SANDRA BOTZ a/k/a SANDRA BOTZ COLAGIACOMI VS PENNYMAC CORP.
|
4D2020-2295
|
2020-10-22
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562017CA000404
|
Parties
Name |
Sandra Botz
|
Role |
Appellant
|
Status |
Active
|
Representations |
Emily Chatzky, Connor Furlong, Shaina Mehren, Kendrick Almaguer
|
|
Name |
FORECLOSURE, INC.
|
Role |
Appellant
|
Status |
Active
|
|
Name |
PENNYMAC CORP.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Charles P. Gufford
|
|
Name |
Hon. Elizabeth Metzger
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - St. Lucie
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2020-12-30
|
Type |
Order
|
Subtype |
Show Cause re Bankruptcy
|
Description |
Order on Suggestion of Bankruptcy ~ A suggestion of bankruptcy having been filed, it is ORDERED that all parties shall show cause in writing, if any there be, within twenty (20) days from the date of this order, why the entire above-styled appeal should not be stayed by virtue of 11 U.S.C. § 362. If a party believes that no such cause exists, that party need not file a response.
|
|
Docket Date |
2020-12-29
|
Type |
Response
|
Subtype |
Response
|
Description |
Response
|
On Behalf Of |
Pennymac Corp.
|
|
Docket Date |
2020-12-29
|
Type |
Notice
|
Subtype |
Suggestion of Bankruptcy
|
Description |
Suggestion of Bankruptcy
|
On Behalf Of |
Pennymac Corp.
|
|
Docket Date |
2020-12-28
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
|
On Behalf Of |
Sandra Botz
|
|
Docket Date |
2020-12-02
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 990 PAGES
|
On Behalf Of |
Clerk - St. Lucie
|
|
Docket Date |
2021-08-16
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2021-08-16
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
Order Granting Voluntary Dismissal ~ Pursuant to the August 12, 2021 notice of voluntary dismissal, this case is dismissed.Further,ORDERED that appellee’s August 9, 2021 motion to dismiss is determined to be moot.
|
|
Docket Date |
2021-08-12
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal
|
On Behalf Of |
Sandra Botz
|
|
Docket Date |
2021-08-09
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss
|
On Behalf Of |
Pennymac Corp.
|
|
Docket Date |
2021-08-04
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-Appellant to File Response ~ ORDERED that appellant is directed to respond, within ten (10) days from the date of this order, to appellee’s August 3, 2021 notice of filing debtor’s intention to surrender the subject property in bankruptcy.
|
|
Docket Date |
2021-08-03
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing
|
On Behalf Of |
Pennymac Corp.
|
|
Docket Date |
2021-05-06
|
Type |
Response
|
Subtype |
Response
|
Description |
Response
|
On Behalf Of |
Sandra Botz
|
|
Docket Date |
2021-04-29
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ ORDERED, upon consideration of appellant's April 27, 2021 status report, appellant shall, within five (5) days from the date of this order, advise whether the bankruptcy stay can be lifted.
|
|
Docket Date |
2021-04-27
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report
|
On Behalf Of |
Sandra Botz
|
|
Docket Date |
2021-01-27
|
Type |
Order
|
Subtype |
Order Bankruptcy
|
Description |
ORD-Case Stayed Pending Bankruptcy ~ A suggestion of bankruptcy having been filed, and it appearing that no cause exists as to why the entire above-styled appeal should not be stayed by virtue of 11 U.S.C. § 362, it is ORDERED that:This appeal is stayed. If the bankruptcy case becomes closed, dismissed, or modified to permit this appeal to proceed, then appellant shall promptly, and in no event later than twenty (20) days after the event has occurred, notify this court in writing that this appeal may proceed.Unless this appeal is voluntarily dismissed, appellant, within ninety (90) days from the date of this order, and then every ninety (90) days thereafter, shall notify this court as to the status of the bankruptcy case.
|
|
Docket Date |
2020-11-04
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
Sandra Botz
|
|
Docket Date |
2020-10-30
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Pennymac Corp.
|
|
Docket Date |
2020-10-22
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2020-10-22
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Sandra Botz
|
|
Docket Date |
2020-10-23
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2020-10-23
|
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.
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|
|
ROSA MIRIAM MEDINA AND EDUARDO LISHNER VS PENNYMAC CORP.
|
3D2019-0504
|
2019-03-15
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
3rd District Court of Appeal
|
Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
13-23131
|
Parties
Name |
EDUARDO LISHNER
|
Role |
Appellant
|
Status |
Active
|
|
Name |
ROSA MIRIAM MEDINA
|
Role |
Appellant
|
Status |
Active
|
Representations |
Anthony P. Carbone
|
|
Name |
PENNYMAC CORP.
|
Role |
Appellee
|
Status |
Active
|
Representations |
William P. Heller, RAYMOND G. HORA, Eric M. Levine, MICHELE A. CAVALLARO, Nancy M. Wallace
|
|
Name |
Hon. Barbara Areces
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Miami-Dade Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2019-08-15
|
Type |
Mandate
|
Subtype |
Disp. w/o Mandate
|
Description |
Disp w/o mandate
|
|
Docket Date |
2019-08-15
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2019-07-26
|
Type |
Disposition by Opinion
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge
|
|
Docket Date |
2019-07-26
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
Appeal Dismissed by the Court (DA11) ~ Upon consideration of appellee’s motion to dismiss appeal, it is ordered that the above-styled appeal is hereby dismissed.
|
|
Docket Date |
2019-07-10
|
Type |
Order
|
Subtype |
Order to Serve Brief
|
Description |
AA to file intitial brief w/in 10 days (OR21A) ~ Pursuant to the time schedule provided in the Florida Rules of Appellate Procedure, the time for filing the initial brief has expired. This cause will be subject to dismissal unless the document referred to is filed within ten (10) days from the date of this order, or within said time the court is otherwise notified that this matter is being diligently prosecuted.
|
|
Docket Date |
2019-07-03
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss
|
On Behalf Of |
PENNYMAC CORP.
|
|
Docket Date |
2019-06-04
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Record on Appeal
|
On Behalf Of |
Miami-Dade Clerk
|
|
Docket Date |
2019-04-01
|
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 ($300.00) dollar fee is paid to the Clerk of the Court on or before April 11, 2019.
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|
Docket Date |
2019-03-28
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
PENNYMAC CORP.
|
|
Docket Date |
2019-03-21
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance ~ Eric M. Levine, William Heller
|
On Behalf Of |
PENNYMAC CORP.
|
|
Docket Date |
2019-03-18
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. ** The $300 filing fee for a notice of appeal is due.
|
|
Docket Date |
2019-03-18
|
Type |
Notice
|
Subtype |
Notice of Appeal Transmittal Form
|
Description |
Notice of Transmittal--NOA
|
On Behalf Of |
Miami-Dade Clerk
|
|
Docket Date |
2019-03-15
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ NOT CERTIFIED.
|
On Behalf Of |
ROSA MIRIAM MEDINA
|
|
Docket Date |
2019-03-15
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|
ENREEK'A NALASCO, VS WILMINGTON TRUST, et al.,
|
3D2019-0089
|
2019-01-15
|
Closed
|
|
Classification |
Original Proceedings - Circuit Civil - Certiorari
|
Court |
3rd District Court of Appeal
|
Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
13-10561
|
Parties
Name |
Enreek'a Nalasco
|
Role |
Petitioner
|
Status |
Active
|
Representations |
PAUL AGBEYEGBE
|
|
Name |
Bank of America, N.A.
|
Role |
Respondent
|
Status |
Active
|
|
Name |
PENNYMAC CORP.
|
Role |
Respondent
|
Status |
Active
|
Representations |
Eric M. Levine, William P. Heller, SARA D. ACCARDI, Nancy M. Wallace, FORTON H. WIMBUSH, JR., Eric S. Matthew, JEFFREY A. TRINZ, STEVEN H. ROTHSTEIN
|
|
Name |
City of Miami Beach
|
Role |
Respondent
|
Status |
Active
|
|
Name |
ANTHONY PARKS
|
Role |
Respondent
|
Status |
Active
|
|
Name |
Wilmington Trust, N.A.
|
Role |
Respondent
|
Status |
Active
|
|
Name |
Hon. Reemberto Diaz
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Docket Entries
Docket Date |
2019-02-06
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2019-02-06
|
Type |
Mandate
|
Subtype |
Disp. w/o Mandate
|
Description |
Disp w/o mandate
|
|
Docket Date |
2019-01-17
|
Type |
Disposition by Order
|
Subtype |
Denied
|
Description |
Certiorari Denied (No Response) (DA30B) ~ The emergency petition for writ of mandamus is treated as a petition for certiorari, and it is ordered that said petition is hereby denied.
|
|
Docket Date |
2019-01-17
|
Type |
Disposition by Opinion
|
Subtype |
Denied
|
Description |
Denied - Order by Judge
|
|
Docket Date |
2019-01-16
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
PENNYMAC CORP.
|
|
Docket Date |
2019-01-16
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Order to pay filing fee-civil w/atty (OR14B) ~ Counsel for petitioner is ordered to pay the required three hundred ($300.00) dollar fee to the Clerk of the Court on or before January 26, 2019.
|
|
Docket Date |
2019-01-15
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2019-01-15
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 fee for a petition is due.
|
|
Docket Date |
2019-01-14
|
Type |
Petition
|
Subtype |
Petition Mandamus
|
Description |
Petition Mandamus ~ EMERGENCY PETITION RELATED CASE: 18-2300 PRIOR CASES: 18-243, 17-406, 16-1465
|
On Behalf Of |
Enreek'a Nalasco
|
|
|
GEORGE R. GALLUZZO, JR. A/K/A GEORGE R. GALLUZZO, ETC, et al. VS PENNYMAC CORP.
|
4D2018-3616
|
2018-12-07
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
062015CA021551
|
Parties
Name |
FORECLOSURE, INC.
|
Role |
Appellant
|
Status |
Active
|
|
Name |
MELISSA GALLUZZO
|
Role |
Appellant
|
Status |
Active
|
|
Name |
GEORGE R. GALLUZZO, JR.
|
Role |
Appellant
|
Status |
Active
|
Representations |
Bruce K. Herman
|
|
Name |
PENNYMAC CORP.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Eric M. Levine, JEFFREY MICHAEL SEIDEN, William P. Heller, ANDREW INGALLS, Nancy M. Wallace
|
|
Name |
Hon. Barry Stone
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2019-11-15
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2019-11-15
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2019-10-24
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Deny Attorney's Fees ~ ORDERED that the appellants’ May 13, 2019 motion for appellate attorneys’ fees is denied.
|
|
Docket Date |
2019-10-24
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2019-07-01
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
GEORGE R. GALLUZZO, JR.
|
|
Docket Date |
2019-06-03
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
Pennymac Corp.
|
|
Docket Date |
2019-05-17
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO APPELLANTS' MOTION FOR APPELLATE ATTORNEYS' FEES
|
On Behalf Of |
Pennymac Corp.
|
|
Docket Date |
2019-05-14
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records
|
On Behalf Of |
GEORGE R. GALLUZZO, JR.
|
|
Docket Date |
2019-05-14
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
Description |
ORD-Allowing Attachment to Record ~ ORDERED that the appellants' May 13, 2019 motion to supplement the record is granted, and the record is supplemented to include the material requested in the motion. Said supplemental record is deemed filed as of the date of this order.
|
|
Docket Date |
2019-05-13
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ **RESPONSE FILED 05/17/2019.**
|
On Behalf Of |
GEORGE R. GALLUZZO, JR.
|
|
Docket Date |
2019-05-13
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion To File Supplemental Record
|
On Behalf Of |
GEORGE R. GALLUZZO, JR.
|
|
Docket Date |
2019-05-13
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
GEORGE R. GALLUZZO, JR.
|
|
Docket Date |
2019-04-11
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 05/16/19
|
|
Docket Date |
2019-04-11
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief
|
On Behalf Of |
GEORGE R. GALLUZZO, JR.
|
|
Docket Date |
2019-02-12
|
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 |
GEORGE R. GALLUZZO, JR.
|
|
Docket Date |
2019-02-12
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ February 12, 2019 motion for extension of time is granted, and appellants shall serve the initial brief on or before April 16, 2019. 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 |
2019-02-05
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 737 PAGES (PAGES 1-721)
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2018-12-12
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Pennymac Corp.
|
|
Docket Date |
2018-12-10
|
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.
|
|
Docket Date |
2018-12-10
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2018-12-07
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2018-12-07
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
GEORGE R. GALLUZZO, JR.
|
|
|
ANTHONY PARKS, VS PENNYMAC CORP.,
|
3D2018-2300
|
2018-11-15
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
3rd District Court of Appeal
|
Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
13-10561
|
Parties
Name |
ANTHONY PARKS
|
Role |
Appellant
|
Status |
Active
|
|
Name |
PENNYMAC CORP.
|
Role |
Appellee
|
Status |
Active
|
Representations |
FORTON H. WIMBUSH, JR., William P. Heller, Nancy M. Wallace, Eric M. Levine
|
|
Name |
Hon. Reemberto Diaz
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Miami-Dade Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2019-02-07
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to File Response
|
Description |
Ext-granted to respond to motion (OG01A) ~ Appellant's motion for extension of time to file a response to the motion to dismiss is granted to and including twelve (12) days from the date of this order.
|
|
Docket Date |
2019-02-06
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response ~ to ae motion to dismiss
|
|
Docket Date |
2019-01-30
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss
|
On Behalf Of |
PENNYMAC CORP.
|
|
Docket Date |
2018-12-12
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ of submission of filing fee
|
|
Docket Date |
2018-12-06
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
PENNYMAC CORP.
|
|
Docket Date |
2018-11-29
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Misc. Extension Granted (OG02) ~ Appellant’s motion for extension of time to pay the filing fee is granted to and including ten (10) days from the date of this order.
|
|
Docket Date |
2018-11-28
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time ~ to pay filing fee
|
|
Docket Date |
2018-11-27
|
Type |
Notice
|
Subtype |
Notice of Appeal Transmittal Form
|
Description |
Notice of Transmittal--NOA
|
|
Docket Date |
2018-11-16
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Order to pay filing fee-civil w/o atty (OR14C) ~ This is to notify appellant that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred ($300.00) dollar fee is paid to the Clerk of the Court by cash, cashier’s check or money order on or before November 26, 2018, or a certified copy of the Application for Determination of Civil Indigent Status in which the lower tribunal clerk has determined the appellant to be indigent is received on or before said date.
|
|
Docket Date |
2018-11-15
|
Type |
Notice
|
Subtype |
Notice of Appeal Transmittal Form
|
Description |
Notice of Transmittal--NOA
|
On Behalf Of |
ANTHONY PARKS
|
|
Docket Date |
2018-11-15
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2018-11-15
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
Docket Date |
2019-05-08
|
Type |
Mandate
|
Subtype |
Disp. w/o Mandate
|
Description |
Disp w/o mandate
|
|
Docket Date |
2019-05-08
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2019-04-18
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
Dismissal for Failure to Comply (DA11H) ~ Upon the Court’s own motion, it is ordered that this appeal from the Circuit Court for Miami-Dade County, Florida is dismissed for failure to comply with this Court’s order dated February 28, 2019, and with the Florida Rules of Appellate Procedure.
|
|
Docket Date |
2019-04-18
|
Type |
Disposition by Opinion
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge
|
|
Docket Date |
2019-02-28
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Ext-gr initial brief no further extensions (OG03B) ~ Appellant's motion for an extension of time to file the initial brief is granted to and including thirty-eight (38) days from the date of this order, with no further extensions allowed. If said brief is not timely filed in accordance with this order, the appeal will be subject to dismissal.
|
|
Docket Date |
2019-02-22
|
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 |
ANTHONY PARKS
|
|
Docket Date |
2019-02-07
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Record on Appeal
|
|
|
BEVERLY L. SCOTT VS PENNYMAC CORP.
|
2D2018-3926
|
2018-10-02
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Sarasota County
17-CA-2137
|
Parties
Name |
BEVERLY L. SCOTT
|
Role |
Appellant
|
Status |
Active
|
Representations |
DAVID A. FERNANDEZ, ESQ.
|
|
Name |
SIROTE AND PERMUTT, P. C.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
PENNYMAC CORP.
|
Role |
Appellee
|
Status |
Active
|
Representations |
TERRANCE W. ANDERSON, ESQ., JULIO C. BERTEMATI, ESQ., HEATHER L. FESNAK, ESQ., KRISTIE HATCHER-BOLIN, ESQ., JASON L. DUGGAR, ESQ., ANTHONY R. SMITH, ESQ., Rebecca A. Rodriguez, Esq.
|
|
Name |
HON. FREDERICK P. MERCURIO
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
SARASOTA CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2019-08-02
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2019-08-01
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORDER GRANTING VOLUNTARY DISMISSAL
|
|
Docket Date |
2019-07-31
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal ~ OMNIBUS NOTICE OF REACHING CONFIDENTIAL SETTLEMENT,STIPULATION TO DISMISS APPEAL WITH PREJUDICE AS TOJPMORGAN, AND JPMORGAN'S WITHDRAWAL OF MOTIONFOR AWARD OF APPELLATE ATTORNEYS' FEES AS MOOT
|
On Behalf Of |
BEVERLY L. SCOTT
|
|
Docket Date |
2019-07-17
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant Reply Brief
|
On Behalf Of |
BEVERLY L. SCOTT
|
|
Docket Date |
2019-07-17
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
BEVERLY L. SCOTT
|
|
Docket Date |
2019-06-18
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30 - RB due 07/18/19
|
On Behalf Of |
BEVERLY L. SCOTT
|
|
Docket Date |
2019-05-15
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
PENNYMAC CORP.
|
|
Docket Date |
2019-05-15
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee Answer Brief ~ ANSWER BRIEF OF APPELLEE, JPMORGAN CHASE BANK NATIONAL ASSOCIATION
|
On Behalf Of |
PENNYMAC CORP.
|
|
Docket Date |
2019-05-03
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ 250 PAGES
|
|
Docket Date |
2019-04-26
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee JPMorgan's motion to supplement the record is granted, and appellee shall make arrangements within three days with the clerk of the circuit court for the supplementation of the record with the items mentioned in the motion, with the supplemental record to be filed in this court within twenty-five days from the date of this order.Appellee's motion for extension of time is granted, and the answer brief shall be served by May 15, 2019.
|
|
Docket Date |
2019-04-24
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
Description |
Motion Supplemental Record & Eot For Brief ~ APPELLEE JPMORGAN CHASE BANK, N.A.'S AGREED OMNIBUS MOTION TO SUPPLEMENT THE RECORD ON APPEAL AND FILE ANSWER BRIEF BY MAY 15, 2019
|
On Behalf Of |
PENNYMAC CORP.
|
|
Docket Date |
2019-04-18
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee Answer Brief ~ ANSWER BRIEF OF APPELLEE SIROTE & PERMUTT, P.C.
|
On Behalf Of |
PENNYMAC CORP.
|
|
Docket Date |
2019-04-16
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 11 - AB (JP Morgan Chase) due 04/30/19
|
On Behalf Of |
PENNYMAC CORP.
|
|
Docket Date |
2019-03-19
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30 - AB (Sirote & Permutt) due 04/19/19
|
On Behalf Of |
PENNYMAC CORP.
|
|
Docket Date |
2019-03-13
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30 - AB (JP Morgan Chase) due 04/19/19
|
On Behalf Of |
PENNYMAC CORP.
|
|
Docket Date |
2019-02-20
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
PENNYMAC CORP.
|
|
Docket Date |
2019-02-18
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits
|
On Behalf Of |
BEVERLY L. SCOTT
|
|
Docket Date |
2019-01-04
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 60 - IB due 02/18/19
|
On Behalf Of |
BEVERLY L. SCOTT
|
|
Docket Date |
2018-12-18
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
PENNYMAC CORP.
|
|
Docket Date |
2018-12-03
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
PENNYMAC CORP.
|
|
Docket Date |
2018-11-09
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ MERCURIO - 275 PAGES
|
|
Docket Date |
2018-10-03
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ NOTICE OF FILING SERVICE LIST
|
On Behalf Of |
BEVERLY L. SCOTT
|
|
Docket Date |
2018-10-03
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
fee - civil; atty
|
|
Docket Date |
2018-10-03
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2018-10-02
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
BEVERLY L. SCOTT
|
|
Docket Date |
2018-10-02
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|
DAVID TAL-MASON, individually, etc. VS PMT NPL FINANCING 2014-1, PENNYMAC CORP., and PENNYMAC LOAN SERVICES, LLC.
|
4D2018-2737
|
2018-09-12
|
Closed
|
|
Classification |
NOA Non Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE12-029850 (25)
|
Parties
Name |
DAVID TAL-MASON, individually, and on Behalf of All Those Similarly Situated
|
Role |
Appellant
|
Status |
Active
|
Representations |
Roberto Stanziale
|
|
Name |
PENNYMAC LOAN SERVICES, LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
PMT NPL FINANCING 2014-1
|
Role |
Appellee
|
Status |
Active
|
Representations |
Nancy M. Wallace, ANDREW INGALLS, Albertelli Law, William P. Heller, Marc J. Gottlieb, Eric M. Levine
|
|
Name |
PENNYMAC CORP.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Carol-Lisa Phillips
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2018-09-17
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
PMT NPL FINANCING 2014-1
|
|
Docket Date |
2018-09-17
|
Type |
Brief
|
Subtype |
Jurisdictional Brief
|
Description |
Jurisdictional Brief ~ (AMENDED)
|
On Behalf Of |
DAVID TAL-MASON, individually, and on Behalf of All Those Similarly Situated
|
|
Docket Date |
2018-11-28
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORD-Grant Voluntary Dismissal (Joint) ~ At the request of the parties, this case is dismissed.
|
|
Docket Date |
2018-11-28
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2018-11-28
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal ~ (STIPULATION)
|
On Behalf Of |
DAVID TAL-MASON, individually, and on Behalf of All Those Similarly Situated
|
|
Docket Date |
2018-11-15
|
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 November 15, 2018 motion for extension of time is granted, and appellee shall serve the answer brief within thirty (30) days from the date of this order. 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 |
2018-11-14
|
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 |
PMT NPL FINANCING 2014-1
|
|
Docket Date |
2018-10-24
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief ~ (AMENDED)
|
On Behalf Of |
DAVID TAL-MASON, individually, and on Behalf of All Those Similarly Situated
|
|
Docket Date |
2018-10-23
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the appellant's appendix to the initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not bookmarked in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
Docket Date |
2018-10-22
|
Type |
Notice
|
Subtype |
Notice of Confidential Information within Court Filing
|
Description |
Notice of Confidential Information Within Court Filing
|
On Behalf Of |
DAVID TAL-MASON, individually, and on Behalf of All Those Similarly Situated
|
|
Docket Date |
2018-10-22
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
DAVID TAL-MASON, individually, and on Behalf of All Those Similarly Situated
|
|
Docket Date |
2018-10-22
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief ~ ***STRICKEN***CONFIDENTIAL***
|
On Behalf Of |
DAVID TAL-MASON, individually, and on Behalf of All Those Similarly Situated
|
|
Docket Date |
2018-10-08
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ Upon consideration of appellant's September 17, 2018 amended jurisdictional brief, it is ORDERED that this appeal shall proceed as timely filed.
|
|
Docket Date |
2018-09-21
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's September 20, 2018 motion for extension of time is granted, and appellant 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 |
2018-09-20
|
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 |
DAVID TAL-MASON, individually, and on Behalf of All Those Similarly Situated
|
|
Docket Date |
2018-09-18
|
Type |
Notice
|
Subtype |
Amended Notice of Appeal
|
Description |
Amended Notice of Appeal
|
|
Docket Date |
2018-09-14
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ CONFORMED COPY OF ORDER APPEALED
|
On Behalf Of |
DAVID TAL-MASON, individually, and on Behalf of All Those Similarly Situated
|
|
Docket Date |
2018-09-14
|
Type |
Brief
|
Subtype |
Jurisdictional Brief
|
Description |
Jurisdictional Brief ~ ***SEE AMENDED***
|
On Behalf Of |
DAVID TAL-MASON, individually, and on Behalf of All Those Similarly Situated
|
|
Docket Date |
2018-09-13
|
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.
|
|
Docket Date |
2018-09-13
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2018-09-12
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
DAVID TAL-MASON, individually, and on Behalf of All Those Similarly Situated
|
|
Docket Date |
2018-09-12
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|
ROSALIE L. JENKINS VS PENNYMAC CORP., et al.
|
4D2018-2067
|
2018-07-10
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE11-11357
|
Parties
Name |
Rosalie L. Jenkins *W*
|
Role |
Appellant
|
Status |
Active
|
|
Name |
PENNYMAC CORP.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Nancy M. Wallace, Eric M. Levine, William P. Heller, Phelan Hullinan Diamond & Jones, LLC
|
|
Name |
MICHAEL L. BELL
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Joel T. Lazarus
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2019-04-22
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2019-04-22
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2019-04-03
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Citation
|
|
Docket Date |
2019-01-02
|
Type |
Order
|
Subtype |
Order on Motion To Dismiss
|
Description |
ORD-Denying Aplee's Motion to Dismiss ~ ORDERED that appellee's December 10, 2018 motion to dismiss appeal is denied.
|
|
Docket Date |
2018-12-26
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
Pennymac Corp.
|
|
Docket Date |
2018-12-21
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
|
Docket Date |
2018-12-11
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before December 21, 2018, why the above-styled case should not be dismissed for lack of timely prosecution, in that the 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 |
2018-12-10
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss
|
On Behalf Of |
Pennymac Corp.
|
|
Docket Date |
2018-10-08
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's October 3, 2018 motion for extension of time is granted, and appellant shall serve the initial brief within sixty (60) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions. Further ORDERED that this court's September 21, 2018 order to show cause is discharged. Further ORDERED that the court notes that appellant's motion for extension of time was filed on behalf of Rosalie Jenkins and Michael Bell. However, Michael Bell was not included on the notice of appeal and did not timely appeal the order at issue in this case. Accordingly, this case is only proceeding with Rosalie Jenkins as the appellant.
|
|
Docket Date |
2018-10-03
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice
|
On Behalf Of |
Pennymac Corp.
|
|
Docket Date |
2018-10-03
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
|
|
Docket Date |
2018-10-03
|
Type |
Response
|
Subtype |
Response
|
Description |
Response
|
On Behalf Of |
Pennymac Corp.
|
|
Docket Date |
2018-09-21
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before October 1, 2018, why the above-styled case should not be dismissed for lack of timely prosecution, in that the 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 |
2018-08-30
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ (436 PAGES)
|
|
Docket Date |
2018-07-18
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance ~ AND WILLIAM P. HELLER
|
On Behalf Of |
Pennymac Corp.
|
|
Docket Date |
2018-07-18
|
Type |
Misc. Events
|
Subtype |
Determination of Indigency/LT Order Insolvency
|
Description |
Determination of Indigent Status
|
|
Docket Date |
2018-07-11
|
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 |
2018-07-11
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2018-07-10
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Rosalie L. Jenkins *W*
|
|
Docket Date |
2018-07-10
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
WV:Waived
|
|
|
ANTHONY PARKS VS PENNYMAC CORP.
|
3D2018-0243
|
2018-02-09
|
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
13-10561
|
Parties
Name |
ANTHONY PARKS
|
Role |
Appellant
|
Status |
Active
|
|
Name |
PENNYMAC CORP.
|
Role |
Appellee
|
Status |
Active
|
Representations |
FORTON H. WIMBUSH, JR.
|
|
Name |
Hon. Reemberto Diaz
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Miami-Dade Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2018-09-11
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2018-09-11
|
Type |
Disposition by Opinion
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2018-09-11
|
Type |
Notice
|
Subtype |
Voluntary Dismissal
|
Description |
Voluntary Dismissal Recognized (OG33) ~ ORDERED that appellant’s voluntary motion to dismiss appeal is recognized by the Court, and this appeal from the Circuit Court for Miami-Dade County, Florida is hereby dismissed.
|
|
Docket Date |
2018-09-11
|
Type |
Mandate
|
Subtype |
Disp. w/o Mandate
|
Description |
Disp w/o mandate
|
|
Docket Date |
2018-09-10
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss
|
|
Docket Date |
2018-08-31
|
Type |
Order
|
Subtype |
Order to Serve Brief
|
Description |
AA to file intitial brief w/in 10 days (OR21A) ~ Pursuant to the time schedule provided in the Florida Rules of Appellate Procedure, the time for filing the initial brief has expired. This cause will be subject to dismissal unless the document referred to is filed within ten (10) days from the date of this order, or within said time the court is otherwise notified that this matter is being diligently prosecuted.
|
|
Docket Date |
2018-05-07
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Record on Appeal
|
|
Docket Date |
2018-04-04
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ Memorandum of law
|
|
Docket Date |
2018-04-04
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion Denied (OD999) ~ Upon consideration, appellant/petitioner’s varified emergency motion/petition for writ of prohibition prohibiting the lower court from entering or proceeding with Pennymac Corp until parties have changed or in the alternative a temporary injunction is denied. SUAREZ, FERNANDEZ and LUCK, JJ., concur.
|
|
Docket Date |
2018-03-05
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Misc. Extension Granted (OG02) ~ Appellant’s motion for extension of time to pay the filing fee is granted to and including seven (7) days from the date of this order.
|
|
Docket Date |
2018-03-01
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time ~ to pay filing fee.
|
|
Docket Date |
2018-02-19
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Order to pay filing fee-civil w/o atty (OR14C) ~ This is to notify appellant that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred ($300.00) dollar fee is paid to the Clerk of the Court by cash, cashier’s check or money order on or before March 1, 2018, or a certified copy of the Application for Determination of Civil Indigent Status in which the lower tribunal clerk has determined the appellant to be indigent is received on or before said date.
|
|
Docket Date |
2018-02-11
|
Type |
Notice
|
Subtype |
Amended Notice of Appeal
|
Description |
Amended Notice of Appeal
|
|
Docket Date |
2018-02-09
|
Type |
Notice
|
Subtype |
Notice of Appeal Transmittal Form
|
Description |
Notice of Transmittal--NOA
|
On Behalf Of |
ANTHONY PARKS
|
|
Docket Date |
2018-02-09
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2018-02-09
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. ** The $300 filing fee for an appeal is due.
|
|
|
CLAUDIA V. MERINO, VS PENNYMAC CORP
|
3D2017-0615
|
2017-03-21
|
Closed
|
|
Classification |
NOA Non Final - Circuit Civil - Other
|
Court |
3rd District Court of Appeal
|
Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
16-19504
|
Parties
Name |
CLAUDIA V. MERINO
|
Role |
Appellant
|
Status |
Active
|
|
Name |
PENNYMAC CORP.
|
Role |
Appellee
|
Status |
Active
|
Representations |
RAYMOND G. HORA, MCCALLA RAYMER LEIBERT PIERCE, LLC
|
|
Name |
Hon. Peter R. Lopez
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Miami-Dade Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2017-08-11
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2017-07-26
|
Type |
Disposition by Opinion
|
Subtype |
Dismissed
|
Description |
Dismissed - Authored Opinion
|
|
Docket Date |
2017-07-07
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ of appellee's dismissal of action in the lower tribunal
|
On Behalf Of |
PENNYMAC CORP.
|
|
Docket Date |
2017-05-25
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
CLAUDIA V. MERINO
|
|
Docket Date |
2017-05-03
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
PENNYMAC CORP.
|
|
Docket Date |
2017-05-03
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix
|
On Behalf Of |
PENNYMAC CORP.
|
|
Docket Date |
2017-04-13
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing
|
On Behalf Of |
CLAUDIA V. MERINO
|
|
Docket Date |
2017-04-13
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
CLAUDIA V. MERINO
|
|
Docket Date |
2017-04-05
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Extension Granted for Initial Brief (OGO3) ~ Appellant¿s motion for an extension of time to file the initial brief is granted to and including April 14, 2017.
|
|
Docket Date |
2017-04-03
|
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 |
CLAUDIA V. MERINO
|
|
Docket Date |
2017-03-29
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
PENNYMAC CORP.
|
|
Docket Date |
2017-03-22
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Order to pay filing fee-civil w/o atty (OR14C) ~ This is to notify appellant that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred ($300.00) dollar fee is paid to the Clerk of the Court by cash, cashier¿s check or money order on or before April 1, 2017, or a certified copy of the Application for Determination of Civil Indigent Status in which the lower tribunal clerk has determined the appellant to be indigent is received on or before said date.
|
|
Docket Date |
2017-03-21
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
Docket Date |
2017-03-21
|
Type |
Notice
|
Subtype |
Notice of Appeal Transmittal Form
|
Description |
Notice of Transmittal--NOA
|
On Behalf Of |
CLAUDIA V. MERINO
|
|
Docket Date |
2017-03-21
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|
ANTHONY PARKS VS PENNYMAC CORP.
|
3D2017-0406
|
2017-02-23
|
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
13-10561
|
Parties
Name |
ANTHONY PARKS
|
Role |
Appellant
|
Status |
Active
|
|
Name |
PENNYMAC CORP.
|
Role |
Appellee
|
Status |
Active
|
Representations |
SARA D. ACCARDI, William P. Heller, JEFFREY A. TRINZ, STEVEN H. ROTHSTEIN, Nancy M. Wallace, JONATHAN KLINE, MICHELLE K. HINES
|
|
Name |
Hon. Samantha Ruiz Cohen
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Miami-Dade Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2017-09-19
|
Type |
Supreme Court
|
Subtype |
Supreme Court Opinion
|
Description |
Supreme Court Disposition ~ Petitioner having filed a proper notice of dismissal pursuant to Florida Rule of Appellate procedure 9.350(b), it is ordered that the pet. for review is hereby voluntarily dismissed.
|
|
Docket Date |
2017-08-29
|
Type |
Supreme Court
|
Subtype |
Supreme Court Opinion
|
Description |
Supreme Court Disposition ~ Petitioner's Verified Emergency Motion to Stay setting the subject property for sale pending this Appeal and for an issued ordered to show cause filed in the above styled cause is hereby denied.
|
|
Docket Date |
2017-08-28
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2017-08-28
|
Type |
Mandate
|
Subtype |
Disp. w/o Mandate
|
Description |
Disp w/o mandate
|
|
Docket Date |
2017-08-08
|
Type |
Disposition by Opinion
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge
|
|
Docket Date |
2017-08-08
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
Dismissal for Failure to Comply (DA11H) ~ Upon the Court's own motion, it is ordered that this appeal from the Circuit Court for Miami-Dade County, Florida is dismissed for failure to comply with this Court's order dated July 18, 2017, and with the Florida Rules of Appellate Procedure.
|
|
Docket Date |
2017-08-04
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss ~ Appellee's Second motion To Dismiss Appeal
|
On Behalf Of |
PENNYMAC CORP.
|
|
Docket Date |
2017-07-25
|
Type |
Supreme Court
|
Subtype |
Acknowledged Receipt from Supreme Court
|
Description |
Acknowledged Receipt from Supreme Court
|
|
Docket Date |
2017-07-20
|
Type |
Notice
|
Subtype |
Notice
|
Description |
NOTICE OF DISCRETN. JURISDICTN
|
|
Docket Date |
2017-07-20
|
Type |
Supreme Court
|
Subtype |
Notice to Invok. Disc. Jur. FSC
|
Description |
Notice of Discretional Jurisdiction to Supreme Court
|
|
Docket Date |
2017-07-18
|
Type |
Order
|
Subtype |
Order to Serve Brief
|
Description |
AA to file intitial brief w/in 10 days (OR21A) ~ Upon consideration, appellee¿s motion to dismiss the appeal is hereby denied. Appellant¿s reply to the appellee¿s opposition to the motion for remand is accepted by the Court. Upon consideration, appellant¿s motion to remand and motion to strike are denied. Pursuant to the time schedule provided in the Florida Rules of Appellate Procedure, the time for filing the initial brief has expired. This cause will be subject to dismissal unless the document referred to is filed within ten (10) days from the date of this order, or within said time the court is otherwise notified that this matter is being diligently prosecuted.
|
|
Docket Date |
2017-06-06
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE
|
|
Docket Date |
2017-06-06
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ motion to have appellant's reply to appellee's opposition for remand accepted also for the purposes of including rule 9.020(l)(3)
|
|
Docket Date |
2017-06-05
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ TO MOTION TO RELINQUISH JURISDICTION
|
On Behalf Of |
PENNYMAC CORP.
|
|
Docket Date |
2017-05-31
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ TRANSCRIPT
|
|
Docket Date |
2017-05-31
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ TO DISMISS
|
|
Docket Date |
2017-05-31
|
Type |
Motions Other
|
Subtype |
Motion To Relinquish Jurisdiction
|
Description |
Motion To Remand ~ jurisdiction to lower court for 1.540 motion hearing due to judgment by fraud
|
|
Docket Date |
2017-05-24
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to File Response
|
Description |
Ext-granted to respond to motion (OG01A) ~ Appellant¿s motion for extension of time to file a response to the appellee¿s motion to dismiss is granted to and including three (3) days from the date of this order.
|
|
Docket Date |
2017-05-22
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response
|
|
Docket Date |
2017-05-11
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss
|
On Behalf Of |
PENNYMAC CORP.
|
|
Docket Date |
2017-05-03
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Record on Appeal ~ 4 Volumes
|
|
Docket Date |
2017-03-17
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Misc. Extension Granted (OG02) ~ Appellant¿s motion for enlargement of time to pay the filing fee is granted to and including ten (10) days from the date of this order.
|
|
Docket Date |
2017-03-15
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time ~ Updated.
|
|
Docket Date |
2017-03-02
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Order to pay filing fee-civil w/o atty (OR14C) ~ This is to notify appellant that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred ($300.00) dollar fee is paid to the Clerk of the Court by cash, cashier¿s check or money order on or before March 12, 2017, or a certified copy of the Application for Determination of Civil Indigent Status in which the lower tribunal clerk has determined the appellant to be indigent is received on or before said date.
|
|
Docket Date |
2017-02-23
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2017-02-23
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. ** The $300 filing fee for an appeal is due.
|
|
Docket Date |
2017-02-23
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ PRIOR CASE: 16-1465
|
On Behalf Of |
ANTHONY PARKS
|
|
|
PENNYMAC CORP. VS OCEAN PLACE AT SILVER BEACH ASSOC.
|
4D2017-0452
|
2017-02-14
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE15-004725 (02)
|
Parties
Name |
PENNYMAC CORP.
|
Role |
Appellant
|
Status |
Active
|
Representations |
Alexzander D. Gonano, Avri S. Ben-Hamo, STEVEN B. GREENFIELD
|
|
Name |
OCCUPANT IN POSSESSION
|
Role |
Appellee
|
Status |
Active
|
|
Name |
OCEAN PLACE AT SILVER BEACH ASSOC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
ELI L. SAMET, Christopher Benton Hopkins, Harold B. Klite Truppman, Michael H. Wolf
|
|
Name |
Hon. John B. Bowman
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2018-01-26
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2018-01-26
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2018-01-10
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Opinion
|
|
Docket Date |
2018-01-10
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Deny Attorney's Fees ~ ORDERED that the appellant's June 26, 2017 motion for appellate attorney's fees is denied.
|
|
Docket Date |
2018-01-10
|
Type |
Misc. Events
|
Subtype |
Corrected Opinion
|
Description |
Corrected opinion
|
|
Docket Date |
2017-12-06
|
Type |
Notice
|
Subtype |
Notice of Related Case or Issue
|
Description |
Notice of Similar Case Pending ~ **AMENDED**
|
On Behalf Of |
OCEAN PLACE AT SILVER BEACH ASSOC.
|
|
Docket Date |
2017-12-05
|
Type |
Misc. Events
|
Subtype |
Oral Argument Date Set
|
Description |
Oral Argument Date Set ~ 4DCA
|
|
Docket Date |
2017-12-04
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
Pennymac Corp.
|
|
Docket Date |
2017-11-30
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
OCEAN PLACE AT SILVER BEACH ASSOC.
|
|
Docket Date |
2017-11-28
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance ~ AMENDED.
|
On Behalf Of |
OCEAN PLACE AT SILVER BEACH ASSOC.
|
|
Docket Date |
2017-11-28
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellee's November 21, 2017 notice is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420 in that the certificate of service is incomplete. All certificates of service shall contain the name and physical address of the person served. Appellee may re-file the document with a proper certificate of service within fifteen (15) days from the date of this order.
|
|
Docket Date |
2017-11-21
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance ~ **STRICKEN**
|
On Behalf Of |
OCEAN PLACE AT SILVER BEACH ASSOC.
|
|
Docket Date |
2017-09-22
|
Type |
Order
|
Subtype |
Order on Motion/Request for Oral Argument
|
Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on December 5, 2017, at 10:00 A.M. for 10 minutes per side. The court calendars can be viewed on this court's website at HYPERLINK "http://www.4dca.org" www.4dca.org. Attorneys not registered with this court’s eDCA and pro se parties are required to file a "Notice of Receipt of Oral Argument" within ten (10) days from the date of this order, acknowledging they have received this order.
|
|
Docket Date |
2017-09-05
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
Pennymac Corp.
|
|
Docket Date |
2017-08-15
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
OCEAN PLACE AT SILVER BEACH ASSOC.
|
|
Docket Date |
2017-08-15
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief ~ TO ANSWER BRIEF.
|
On Behalf Of |
OCEAN PLACE AT SILVER BEACH ASSOC.
|
|
Docket Date |
2017-07-11
|
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 July 5, 2017 motion for extension of time is granted, and appellee shall serve the answer brief on or before August 15, 2017. 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 |
2017-07-05
|
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 |
OCEAN PLACE AT SILVER BEACH ASSOC.
|
|
Docket Date |
2017-06-29
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
Pennymac Corp.
|
|
Docket Date |
2017-06-26
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
Pennymac Corp.
|
|
Docket Date |
2017-06-26
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Pennymac Corp.
|
|
Docket Date |
2017-06-23
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's June 22, 2017 amended motion for extension of time is granted, and appellant shall serve the initial brief on or before June 26, 2017. 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 |
2017-06-22
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief ~ AMENDED.
|
On Behalf Of |
Pennymac Corp.
|
|
Docket Date |
2017-06-20
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief ~ AMENDED MOTION FILED.
|
On Behalf Of |
Pennymac Corp.
|
|
Docket Date |
2017-05-22
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ ORDERED that this court's May 18, 2017 order to show cause is discharged; further,ORDERED that appellant's motion for extension of time, contained in the May 18, 2017 response, is granted, and appellant shall serve the initial brief on or before June 20, 2017. 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 |
2017-05-18
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Initial Brief ~ *DISCHARGED*ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before May 30, 2017, why the above-styled case should not be dismissed for lack of timely prosecution, in that the 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 |
2017-05-18
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Order to Show Cause ~ *AND* MOTION FOR EXTENSION OF TIME TO SERVE INITIAL BRIEF.
|
On Behalf Of |
Pennymac Corp.
|
|
Docket Date |
2017-05-10
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
OCEAN PLACE AT SILVER BEACH ASSOC.
|
|
Docket Date |
2017-04-24
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ (221 PAGES)
|
|
Docket Date |
2017-04-17
|
Type |
Misc. Events
|
Subtype |
Affidavit
|
Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE.
|
|
Docket Date |
2017-04-13
|
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 April 3, 2017, appellant is ordered to file a report within ten (10) days from the date of this order, as to the status of the payment of the record on appeal.
|
|
Docket Date |
2017-04-13
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report
|
On Behalf Of |
Pennymac Corp.
|
|
Docket Date |
2017-04-06
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ Upon consideration of the parties' March 20 and 24, 2017 supplemental jurisdictional brief and response, it is ORDERED that this appeal shall proceed as an appeal from the August 17, 2016 order imposing equitable lien, as rendered by the February 2, 2017 denial of appellant's August 26, 2016 motion for rehearing/relief from the August 17, 2016 order.
|
|
Docket Date |
2017-04-03
|
Type |
Misc. Events
|
Subtype |
Affidavit
|
Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE.
|
|
Docket Date |
2017-03-24
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ "REPLY" TO SUPPLEMENTAL JURISDICTIONAL BRIEF.
|
On Behalf Of |
OCEAN PLACE AT SILVER BEACH ASSOC.
|
|
Docket Date |
2017-03-20
|
Type |
Brief
|
Subtype |
Jurisdictional Brief
|
Description |
Jurisdictional Brief ~ SUPPLEMENTAL.
|
On Behalf Of |
Pennymac Corp.
|
|
Docket Date |
2017-03-15
|
Type |
Order
|
Subtype |
Order on Motion To Strike
|
Description |
Deny Motion to Strike ~ ORDERED that appellant's March 8, 2017 motion to strike is denied. This court's February 15, 2017 jurisdictional order specifically permitted appellee to file a reply; further,Upon consideration of the parties' responses to this court's February 15, 2017 jurisdictional order, it is ORDERED that appellant shall file a supplemental brief, within five (5) days from the date of this order, as to whether this appeal can proceed as an appeal from the August 17, 2016 order imposing the equitable lien, as rendered by the February 2, 2017 denying the August 26, 2016 motion for rehearing of the August 17, 2016 order. The supplemental response shall address whether the August 17, 2016 order imposing the equitable lien was a final, appealable order. Appellee may file a response within five (5) days from appellant's supplemental brief.
|
|
Docket Date |
2017-03-08
|
Type |
Motions Other
|
Subtype |
Motion To Strike
|
Description |
Motion To Strike
|
On Behalf Of |
Pennymac Corp.
|
|
Docket Date |
2017-03-07
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
OCEAN PLACE AT SILVER BEACH ASSOC.
|
|
Docket Date |
2017-03-07
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO JURISDICTIONAL BRIEF.
|
On Behalf Of |
OCEAN PLACE AT SILVER BEACH ASSOC.
|
|
Docket Date |
2017-02-27
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Pennymac Corp.
|
|
Docket Date |
2017-02-27
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ **JURISDICTIONAL BRIEF** TO 2/15/17 ORDER
|
On Behalf Of |
Pennymac Corp.
|
|
Docket Date |
2017-02-15
|
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.
|
|
Docket Date |
2017-02-15
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2017-02-14
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Pennymac Corp.
|
|
Docket Date |
2017-02-14
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|
ROBERTO VIEIRA and SHAWN D. VIEIRA VS PENNYMAC CORP.
|
4D2016-3430
|
2016-10-11
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502015CA001150 AW
|
Parties
Name |
Shawn D. Vieira
|
Role |
Appellant
|
Status |
Active
|
|
Name |
FORECLOSURE, INC.
|
Role |
Appellant
|
Status |
Active
|
|
Name |
ROBERTO VIEIRA INC.
|
Role |
Appellant
|
Status |
Active
|
Representations |
KYLE M COSTELLO, Anthony Emmanuel Saurini, THOMAS EROSS, Kendrick Almaguer
|
|
Name |
PENNYMAC CORP.
|
Role |
Appellee
|
Status |
Active
|
Representations |
ANTHONY RYAN SMITH, Nancy M. Wallace, William P. Heller, Rebecca A. Rodriguez, HENRY BOLTZ
|
|
Name |
Hon. Susan R. Lubitz
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Palm Beach
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2016-12-22
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ ORDERED that upon consideration of appellants' response filed December 20, 2016, this court's December 20, 2016 order to show cause is discharged. Further,ORDERED that appellants' motion for extension of time included in the response is granted, and appellants shall serve the initial brief within sixty (60) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
Docket Date |
2018-04-06
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2018-04-06
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2018-03-21
|
Type |
Disposition by Opinion
|
Subtype |
Reversed
|
Description |
Reversed - Authored Opinion
|
|
Docket Date |
2018-03-21
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Deny Attorney's Fees ~ ORDERED that the appellants' June 16, 2017 motion for attorneys' fees and costs is denied. See Nationstar Mortgage LLC v. Glass, 219 So. 3d 896 (Fla. 4th DCA 2017).
|
|
Docket Date |
2017-12-11
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ (9/09/16 TRANSCRIPT)
|
On Behalf Of |
Roberto Vieira
|
|
Docket Date |
2017-09-15
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
Roberto Vieira
|
|
Docket Date |
2017-08-30
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
Description |
Notice of Agreed Extension - Reply Brief ~ 15 DAYS TO 9/14/17
|
On Behalf Of |
Roberto Vieira
|
|
Docket Date |
2017-08-15
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
Description |
Notice of Agreed Extension - Reply Brief ~ 15 DAYS TO 08/30/17
|
On Behalf Of |
Roberto Vieira
|
|
Docket Date |
2017-07-26
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
Pennymac Corp.
|
|
Docket Date |
2017-07-10
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ 15 DAYS TO 7/26/17
|
On Behalf Of |
Pennymac Corp.
|
|
Docket Date |
2017-06-19
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance ~ AS CO-COUNSEL
|
|
Docket Date |
2017-06-19
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO APPELLANT'S MOTION FOR APPELLATE ATTORNEYS' FEES
|
On Behalf Of |
Pennymac Corp.
|
|
Docket Date |
2017-06-16
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ AND COSTS (RESPONSE FILED 6/19/2017)
|
On Behalf Of |
Roberto Vieira
|
|
Docket Date |
2017-06-16
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Roberto Vieira
|
|
Docket Date |
2017-06-14
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
Description |
ORD-Grant Supplemental ROA & EOT for Brief ~ ORDERED that appellants' June 12, 2017 motion for extension of time and motion to supplement the record, included in the response to this court's May 31, 2017 order to show cause, is granted. Appellants shall file the initial brief and the trial transcript by June 16, 2017. However, this court notes that it has issued three orders to show cause for lack of prosecution, and has already issued a final extension of time. No further extensions of time will be permitted absent exigent circumstances arising AFTER the issuance of this order. Further, ORDERED that the May 31, 2017 order to show cause is discharged.
|
|
Docket Date |
2017-06-12
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Order to Show Cause ~ *AND* MOTION FOR ENLARGMENT OF TIME TO FILE INITIAL BRIEF AND MOTION TO SUPPLEMENT ROA
|
On Behalf Of |
Roberto Vieira
|
|
Docket Date |
2017-05-31
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED 6/14/17** ORDERED that appellants in the above-styled case are directed to show cause in writing, if any there be, within ten (10) days from the date of the entry of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellants' 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 |
2016-12-20
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED**ORDERED that appellants in the above-styled case are directed to show cause in writing, if any there be, on or before December 30, 2016, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellants' 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 |
2016-12-20
|
Type |
Response
|
Subtype |
Response
|
Description |
Response
|
On Behalf Of |
Roberto Vieira
|
|
Docket Date |
2016-12-07
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ (388 PAGES)
|
|
Docket Date |
2016-10-19
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Pennymac Corp.
|
|
Docket Date |
2016-10-13
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2017-05-10
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORD-Initial Brief to be Served ~ ORDERED that appellants’ May 1, 2017 motion for extension of time, included in the response to this court's order to show cause, is granted, and appellants shall serve the initial brief within fifteen (15) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellants are advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Further, ORDERED that the April 26, 2017 order to show cause is discharged.
|
|
Docket Date |
2017-05-01
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Order to Show Cause ~ AND UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO FILE INITIAL BRIEF
|
On Behalf Of |
Roberto Vieira
|
|
Docket Date |
2017-04-26
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED 5/10/17**ORDERED that appellants in the above-styled case are directed to show cause in writing, if any there be, on or before May 8, 2017, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellants' 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 |
2017-02-10
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 03/22/17
|
On Behalf Of |
Roberto Vieira
|
|
Docket Date |
2016-10-13
|
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.
|
|
Docket Date |
2016-10-11
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Roberto Vieira
|
|
Docket Date |
2016-10-11
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|
HARUTYUN HOVANNESIAN VS PENNYMAC CORP.
|
4D2016-3253
|
2016-09-23
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2009CA038927
|
Parties
Name |
HARUTYUN HOVANNESIAN
|
Role |
Appellant
|
Status |
Active
|
Representations |
Jonathan H. Kline
|
|
Name |
PENNYMAC CORP.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Victor Robert Berwin, Eric M. Levine, Nancy M. Wallace, William P. Heller
|
|
Name |
Clerk - Palm Beach
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2017-09-27
|
Type |
Order
|
Subtype |
Order Vacating/Withdrawing Order
|
Description |
ORD-Amended Order ~ ORDERED that this court's September 26, 2017 order is amended as follows: ORDERED that appellant's September 15, 2017 motion for extension of time is grantedin part, and appellant shall serve the reply brief on or before October 15, 2017. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
Docket Date |
2017-12-21
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Deny Attorney's Fees ~ ORDERED that the appellant's August 9, 2017 motion for award of appellate attorneys' fees is denied.
|
|
Docket Date |
2017-12-20
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
Pennymac Corp.
|
|
Docket Date |
2017-10-16
|
Type |
Order
|
Subtype |
Order Dispensing with Oral Argument
|
Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
Docket Date |
2017-10-16
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
HARUTYUN HOVANNESIAN
|
|
Docket Date |
2018-02-02
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2018-01-16
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing
|
Description |
ORD-Denying Rehearing ~ ORDERED that the appellant's January 5, 2018 motion for rehearing is denied.
|
|
Docket Date |
2018-01-16
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2018-01-08
|
Type |
Response
|
Subtype |
Response
|
Description |
Response
|
On Behalf Of |
Pennymac Corp.
|
|
Docket Date |
2018-01-05
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion For Rehearing
|
On Behalf Of |
HARUTYUN HOVANNESIAN
|
|
Docket Date |
2017-12-21
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2017-09-26
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
Description |
Order Granting EOT for Appellant's Reply Brief ~ **AMENDED ORDER ISSUED**ORDERED that appellant's September 15, 2017 motion for extension of time is granted in part, and appellant shall serve the reply brief within fifteen (15) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
Docket Date |
2017-09-15
|
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 |
HARUTYUN HOVANNESIAN
|
|
Docket Date |
2017-08-23
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
Pennymac Corp.
|
|
Docket Date |
2017-08-14
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO MOTION FOR ATTY. FEES.
|
On Behalf Of |
Pennymac Corp.
|
|
Docket Date |
2017-08-11
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellee's August 10, 2017 motion to supplement the record is granted. The proposed supplemental record is deemed filed.
|
|
Docket Date |
2017-08-10
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ (11 PAGES)
|
On Behalf Of |
Pennymac Corp.
|
|
Docket Date |
2017-08-10
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion To File Supplemental Record
|
On Behalf Of |
Pennymac Corp.
|
|
Docket Date |
2017-08-09
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ **RESPONSE FILED 8/14/17**
|
On Behalf Of |
HARUTYUN HOVANNESIAN
|
|
Docket Date |
2017-08-09
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
HARUTYUN HOVANNESIAN
|
|
Docket Date |
2017-08-09
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief ~ TO INITIAL BRIEF.
|
On Behalf Of |
HARUTYUN HOVANNESIAN
|
|
Docket Date |
2017-08-09
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
HARUTYUN HOVANNESIAN
|
|
Docket Date |
2017-07-10
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORD-Initial Brief to be Served ~ ORDERED that appellant's June 19, 2017 motion for extension of time is granted in part, and appellant 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 will be subject to dismissal or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant.
|
|
Docket Date |
2017-06-19
|
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 |
HARUTYUN HOVANNESIAN
|
|
Docket Date |
2017-06-05
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report
|
On Behalf Of |
HARUTYUN HOVANNESIAN
|
|
Docket Date |
2017-05-22
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ (193 PAGES)
|
|
Docket Date |
2017-05-22
|
Type |
Order
|
Subtype |
Order to File Status Report
|
Description |
Order for Status Report Re: ROA ~ Upon consideration of the notice of inability to transmit record on appeal filed by the clerk of the lower tribunal on May 11, 2017, 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 |
2017-05-17
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 6/19/17.
|
On Behalf Of |
HARUTYUN HOVANNESIAN
|
|
Docket Date |
2017-05-11
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ OF INABILITY TO TRANSMIT RECORD ON APPEAL.
|
|
Docket Date |
2017-04-20
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 5/20/17.
|
On Behalf Of |
HARUTYUN HOVANNESIAN
|
|
Docket Date |
2017-03-21
|
Type |
Order
|
Subtype |
Order re Stay
|
Description |
Stay is lifted, case to proceed ~ ORDERED, upon consideration of appellant's March 16, 2017 notice of filing, the stay is lifted. Appellant shall file the initial brief within thirty (30) days from the date of this order.
|
|
Docket Date |
2017-03-16
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report
|
On Behalf Of |
HARUTYUN HOVANNESIAN
|
|
Docket Date |
2017-03-09
|
Type |
Order
|
Subtype |
Order to File Status Report
|
Description |
Order to File Status Report ~ ORDERED that the appellant is directed to file a status report within ten (10) days from the date of this order regarding the bankruptcy proceedings.
|
|
Docket Date |
2016-11-30
|
Type |
Order
|
Subtype |
Order Bankruptcy
|
Description |
ORD-Case Stayed Pending Bankruptcy ~ A suggestion of bankruptcy having been filed, and it appearing that no cause exists as to why the entire above-styled appeal should not be stayed by virtue of 11 U.S.C. § 362, it is ORDERED that:This appeal is stayed. If the bankruptcy case becomes closed, dismissed, or modified to permit this appeal to proceed, then appellant shall promptly, and in no event later than twenty (20) days after the event has occurred, notify this court in writing that this appeal may proceed.Unless this appeal is voluntarily dismissed, appellant, within ninety (90) days from the date of this order, and then every ninety (90) days thereafter, shall notify this court as to the status of the bankruptcy case.
|
|
Docket Date |
2016-11-22
|
Type |
Notice
|
Subtype |
Suggestion of Bankruptcy
|
Description |
Suggestion of Bankruptcy
|
On Behalf Of |
HARUTYUN HOVANNESIAN
|
|
Docket Date |
2016-10-28
|
Type |
Order
|
Subtype |
Order on Motion for Reinstatement
|
Description |
ORD-Reinstatement ~ ORDERED that the appellant's October 25, 2016 motion to reinstate appeal is granted, and the above-styled appeal is reinstated. The initial brief shall be filed on or before December 1, 2016.
|
|
Docket Date |
2016-10-26
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO MOTION TO REINSTATE.
|
On Behalf Of |
Pennymac Corp.
|
|
Docket Date |
2016-10-25
|
Type |
Post-Disposition Motions
|
Subtype |
Motion For Reinstatement
|
Description |
Motion For Reinstatement
|
On Behalf Of |
HARUTYUN HOVANNESIAN
|
|
Docket Date |
2016-10-19
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ **REINSTATED 10/28/16** ORDERED sua sponte that the above-styled appeal is dismissed for nonpayment of the $300.00 filing fee.
|
|
Docket Date |
2016-10-19
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk ~ **REINSTATED 10/28/16**
|
|
Docket Date |
2016-09-27
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Pennymac Corp.
|
|
Docket Date |
2016-09-26
|
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.
|
|
Docket Date |
2016-09-26
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2016-09-23
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2016-09-23
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
HARUTYUN HOVANNESIAN
|
|
|
JUAN PABLO BEZADA, etc., VS PENNYMAC CORP.
|
3D2016-2134
|
2016-09-16
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
3rd District Court of Appeal
|
Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
13-19881
|
Parties
Name |
JUAN PABLO BEZADA
|
Role |
Appellant
|
Status |
Active
|
Representations |
BRIAN K. KORTE, SCOTT J. WORTMAN
|
|
Name |
PENNYMAC CORP.
|
Role |
Appellee
|
Status |
Active
|
Representations |
CELIA C. FALZONE, Nancy M. Wallace, William P. Heller, Albertelli Law
|
|
Name |
Hon. Migna Sanchez-Llorens
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Miami-Dade Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2017-06-09
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2017-02-09
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ IB-10 days to 2/20/17
|
|
Docket Date |
2017-01-18
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time
|
On Behalf Of |
JUAN PABLO BEZADA
|
|
Docket Date |
2017-01-18
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 2/10/17
|
|
Docket Date |
2017-01-10
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ order and request for court to retake jurisdiction
|
On Behalf Of |
PENNYMAC CORP.
|
|
Docket Date |
2017-01-10
|
Type |
Order
|
Subtype |
Order
|
Description |
MISCELLANEOUS ORDER (OR999) ~ Appellee¿s request for Court to retake jurisdiction is granted.
|
|
Docket Date |
2016-11-30
|
Type |
Order
|
Subtype |
Order on Motion to Relinquish Jurisdiction
|
Description |
Relinquishment Granted (OG49) ~ The motion to relinquish jurisdiction is granted and jurisdiction of this cause is temporarily relinquished to the trial court for a period of forty-five (45) days from the date of this order for the purpose(s) stated in the motion.
|
|
Docket Date |
2016-11-21
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ notice of abatement/motion to relinquish jurisdiciton
|
On Behalf Of |
PENNYMAC CORP.
|
|
Docket Date |
2016-11-14
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Record on Appeal ~ 3 VOLUMES
|
|
Docket Date |
2016-10-31
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
PENNYMAC CORP.
|
|
Docket Date |
2016-09-16
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
JUAN PABLO BEZADA
|
|
Docket Date |
2016-09-16
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. ** The $300 filing fee for an appeal is due.
|
|
Docket Date |
2016-09-16
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2017-05-24
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2017-05-24
|
Type |
Motion
|
Subtype |
Attorney's Fees
|
Description |
Attorneys fees denied (OD47) ~ Upon consideration of appellant's motion for attorneys' fees, it is ordered that said motion is hereby denied.
|
|
Docket Date |
2017-04-11
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance ~ Notice of Change of Attorney of Record
|
|
Docket Date |
2017-03-14
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
PENNYMAC CORP.
|
|
Docket Date |
2017-02-22
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ to motion for attorney's fees
|
On Behalf Of |
PENNYMAC CORP.
|
|
Docket Date |
2017-02-21
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
JUAN PABLO BEZADA
|
|
Docket Date |
2017-02-20
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
JUAN PABLO BEZADA
|
|
Docket Date |
2017-02-20
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
PENNYMAC CORP.
|
|
Docket Date |
2017-02-09
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time
|
On Behalf Of |
JUAN PABLO BEZADA
|
|
|
DOMINICK SAVASTANA VS PENNYMAC CORP.
|
4D2016-3115
|
2016-09-13
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE09036956 (11)
|
Parties
Name |
DOMINICK SAVASTANA
|
Role |
Appellant
|
Status |
Active
|
Representations |
Bruce K. Herman
|
|
Name |
PENNYMAC CORP.
|
Role |
Appellee
|
Status |
Active
|
Representations |
William P. Heller, MARLON C. HYATT, Nancy M. Wallace
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2017-01-10
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2017-01-10
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORD-Grant Voluntary Dismissal (Joint) ~ At the request of the parties, this case is dismissed.
|
|
Docket Date |
2017-01-06
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal ~ (STIPULATED DISMISSAL OF APPEAL)
|
On Behalf Of |
Pennymac Corp.
|
|
Docket Date |
2016-12-28
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's December 22, 2016 agreed motion for extension of time is granted, and appellant shall serve the initial brief on or before February 2, 2017. 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 |
2016-12-22
|
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 |
DOMINICK SAVASTANA
|
|
Docket Date |
2016-12-07
|
Type |
Record
|
Subtype |
Exhibits
|
Description |
Received Exhibits ~ ****IN CONFIDENTIAL FOLDER****
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2016-11-29
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 365 PAGES
|
|
Docket Date |
2016-10-31
|
Type |
Response
|
Subtype |
Response
|
Description |
Response
|
On Behalf Of |
DOMINICK SAVASTANA
|
|
Docket Date |
2016-10-28
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's October 27, 2016 agreed motion for extension of time is granted, and appellant shall serve the initial brief on or before January 2, 2017. 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 |
2016-10-27
|
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 |
DOMINICK SAVASTANA
|
|
Docket Date |
2016-10-19
|
Type |
Misc. Events
|
Subtype |
Affidavit
|
Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
|
Docket Date |
2016-09-15
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Pennymac Corp.
|
|
Docket Date |
2016-09-14
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2016-09-14
|
Type |
Misc. Events
|
Subtype |
Docketing Statement
|
Description |
Docketing Statement
|
On Behalf Of |
DOMINICK SAVASTANA
|
|
Docket Date |
2016-09-13
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2016-09-13
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
DOMINICK SAVASTANA
|
|
|
PENNYMAC CORP. VS MARIA GALLETTI AUTREY, et al.
|
3D2016-1866
|
2016-08-11
|
Closed
|
|
Classification |
NOA Non Final - Circuit Civil - Other
|
Court |
3rd District Court of Appeal
|
Originating Court |
Circuit Court for the Sixteenth Judicial Circuit, Monroe County
10-493
|
Parties
Name |
PENNYMAC CORP.
|
Role |
Appellant
|
Status |
Active
|
Representations |
Eric M. Levine, William P. Heller, Nancy M. Wallace
|
|
Name |
MICHAEL G. HILL
|
Role |
Appellee
|
Status |
Active
|
|
Name |
THOMAS AUTREY
|
Role |
Appellee
|
Status |
Active
|
|
Name |
JOHN MIKLOS
|
Role |
Appellee
|
Status |
Active
|
|
Name |
JAY BAKER
|
Role |
Appellee
|
Status |
Active
|
|
Name |
JOSEPH GALLETTI
|
Role |
Appellee
|
Status |
Active
|
|
Name |
NANCY MIKLOS
|
Role |
Appellee
|
Status |
Active
|
|
Name |
MARIA GALLETTI AUTREY
|
Role |
Appellee
|
Status |
Active
|
Representations |
DAVID E. BORACK, MARIA I. ESCOTO-CASTIELLO
|
|
Name |
JOHN LESMAN
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Mark H. Jones
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
HON. JAMES M. BARTON, II
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Monroe Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2016-11-16
|
Type |
Disposition by Opinion
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2016-11-16
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2016-11-16
|
Type |
Mandate
|
Subtype |
Disp. w/o Mandate
|
Description |
Disp w/o mandate
|
|
Docket Date |
2016-11-16
|
Type |
Notice
|
Subtype |
Voluntary Dismissal
|
Description |
Voluntary Dismissal Recognized (OG33) ~ ORDERED that appellant's notice of voluntary dismissal is recognized by the Court, and this appeal from the Circuit Court for Monroe County, Florida is hereby dismissed.
|
|
Docket Date |
2016-11-15
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal
|
On Behalf Of |
PENNYMAC CORP.
|
|
Docket Date |
2016-10-24
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Docket Entry
|
Description |
Miscellaneous Docket Entry ~ order denying non-party Michael Hill's motion to vacate/reverse sale, certificate of sale and certificate of title
|
|
Docket Date |
2016-09-29
|
Type |
Order
|
Subtype |
Order on Motion to Relinquish Jurisdiction
|
Description |
Relinquishment Granted (OG49) ~ The motion to relinquish jurisdiction is granted and jurisdiction of this cause is temporarily relinquished to the trial court for a period of forty-five (45) days from the date of this order for the purpose(s) stated in the motion.
|
|
Docket Date |
2016-08-30
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
Order Response: Motion (OR23) ~ Appellees are ordered to file a response within ten (10) days of the date of this order to the appellant¿s motion to relinquish jurisdiction.
|
|
Docket Date |
2016-08-17
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ CERTIFIED WITH ORDER APPEAL ATTACHED.
|
|
Docket Date |
2016-08-16
|
Type |
Motions Other
|
Subtype |
Motion To Relinquish Jurisdiction
|
Description |
Motion To Relinquish Jurisdiction
|
On Behalf Of |
PENNYMAC CORP.
|
|
Docket Date |
2016-08-16
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix
|
On Behalf Of |
PENNYMAC CORP.
|
|
Docket Date |
2016-08-11
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments.
|
|
Docket Date |
2016-08-11
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ NOT CERTIFIED AND NO ORDER ATTACHED. PRIOR CASE: 16-1503, 15-1197
|
On Behalf Of |
PENNYMAC CORP.
|
|
Docket Date |
2016-08-11
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|
MICHAEL MASLAK VS PENNYMAC CORP., ET AL
|
4D2016-2216
|
2016-06-30
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Martin County
14-282 CA
|
Parties
Name |
MICHAEL MASLAK
|
Role |
Appellant
|
Status |
Active
|
Representations |
Tim B. Wright, William P. Heller
|
|
Name |
JULIO MENDOZA
|
Role |
Appellee
|
Status |
Active
|
|
Name |
CARLOS MENDOZA LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
PENNYMAC CORP.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Nancy M. Wallace, Gregory Wallach, Eric M. Levine
|
|
Name |
EDWARDO MENDOZA
|
Role |
Appellee
|
Status |
Active
|
|
Name |
CARLETON HUNTER SHEETS
|
Role |
Appellee
|
Status |
Active
|
|
Name |
ALICIA RODRIGUEZ, CORPORATION
|
Role |
Appellee
|
Status |
Active
|
|
Name |
HON. F. SHIELDS MCMANUS
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Martin
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2017-07-21
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2017-07-21
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2017-06-29
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Deny Attorney's Fees ~ ORDERED that the appellant's January 23, 2017 motion for appellate attorneys' fees and costs is denied.
|
|
Docket Date |
2017-06-29
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2017-03-23
|
Type |
Order
|
Subtype |
Order
|
Description |
ORD-Sua Sponte ~ ORDERED sua sponte that case numbers 4D16-2216 and 4D16-2217 are consolidated for purposes of assignment to the same panel.
|
|
Docket Date |
2017-02-23
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
MICHAEL MASLAK
|
|
Docket Date |
2017-01-26
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant's January 23, 2017 motion for extension of time is granted, and appellant shall serve the reply brief within thirty (30) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
Docket Date |
2017-01-23
|
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 |
MICHAEL MASLAK
|
|
Docket Date |
2017-01-23
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO APPELLANT'S MOTION FOR APPELLATE ATTORNEYS' FEES AND COSTS
|
On Behalf Of |
Pennymac Corp.
|
|
Docket Date |
2017-01-23
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ AND COSTS (RESPONSE FILED 1/23/17)
|
On Behalf Of |
MICHAEL MASLAK
|
|
Docket Date |
2017-01-03
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
Pennymac Corp.
|
|
Docket Date |
2016-12-29
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ 10 DAYS TO 1/13/17
|
On Behalf Of |
Pennymac Corp.
|
|
Docket Date |
2016-12-08
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
MICHAEL MASLAK
|
|
Docket Date |
2016-12-08
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Pennymac Corp.
|
|
Docket Date |
2016-11-08
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's October 24, 2016 second motion for extension of time to file initial brief is granted, and appellant 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 |
2016-10-24
|
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 |
MICHAEL MASLAK
|
|
Docket Date |
2016-09-14
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's September 8, 2016 corrected motion for extension of time is granted, and appellant shall serve the initial brief within forty (40) 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 |
2016-09-08
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief ~ **SEE CORRECTED MOTION**
|
On Behalf Of |
MICHAEL MASLAK
|
|
Docket Date |
2016-09-07
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 333 PAGES
|
|
Docket Date |
2016-07-12
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Pennymac Corp.
|
|
Docket Date |
2016-07-01
|
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, 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.
|
|
Docket Date |
2016-07-01
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2016-06-30
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2016-06-30
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
MICHAEL MASLAK
|
|
|
MICHAEL MASLAK VS PENNYMAC CORP., ET AL
|
4D2016-2217
|
2016-06-30
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Martin County
12-1947 CA
|
Parties
Name |
MICHAEL MASLAK
|
Role |
Appellant
|
Status |
Active
|
Representations |
Tim B. Wright
|
|
Name |
CARLETON HUNTER SHEETS
|
Role |
Appellee
|
Status |
Active
|
|
Name |
UNKNOWN TENANTS
|
Role |
Appellee
|
Status |
Active
|
|
Name |
PENNYMAC CORP.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Nancy M. Wallace, William P. Heller, Eric M. Levine, TRACY WEBSTER
|
|
Name |
HON. F. SHIELDS MCMANUS
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Martin
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2017-07-21
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2017-07-21
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2017-06-29
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Deny Attorney's Fees ~ ORDERED that the appellant's January 23, 2017 motion for appellate attorney's fees and costs is denied.
|
|
Docket Date |
2017-06-29
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2017-03-23
|
Type |
Order
|
Subtype |
Order
|
Description |
ORD-Sua Sponte ~ ORDERED sua sponte that case numbers 4D16-2216 and 4D16-2217 are consolidated for purposes of assignment to the same panel.
|
|
Docket Date |
2017-02-23
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
MICHAEL MASLAK
|
|
Docket Date |
2017-01-26
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant's January 23, 2017 motion for extension of time is granted, and appellant shall serve the reply brief within thirty (30) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
Docket Date |
2017-01-23
|
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 |
MICHAEL MASLAK
|
|
Docket Date |
2017-01-23
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO APPELLANT'S MOTION FOR APPELLATE ATTORNEYS' FEES AND COSTS
|
On Behalf Of |
Pennymac Corp.
|
|
Docket Date |
2017-01-23
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ AND COSTS (RESPONSE FILED 1/23/17)
|
On Behalf Of |
MICHAEL MASLAK
|
|
Docket Date |
2017-01-03
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
Pennymac Corp.
|
|
Docket Date |
2016-12-29
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ 10 DAYS TO 1/13/17
|
On Behalf Of |
Pennymac Corp.
|
|
Docket Date |
2016-12-08
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
MICHAEL MASLAK
|
|
Docket Date |
2016-11-08
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's October 24, 2016 second motion for extension of time to file initial brief is granted, and appellant 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 |
2016-10-24
|
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 |
MICHAEL MASLAK
|
|
Docket Date |
2016-09-14
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's September 8, 2016 corrected motion for extension of time is granted, and appellant shall serve the initial brief within forty (40) 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 |
2016-09-08
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief ~ **SEE CORRECTED MOTION**
|
On Behalf Of |
MICHAEL MASLAK
|
|
Docket Date |
2016-09-07
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 269 PAGES
|
|
Docket Date |
2016-07-12
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Pennymac Corp.
|
|
Docket Date |
2016-07-01
|
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, 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.
|
|
Docket Date |
2016-07-01
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2016-06-30
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2016-06-30
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
MICHAEL MASLAK
|
|
|
CHRISTOPHER J. CHESNEY VS J P MORGAN CHASE BANK, N. A.
|
2D2016-2830
|
2016-06-15
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pasco County
14-CA-3879
|
Parties
Name |
CHRISTOPHER J. CHESNEY
|
Role |
Appellant
|
Status |
Active
|
Representations |
MATTHEW D. ELLROD, ESQ.
|
|
Name |
PENNYMAC CORP.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
J P MORGAN CHASE BANK, N. A.
|
Role |
Appellee
|
Status |
Active
|
Representations |
BROCK & SCOTT, P L L C, HALLIE SMITH EVANS, ESQ., WILLIAM P. HELLER, ESQ., NANCY M. WALLACE, ESQ., MICHAEL J. LARSON, ESQ.
|
|
Name |
PASCO CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2016-09-19
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee Answer Brief
|
On Behalf Of |
J P MORGAN CHASE BANK, N. A.
|
|
Docket Date |
2016-09-01
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion For Substitution of Parties
|
Description |
Motion For Substitution of Parties ~ MOTION TO SUBSTITUTE APPELLEE AND CHANGE CASE CAPTION1
|
On Behalf Of |
J P MORGAN CHASE BANK, N. A.
|
|
Docket Date |
2016-09-01
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLANT'S RESPONSE TO JPMORGAN'S MOTION TO SUBSTITUTE APPELLEE AND CHANGE CASE CAPTION
|
On Behalf Of |
CHRISTOPHER J. CHESNEY
|
|
Docket Date |
2017-03-07
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2017-02-20
|
Type |
Misc. Events
|
Subtype |
Case Closed
|
Description |
Case Closed
|
|
Docket Date |
2017-02-03
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Per Curiam Opinion ~ as an appeal from a nonfinal, nonappealable order.
|
|
Docket Date |
2016-09-19
|
Type |
Order
|
Subtype |
Order on Motion For Substitution of Parties
|
Description |
Order Denying Substitution of Parties
|
|
Docket Date |
2016-08-23
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits ~ WORD
|
On Behalf Of |
CHRISTOPHER J. CHESNEY
|
|
Docket Date |
2016-08-05
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ BYRD
|
|
Docket Date |
2016-07-01
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2016-07-01
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
J P MORGAN CHASE BANK, N. A.
|
|
Docket Date |
2016-06-15
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2016-06-15
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
CHRISTOPHER J. CHESNEY
|
|
|