer Brief
|
| On Behalf Of |
SYNOVUS BANK
|
|
| Docket Date |
2017-02-14
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ SUPPLEMENTAL APPENDIX
|
| On Behalf Of |
MENAHEM ROTH
|
|
| Docket Date |
2017-01-30
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Appellant Initial Brief w/Appendix
|
| On Behalf Of |
ESTER ROTH
|
|
| Docket Date |
2017-01-06
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2017-01-06
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
MENAHEM ROTH
|
|
| Docket Date |
2017-01-06
|
| Type |
Order
|
| Subtype |
Nonfinal Appeals
|
| Description |
nonfinal appeal order for initial brief
|
|
| Docket Date |
2016-12-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2016-12-28
|
| Type |
Miscellaneous Document
|
| Subtype |
Lower Tribunal Transmittal Cover Sheet
|
| Description |
LOWER TRIBUNAL TRANSMITTAL COVER SHEET
|
|
| Docket Date |
2017-06-01
|
| Type |
Order
|
| Subtype |
Order to Travel Together
|
| Description |
travel together ~ Appeal numbers 2D16-5580 and 2D15-4044 will travel together. Subsequent filings, including records and briefs, shall be filed in each case and shall contain the appropriate appeal number. The cases are not consolidated for any purpose at this time.
|
|
|
|
MARCIA SUGIARTO VS SYNOVUS BANK, ET AL
|
2D2016-5064
|
2016-11-23
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twelfth Judicial Circuit, DeSoto County
2015-CA-154
|
Parties
| Name |
MARCIA SUGIARTO
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
ELIAS M. MAHSHIE, ESQ.
|
|
| Name |
JOHANNA H. CHALOUPKA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DAVID CHALOUPKA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SYNOVUS BANK
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
RYAN W. OWEN, ESQ.
|
|
| Name |
X O PROPER, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BARBARA CASWELL
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
UNITED STATES OF AMERICA DEPARTMENT OF TREASURY - INTERNAL REVENUE SERVICE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BEAR RUN INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DESOTO CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-12-12
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2016-12-12
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2016-12-12
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDER GRANTING VOLUNTARY DISMISSAL
|
|
| Docket Date |
2016-12-05
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ LT NOTICE OF DEFENDANT MARCIA SUGIARTO'S VOLUNTARY DISMISSAL OF APPEAL
|
| On Behalf Of |
MARCIA SUGIARTO
|
|
| Docket Date |
2016-12-02
|
| Type |
Order
|
| Subtype |
Show Cause Timeliness (Appeal)
|
| Description |
OSC - untimely ~ Appellant shall show cause within fifteen days why this proceeding should not be dismissed as untimely.
|
|
| Docket Date |
2016-11-30
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2016-11-30
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2016-11-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
HL:Fee Owed
|
|
| Docket Date |
2016-11-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
MARCIA SUGIARTO
|
|
|
|
MENAHEM ROTH & ESTER ROTH VS SYNOVUS BANK
|
2D2016-4682
|
2016-10-12
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
2013CA003357XXCICI
|
Parties
| Name |
ESTER ROTH
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MENAHEM ROTH
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
KATHLEEN A. SMITH, P. D.
|
|
| Name |
SYNOVUS BANK
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
BRASFIELD FREEMAN GOLDIS CASH
|
|
| Name |
PINELLAS CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-02-28
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2016-12-27
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-SUA SPONTE DISMISSAL
|
|
| Docket Date |
2016-12-27
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ Silberman, LaRose and Lucas, JJ. Concur
|
|
| Docket Date |
2016-11-02
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; pro se
|
|
| Docket Date |
2016-11-02
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2016-10-13
|
| Type |
Miscellaneous Document
|
| Subtype |
Lower Tribunal Transmittal Cover Sheet
|
| Description |
LOWER TRIBUNAL TRANSMITTAL COVER SHEET
|
|
| Docket Date |
2016-10-12
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF:Not Required
|
|
| Docket Date |
2016-10-12
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
MENAHEM ROTH
|
|
|
|
MENAHEM ROTH & ESTER ROTH VS SYNOVUS BANK
|
2D2015-4044
|
2015-09-21
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
13-003357-CI
|
Parties
| Name |
MENAHEM ROTH
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ESTER ROTH
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
SYNOVUS BANK
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
DARREN M. CAPUTO, ESQ.
|
|
| Name |
HON. JACK R. ST. ARNOLD
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
PINELLAS CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-04-04
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2017-10-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-DENYING REHEARING
|
|
| Docket Date |
2017-10-02
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER
|
|
| Docket Date |
2017-09-29
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate ~ recalled 10-02-17
|
|
| Docket Date |
2017-09-14
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ and Clarification
|
|
| Docket Date |
2017-08-25
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2017-03-24
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion-79a
|
|
| Docket Date |
2017-03-23
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ The appellants' motion to review order denying stay is granted only to the extentthat this court has reviewed the order. The order is approved, and no stay is imposed.
|
|
| Docket Date |
2017-03-22
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Emergency Motion To Stay ~ THE LT EXPARTE WRIT OF POSESSION ORDER PENDING APPEAL
|
| On Behalf Of |
ESTER ROTH
|
|
| Docket Date |
2017-03-20
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S RESPONSE TO APPELLANTS MOTION TO STAY PENDING APPEAL
|
| On Behalf Of |
SYNOVUS BANK
|
|
| Docket Date |
2017-03-13
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
quick response to motion ~ Appellee shall serve a response to appellants' motion to stay by March 20, 2017. Any electronic filing shall indicate a specific emergency category or "emergency other" category and a time-sensitive date.
|
|
| Docket Date |
2017-03-10
|
| Type |
Response
|
| Subtype |
Supplement
|
| Description |
Supplement ~ SUPPLEMENT TO THE VERIFIED MOTION TO STAY THE FINAL JUDGMENT PENDING APPEAL - PS ESTER ROTH
|
| On Behalf Of |
ESTER ROTH
|
|
| Docket Date |
2017-03-07
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ The appellants' motion to stay the final judgment pending appeal is treated as a motion to review the trial court's order denying stay. So that the court can properly review the order, within 7 days of the date of this order the appellants shall supplement the motion to review with a copy of the stay motion filed in the trial court and any response filed by the appellee, failing which the motion to review will be subject to denial without further notice. If a hearing on the motion was held and a transcript is available, the appellants should file a copy of the transcript as well.
|
|
| Docket Date |
2017-03-06
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ FINAL JUDGMENT PENDING APPEAL
|
| On Behalf Of |
ESTER ROTH
|
|
| Docket Date |
2017-02-28
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Order Denying Stay ~ Appellant's emergency motion to stay the foreclosure sale certificate pending appeal is denied.As the two above-captioned cases are not consolidated, the parties must file any motions directed to both cases separately under the respective case number.
|
|
| Docket Date |
2017-02-27
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
SYNOVUS BANK
|
|
| Docket Date |
2017-02-27
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Emergency Motion To Stay ~ FORECLOSURE SALE CERTIFICATE PENDING APPEAL
|
| On Behalf Of |
ESTER ROTH
|
|
| Docket Date |
2017-02-06
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ SUPPLEMENTAL APPENDIX TO INITIAL BRIEF
|
| On Behalf Of |
MENAHEM ROTH
|
|
| Docket Date |
2017-02-01
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Appellant Initial Brief w/Appendix
|
| On Behalf Of |
MENAHEM ROTH
|
|
| Docket Date |
2017-01-05
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ As the trial court has entered the order contemplated by this court's November 4, 2016, order of relinquishment, the relinquishment period has concluded. The appellants' motion to consolidate is denied. Appeal 2D16-4682 was dismissed by order dated December 27, 2016.The appellants' motion for extension of time is granted to the extent that the initial brief shall be served within 20 days from the date of this order.
|
|
| Docket Date |
2017-01-03
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ W/2D16-4682
|
| On Behalf Of |
MENAHEM ROTH
|
|
| Docket Date |
2017-01-03
|
| 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 |
MENAHEM ROTH
|
|
| Docket Date |
2016-12-27
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
ORD-FROM CIRCUIT COURT ~ ORDER ON REMAND DENYING MOTION TO VACATE FINAL JUDGMENT
|
|
| Docket Date |
2016-11-04
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
ORDER GRANTING RELINQUISH JURISDICTION ~ The appellants' motion to relinquish jurisdiction is granted to the extent that jurisdiction is relinquished for 30 days for the trial court to re-enter its September 13, 2016, order on defendants' motion to vacate final judgment. The order appears to have been entered without jurisdiction due to the pendency of the present appeal. See Glatstein v. City of Miami, 391 So. 2d 297, 298 (Fla. 3d DCA 1980). A party who is aggrieved by the order to be re-entered must file a notice of appeal within 30 days of its rendition. See Fla. R. App. P. 9.110(b); 9.130(b). The order cannot be incorporated into the present appeal. If a new appeal is initiated, the parties should consider moving for its consolidation with the present appeal.Within 30 days of the date of the present order, the appellants shall file either a copy of the re-entered order or a status report. Briefing is tolled during the 30-day relinquishment period. The appellants' motion for order to show cause is denied. A copy of the appellee's response is enclosed with this order.
|
|
| Docket Date |
2016-10-21
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
APPENDICES /ATTACHMENTS TO RESPONSE ~ APPENDIX TO APPELLEE'S SUPPLEMENT TO ITS RESPONSE TO APPELLANTS' MOTION TO RELINQUISH JURISDICTION
|
| On Behalf Of |
SYNOVUS BANK
|
|
| Docket Date |
2016-10-20
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S SUPPLEMENT TO ITS RESPONSE TO APPELLANTS MOTION TO RELINQUISH JURISDICTION TO THE CIRCUIT COURT
|
| On Behalf Of |
SYNOVUS BANK
|
|
| Docket Date |
2016-10-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ MOTION FOR ORDER TO SHOW CAUSE
|
| On Behalf Of |
ESTER ROTH
|
|
| Docket Date |
2016-10-14
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ MOTION FOR ORDER TO SHOW CAUSE
|
| On Behalf Of |
ESTER ROTH
|
|
| Docket Date |
2016-10-13
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-TO FILE RESPONSE ~ Within 10 days of this order, the appellee shall supplement its response to the appellants' motion to relinquish jurisdiction with a copy of the appellants' earlier motion to vacate and the order thereon, referenced on page 7 of the response.
|
|
| Docket Date |
2016-10-04
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
OBJECTION ~ APPELLEE'S OBJECTION AND RESPONSE TO APPELLANTS MOTION TO RELINQUISH JURISDICTION TO THE CIRCUIT COURT
|
| On Behalf Of |
SYNOVUS BANK
|
|
| Docket Date |
2016-09-21
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-TO FILE RESPONSE ~ Appellee is directed to respond within ten (10) days from the date of this order to "appellant's motion to relinquish jurisdiction to the circuit court to determine specific matters alleged in appellant's verified motion to vacate the final judgment and to extend the time to file the initial brief."
|
|
| Docket Date |
2016-09-14
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT ~ MOTION TO RELINQUISH JURISDICTION
|
| On Behalf Of |
ESTER ROTH
|
|
| Docket Date |
2016-09-14
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
|
| On Behalf Of |
ESTER ROTH
|
|
| Docket Date |
2016-08-31
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
SYNOVUS BANK
|
|
| Docket Date |
2016-08-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF
|
|
| Docket Date |
2016-08-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
ESTER ROTH
|
|
| Docket Date |
2016-08-04
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ In light of the bankruptcy court's July 8, 2016, order granting the appellee in rem relief from the bankruptcy stay, this appeal shall proceed.The initial brief is due within 20 days of this order.
|
|
| Docket Date |
2016-07-13
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ RELIEF FROM BANKRUPTCY STAY
|
| On Behalf Of |
SYNOVUS BANK
|
|
| Docket Date |
2016-05-05
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ This court notes appellee's April 21, 2016, "notice of filing bankruptcy discharge," which contains an attached January 12, 2016, "order approving account, discharging trustee, canceling bond, and closing estate" and January 12, 2016, order discharging Appellant Menahem Roth as a debtor in the chapter 7 bankruptcy proceeding in United States Bankruptcy Court in and for the Middle District of Florida case number 8:15-bk-10159-KRM. Although this would normally conclude the automatic stay provision of 11 U.S.C., Section 362, Bankruptcy Code, this court notes Appellant Ester Roth's April 27, 2016, "suggestion of bankruptcy," which indicates that Appellant Ester Roth filed a chapter 7 bankruptcy petition in United States Bankruptcy Court in and for the Middle District of Florida case number 8:16-bk-03473-CPM on April 25, 2016. Accordingly, this court is prevented from any action in this appeal due to the automatic stay provision of section 362 unless a party receives stay relief from the bankruptcy court which at this time has jurisdiction.The parties are directed to inform this court when the bankruptcy court grants relief from the automatic stay or when the stay lapses. If neither of these events occurs within 120 days of this order, the parties are requested to provide this court with individual status reports or a joint report.
|
|
| Docket Date |
2016-04-27
|
| Type |
Notice
|
| Subtype |
Suggestion of Bankruptcy
|
| Description |
Suggestion of Bankruptcy
|
| On Behalf Of |
ESTER ROTH
|
|
| Docket Date |
2016-04-21
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ BANKRUPTCY DISCHARGE
|
| On Behalf Of |
SYNOVUS BANK
|
|
| Docket Date |
2015-12-18
|
| Type |
Order
|
| Subtype |
Order re Stay
|
| Description |
bankruptcy stay ~ B.R. tic/gat
|
|
| Docket Date |
2015-12-17
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ ST. ARNOLD
|
|
| Docket Date |
2015-12-03
|
| 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 |
MENAHEM ROTH
|
|
| Docket Date |
2015-09-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2015-09-24
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; pro se
|
|
| Docket Date |
2015-09-21
|
| Type |
Miscellaneous Document
|
| Subtype |
Lower Tribunal Transmittal Cover Sheet
|
| Description |
LOWER TRIBUNAL TRANSMITTAL COVER SHEET
|
|
| Docket Date |
2015-09-21
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
MENAHEM ROTH
|
|
| Docket Date |
2015-09-21
|
| Type |
Letter-Case
|
| Subtype |
Letter
|
| Description |
Letter
|
|
| Docket Date |
2015-09-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
RISK MONDIAL CONSULTING, INC., etc. VS SYNOVUS BANK, etc., et al.
|
4D2011-4813
|
2011-12-28
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
10-36624 02
|
Parties
| Name |
RISK MONDIAL CONSULTING, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Allen R. Bosworth
|
|
| Name |
RISK MONDIAL AVIATION
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
JOHN DOE INC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WILLIAM H. BARTLETT
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SEASIDE SECURE CONSULTING, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RISK MONDIAL, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PARADISE VENTURES AVIATION INC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JANE DOE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SYNOVUS BANK
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
KRISTEN TAJAK, Scott A. Cole, RABIAN M. BROOKS I I I, Gregory J. Willis
|
|
| Name |
RISK MONDIAL LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SYNOVUS BANK OF TAMPA BAY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
THOMAS J. MCMENAMIN, I V
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ALBERT PAPA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FISHER & SAULS, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. John B. Bowman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2013-05-15
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records
|
|
| Docket Date |
2013-02-01
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2013-02-01
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal
|
|
| Docket Date |
2013-01-29
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Motion For Voluntary Dismissal
|
| On Behalf Of |
RISK MONDIAL CONSULTING, INC.
|
|
| Docket Date |
2013-01-15
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
Aplnt to Obtain Final Order-Per Dobrick ~ 60 DAYS.
|
|
| Docket Date |
2012-08-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ BRIEF FILED 8/23/12
|
|
| Docket Date |
2012-08-23
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ (4)
|
| On Behalf Of |
RISK MONDIAL CONSULTING, INC.
|
|
| Docket Date |
2012-08-23
|
| 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 |
RISK MONDIAL CONSULTING, INC.
|
|
| Docket Date |
2012-08-14
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Reply Brief extended by Letter (no order issued) ~ TO 8/20/12
|
|
| Docket Date |
2012-07-18
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Reply Brief extended by Letter (no order issued) ~ TO 8/10/12
|
|
| Docket Date |
2012-07-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ (BARTLETT AND FISHER & SAULS, P.A.) (BRIEF FILED 6/25/12)
|
|
| Docket Date |
2012-06-25
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ (4) (WILLIAM H. BARTLETT AND FISHER & SAULS, P.A.) E
|
| On Behalf Of |
Synovus Bank
|
|
| Docket Date |
2012-06-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ (AMENDED) T-
|
| On Behalf Of |
Synovus Bank
|
|
| Docket Date |
2012-06-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ T-
|
| On Behalf Of |
Synovus Bank
|
|
| Docket Date |
2012-06-18
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ T-
|
| On Behalf Of |
Synovus Bank
|
|
| Docket Date |
2012-06-14
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Answer Brief extended by Letter (no order issued) ~ TO 6/18/12
|
|
| Docket Date |
2012-06-06
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Answer Brief extended by Letter (no order issued) ~ 7 DAYS TO 6/12/12
|
|
| Docket Date |
2012-05-31
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Answer Brief extended by Letter (no order issued) ~ 7 DAYS TO 6/5/12
|
|
| Docket Date |
2012-05-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Answer Brief extended by Letter (no order issued) ~ 14 DAYS TO 5/29/12
|
|
| Docket Date |
2012-04-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Answer Brief extended by Letter (no order issued) ~ 30 DAYS TO 5/14/12
|
|
| Docket Date |
2012-04-09
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ FIVE (5) VOLUMES (WITH CD ROM)
|
|
| Docket Date |
2012-03-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ 2 DAYS FOLLOWING RECEIPT OF CORRECTED INDEX TO ROA
|
|
| Docket Date |
2012-03-22
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ (4)
|
| On Behalf Of |
RISK MONDIAL CONSULTING, INC.
|
|
| Docket Date |
2012-03-20
|
| 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 |
RISK MONDIAL CONSULTING, INC.
|
|
| Docket Date |
2012-03-01
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Initial Brief extended by Letter (no order issued) ~ 20 DAYS TO 3/15/12
|
|
| Docket Date |
2012-01-25
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ AND KRISTEN A. TAJAK
|
| On Behalf Of |
Synovus Bank
|
|
| Docket Date |
2012-01-19
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement ~ AA Allen Bosworth 216453
|
|
| Docket Date |
2011-12-30
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2011-12-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
RISK MONDIAL CONSULTING, INC.
|
|
| Docket Date |
2011-12-28
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
**DNU** order appealed
|
|
|
