|
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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|
|
|
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.
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|
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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 |
2017-05-24
|
| 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 |
2017-05-24
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| 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
|
|
| 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
|
|
|
|
BABY BLUE, LLC VS PENNYMAC CORP.
|
4D2016-1852
|
2016-06-02
|
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
502013CA006216XXXXMB
|
Parties
| Name |
BABY BLUE, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Victoria Gonzalez
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
LARRY EDELSTEIN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
COLORS LE PALAIS OF BOYNTON BEACH HOMEOWNERS ASSOC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RAINBOW LAKES COMMUNITY MASTER ASSOC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PENNYMAC CORP.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
GLADSTONE LAW GROUP, P.A., Nancy M. Wallace, William P. Heller
|
|
| Name |
CATHERINE EDELSTEIN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Jeffrey Dana Gillen
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-10-19
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2016-10-19
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-Lack of Prosecution ~ ORDERED sua sponte that the above-styled case is dismissed for lack of prosecution.
|
|
| Docket Date |
2016-09-26
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF INABILITY TO TRANSMIT RECORD ON APPEAL.
|
|
| Docket Date |
2016-09-26
|
| 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 6, 2016, 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 |
2016-07-07
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that the above-styled appeal shall proceed as a final appeal pursuant to Florida Rule of Appellate Procedure 9.110 of the final judgment that was deemed rendered May 25, 2016, which is the date the lower tribunal filed the signed, written order disposing of appellant's motion for rehearing.
|
|
| Docket Date |
2016-06-30
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Pennymac Corp.
|
|
| Docket Date |
2016-06-06
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ ORDER APPEALED (DUPLICATE OF ONE ATTACHED TO NOA) **SEE AMENDED NOTICE OF FILING**
|
| On Behalf Of |
BABY BLUE, LLC
|
|
| Docket Date |
2016-06-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-06-06
|
| 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 |
2016-06-02
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ **APPEAL SHALL PROCEED AS A FINAL APPEAL OF THE FJ THAT WAS DEEMED RENDERED 5/25/16-SEE 7/7/16 ORD**
|
| On Behalf Of |
BABY BLUE, LLC
|
|
| Docket Date |
2016-06-02
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
JOSEPH S. SCIANDRA VS PENNYMAC CORP.
|
2D2015-5189
|
2015-11-25
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
2012-CA-012862
|
Parties
| Name |
JOSEPH S. SCIANDRA
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
MARK P. STOPA
|
|
| Name |
LISA SCIANDRA
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PENNYMAC CORP.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ADAM G. SCHWARTZ, ESQ., WILLIAM P. HELLER, ESQ., ANDREW R. INGALLS, ESQ., MC CALLA RAYMER, ESQ., NANCY M. WALLACE, ESQ.
|
|
| Name |
PINELLAS CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-06-12
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2017-05-19
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellants Joseph S. Sciandra and Lisa Sciandra move for appellate attorneys' fees pursuant to paragraph 22 of the underlying mortgage and section 57.105(7), Fla. Stat. (2016). Because our disposition is only a reversal in part, the Sciandras' motion is provisionally granted, contingent upon the trial court's determination of which party prevails on the significant issues in the litigation. If the trial court finds that the Sciandras prevailed on any significant issues in litigation, it shall determine the appropriate amount of the award. See Fla. R. App. P. 9.400(b); E. Coast Metal Decks, Inc. v. Boran Craig Barber Engel Constr. Co., 114 So. 3d 311, 313 (Fla. 2d DCA 2013) (citing Moritz v. Hoyt Enters., Inc., 604 So. 2d 807, 810 (Fla. 1992)).
|
|
| Docket Date |
2017-05-19
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed in Part/Reversed in Part
|
| Description |
Affirmed in Part/Reversed in Part - Authored Opinion ~ ; remanded with instructions.
|
|
| Docket Date |
2017-05-05
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
JOSEPH S. SCIANDRA
|
|
| Docket Date |
2017-03-28
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Tampa
|
|
| Docket Date |
2017-03-14
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
PENNYMAC CORP.
|
|
| Docket Date |
2017-03-07
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
JOSEPH S. SCIANDRA
|
|
| Docket Date |
2016-12-27
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
JOSEPH S. SCIANDRA
|
|
| Docket Date |
2016-11-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORDER GRANTING APPELLANT'S REPLY BRIEF
|
|
| Docket Date |
2016-11-14
|
| 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 |
JOSEPH S. SCIANDRA
|
|
| Docket Date |
2016-10-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30-RB DUE 11/12/16
|
| On Behalf Of |
JOSEPH S. SCIANDRA
|
|
| Docket Date |
2016-10-10
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority ~ FILED 10/07/16 - HURRICANE MATTHEW COURT CLOSURE
|
| On Behalf Of |
PENNYMAC CORP.
|
|
| Docket Date |
2016-09-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30-RB DUE 10/13/16
|
| On Behalf Of |
JOSEPH S. SCIANDRA
|
|
| Docket Date |
2016-08-24
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
PENNYMAC CORP.
|
|
| Docket Date |
2016-08-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 10-AB DUE 08/29/16
|
| On Behalf Of |
PENNYMAC CORP.
|
|
| Docket Date |
2016-07-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - AB DUE 08/18/16
|
| On Behalf Of |
PENNYMAC CORP.
|
|
| Docket Date |
2016-06-27
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
PENNYMAC CORP.
|
|
| Docket Date |
2016-06-24
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
JOSEPH S. SCIANDRA
|
|
| Docket Date |
2016-06-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S RESPONSE TO APPELLANTS' MOTION FOR APPELLATE ATTORNEYS' FEES AND COSTS
|
| On Behalf Of |
PENNYMAC CORP.
|
|
| Docket Date |
2016-06-24
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
JOSEPH S. SCIANDRA
|
|
| Docket Date |
2016-06-23
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
JOSEPH S. SCIANDRA
|
|
| Docket Date |
2016-06-23
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
JOSEPH S. SCIANDRA
|
|
| Docket Date |
2016-06-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Denying EOT for Initial Brief ~ Appellant's motion for extension of time to file initial brief is denied. Counsel for the appellant does not provide in the motion sufficient grounds to warrant an extension of time to serve the initial brief because he fails to explain why he has been unable to timely serve the initial brief despite a prior order from this court warning that further motions for extension of time are unlikely to receive favorable consideration. Failure to serve the initial brief within 20 days of the date of this order may subject this appeal to dismissal without further notice.
|
|
| Docket Date |
2016-05-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
JOSEPH S. SCIANDRA
|
|
| Docket Date |
2016-05-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served on or before May 26, 2016. However, appellee's objection is noted, and further motions for extension of time are unlikely to receive favorable consideration.
|
|
| Docket Date |
2016-05-03
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
JOSEPH S. SCIANDRA
|
|
| Docket Date |
2016-04-04
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30-IB DUE 05/03/16
|
| On Behalf Of |
JOSEPH S. SCIANDRA
|
|
| Docket Date |
2016-02-29
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30-IB DUE 04/02/16
|
| On Behalf Of |
JOSEPH S. SCIANDRA
|
|
| Docket Date |
2016-02-10
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ ST. ARNOLD
|
|
| Docket Date |
2016-02-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30-IB DUE 03/03/16
|
| On Behalf Of |
JOSEPH S. SCIANDRA
|
|
| Docket Date |
2015-12-07
|
| Type |
Misc. Events
|
| Subtype |
Certificate
|
| Description |
Certificate ~ AMENDED CERTIFICATE OF SERVICE AS TO APPELLANTS' NOTICE OF APPEAL
|
| On Behalf Of |
JOSEPH S. SCIANDRA
|
|
| Docket Date |
2015-12-03
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
PENNYMAC CORP.
|
|
| Docket Date |
2015-12-02
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2015-12-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2015-11-25
|
| Type |
Letter-Case
|
| Subtype |
Letter
|
| Description |
Letter
|
| On Behalf Of |
PINELLAS CLERK
|
|
| Docket Date |
2015-11-25
|
| Type |
Miscellaneous Document
|
| Subtype |
Lower Tribunal Transmittal Cover Sheet
|
| Description |
LOWER TRIBUNAL TRANSMITTAL COVER SHEET
|
| On Behalf Of |
PINELLAS CLERK
|
|
| Docket Date |
2015-11-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
JOSEPH S. SCIANDRA
|
|
| Docket Date |
2015-11-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
CHRISTOPHER J. CHESNEY VS J P MORGAN CHASE & PENNYMAC CORP.
|
2D2015-3058
|
2015-07-07
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pasco County
2014-CA-3879-WS
|
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, NATIONAL ASSOCIATI
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
NANCY M. WALLACE, ESQ., MICHAEL J. LARSON, ESQ., SHAPIRO FISHMAN & GACHE, L L P
|
|
| Name |
HON. ALICIA POLK
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
PASCO CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-07-07
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2015-07-07
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
CHRISTOPHER J. CHESNEY
|
|
| Docket Date |
2016-07-06
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2016-06-09
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-GRANTING APLEE'S MOTION TO DISMISS ~ In light of the circuit court's May 17, 2016, order vacating the circuit court's June 5, 2015, order that was subject to appellant's July 6, 2015, premature notice of appeal, this appeal is dismissed as moot.
|
|
| Docket Date |
2016-06-09
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ Silberman, LaRose, and Crenshaw
|
|
| Docket Date |
2016-05-19
|
| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT ~ APPENDIX TO APPELLEES' STATUS REPORT AND MOTION TO DISMISS APPEAL
|
| On Behalf Of |
J P MORGAN, NATIONAL ASSOCIATI
|
|
| Docket Date |
2016-05-19
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ APPELLEES' STATUS REPORT AND MOTION TO DISMISS APPEAL1
|
| On Behalf Of |
J P MORGAN, NATIONAL ASSOCIATI
|
|
| Docket Date |
2016-03-23
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ Appellees' March 15, 2016, status report is noted. Appellees shall file a status report on the motion for rehearing within 60 days of the date of this order, or within 10 days of entry of an order disposing of the motion for rehearing, whichever is earlier.
|
|
| Docket Date |
2016-03-15
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
J P MORGAN, NATIONAL ASSOCIATI
|
|
| Docket Date |
2016-03-15
|
| Type |
Notice
|
| Subtype |
Appendix/Attachment to Notice
|
| Description |
Appendix/Attachment to Notice ~ APPENDIX TO APPELLEES' STATUS REPORT
|
| On Behalf Of |
J P MORGAN, NATIONAL ASSOCIATI
|
|
| Docket Date |
2016-03-10
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ AS CO-COUNSEL
|
| On Behalf Of |
J P MORGAN, NATIONAL ASSOCIATI
|
|
| Docket Date |
2015-11-19
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ GAT - AE status report on motion for rehearing
|
|
| Docket Date |
2015-11-09
|
| Type |
Notice
|
| Subtype |
Appendix/Attachment to Notice
|
| Description |
Appendix/Attachment to Notice ~ APPENDIX TO APPELLEES' STATUS REPORT
|
| On Behalf Of |
J P MORGAN, NATIONAL ASSOCIATI
|
|
| Docket Date |
2015-11-09
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ **NOTED**
|
| On Behalf Of |
J P MORGAN, NATIONAL ASSOCIATI
|
|
| Docket Date |
2015-10-09
|
| Type |
Order
|
| Subtype |
Order on Motion To Abate
|
| Description |
Order Denying Motion to Abate ~ GAT-Appellees' notice of pending motion for rehearing is noted. Appellees' motion to abate appeal is denied as unnecessary, as this appeal is automatically held in abeyance pending disposition of the motion for rehearing and the trial court retains jurisdiction to rule on the motion for rehearing. See Fla. R. App. P. 9.020(i)(3) (effective January 1, 2015). Appellees shall provide this court with a status report on the motion for rehearing either within 30 days of the date of this order or within 10 days of entry of an order disposing of the motion for rehearing, whichever is earlier.
|
|
| Docket Date |
2015-10-02
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ APPELLEES' NOTICE OF PENDING MOTION FOR REHEARING
|
| On Behalf Of |
J P MORGAN, NATIONAL ASSOCIATI
|
|
| Docket Date |
2015-10-02
|
| Type |
Motions Other
|
| Subtype |
Motion To Abate
|
| Description |
Motion To Abate ~ (CONTAINED IN THE NOTICE OF PENDING MOTION FOR REHEARING)
|
| On Behalf Of |
J P MORGAN, NATIONAL ASSOCIATI
|
|
| Docket Date |
2015-09-24
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits ~ WORD
|
| On Behalf Of |
CHRISTOPHER J. CHESNEY
|
|
| Docket Date |
2015-09-21
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ POLK
|
|
| Docket Date |
2015-08-27
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-DISCHARGING SHOW CAUSE ~ GAT
|
|
| Docket Date |
2015-08-25
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ APPELLEES' REPLY TO APPELLANT'S RESPONSE TO ORDER TO SHOW CAUSE
|
| On Behalf Of |
J P MORGAN, NATIONAL ASSOCIATI
|
|
| Docket Date |
2015-08-20
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion-79 ~ GAT-to accept AA's 8-12-15 response to this court's OSC
|
|
| Docket Date |
2015-08-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ MOTION TO PERMIT LATE FILING (CONTAINED IN THE RESPONSE)
|
| On Behalf Of |
CHRISTOPHER J. CHESNEY
|
|
| Docket Date |
2015-08-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO ORDER TO SHOW CAUSE AND MOTION TO PERMIT LATE FILING
|
| On Behalf Of |
CHRISTOPHER J. CHESNEY
|
|
| Docket Date |
2015-07-16
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
J P MORGAN, NATIONAL ASSOCIATI
|
|
| Docket Date |
2015-07-15
|
| Type |
Order
|
| Subtype |
Show Cause Jurisdiction
|
| Description |
OSC nonfinal, nonappealable civil ~ **DISCHARGED**(see 8-27-15 ord)
|
|
|
|
LISA M. BENDER VS PENNYMAC CORP.
|
4D2014-2521
|
2014-07-08
|
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
2009CA022343XXXXMB
|
Parties
| Name |
LISA M. BENDER
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Scott J. Wortman, Brian K. Korte
|
|
| Name |
PENNYMAC CORP.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Nancy M. Wallace, Daniel C. Consuegra, William P. Heller, Christopher L. Hixson
|
|
| Name |
HON. HOWARD H. HARRISON
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2014-08-13
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion Supplemental Record & Eot For Brief
|
| On Behalf Of |
LISA M. BENDER
|
|
| Docket Date |
2014-08-08
|
| Type |
Order
|
| Subtype |
Order on Motion For Substitution of Counsel
|
| Description |
ORD-Grant Substitution of Counsel ~ ORDERED that pursuant to the July 31, 2014, stipulation for substitution of counsel, William P. Heller, Esq., and Nancy M. Wallace, Esq., are hereby substituted for Christopher L. Hixson, Esq., and the Law Offices of Daniel C. Consuegra, P.L., as counsel for appellee, Pennymac Corporation in the above-styled cause.
|
|
| Docket Date |
2015-03-19
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2015-03-19
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the stipulated dismissal of appeal dismissal filed March 17, 2015, this appeal is dismissed.
|
|
| Docket Date |
2015-03-17
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ **GRANTED 3/19/15** (STIPULATED)
|
| On Behalf Of |
Pennymac Corp.
|
|
| Docket Date |
2015-03-05
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Grant Stay ~ ORDERED that the appellant's motion for extension included in the status report filed March 2, 2015 is hereby granted, and the above styled appeal is hereby stayed through and including April 1, 2015.
|
|
| Docket Date |
2015-03-02
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ *AND* REQUEST THAT THE STAY REMAIN IN EFFECT
|
| On Behalf Of |
Pennymac Corp.
|
|
| Docket Date |
2014-11-03
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Grant Stay ~ ORDERED that appellee's unopposed motion filed October 30, 2014, to stay appeal during loan modification is hereby granted. Unless a notice of voluntary dismissal is filed, appellant is hereby directed to file a status report on or before March 1, 2015.
|
|
| Docket Date |
2014-10-30
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay
|
| On Behalf Of |
Pennymac Corp.
|
|
| Docket Date |
2014-09-30
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ SEVEN (7) VOLUMES
|
|
| Docket Date |
2014-09-29
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ RECORD AND TRANSCRIPT WILL BE FILED BY THE CIRCUIT COURT TOMORROW ON 9/30/14 AND APLNT. WILL FILE THE INITIAL BRIEF WITHIN 30 DAYS THEREOF
|
| On Behalf Of |
LISA M. BENDER
|
|
| Docket Date |
2014-08-19
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Grant Supplemental ROA & EOT for Brief ~ ORDERED that appellant's unopposed motion filed August 13, 2014, to supplement the record and for extension of time is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemented material in this court within twenty (20) days from the date of this order. Appellant shall monitor the supplementation process. Further,ORDERED that appellants shall serve the initial brief within thirty (30) days from receipt of the supplemental record.
|
|
| Docket Date |
2014-07-31
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion For Substitution of Counsel
|
| Description |
Motion For Substitution of Counsel ~ (STIPULATED)
|
| On Behalf Of |
Pennymac Corp.
|
|
| Docket Date |
2014-07-25
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Pennymac Corp.
|
|
| Docket Date |
2014-07-16
|
| Type |
Order
|
| Subtype |
Order to Register/Update eDCA
|
| Description |
Counsel to register with eDCA ~ Be advised that Daniel C. Consuegra has failed to comply with this Court¿s Administrative Order No. 2013-01, requiring counsel of record to register with the Fourth District Court of Appeal¿s electronic filing system to receive electronic copies of court communications, including but not limited to orders.You are further advised that to receive all communications from this Court in electronic form you must register at www.4dca.org or https://edca.4dca.org.Unless you obtain a hardship waiver of the registration requirement the Clerk of the Court shall cease mailing paper copies of all communications from the Court to you after ten (10) days from the date of this order.Paper copies can be obtained by completing a Copy Request Form located at www.4dca.org.AMERICANS WITH DISABILITIES ACT: If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, the provision of certain assistance. Please contact the Marshal, Daniel DiGiacomo, 4th District Court of Appeal, 1525 Palm Beach Lakes Blvd., West Palm Beach, Florida 33401, telephone (561)242-2000; 1-800-955-8771(TDD): or 1-800-955-8770(V) via Florida Relay Service, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
|
|
| Docket Date |
2014-07-14
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement ~ AA Brian K. Korte 0129690
|
|
| Docket Date |
2014-07-11
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2014-07-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
LISA M. BENDER
|
|
| Docket Date |
2014-07-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
LUZ MARIANA DONADO and OSCAR DONADO VS PENNYMAC CORP.
|
4D2014-1383
|
2014-04-14
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE10017106(11)
|
Parties
| Name |
LUZ MARIANA DONADO
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
VESTALIA AYLSWORTH
|
|
| Name |
OSCAR DONADO
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PENNYMAC CORP.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
PHELAN HALLINAN PLLC, Ryan D. O'Connor, William P. Heller, Nancy M. Wallace, CELIA C. FALZONE
|
|
| Name |
Hon. Cynthia Gelmine Imperato
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-10-30
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2015-10-12
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2015-10-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc ~ ORDERED that the appellee's September 3, 2015 motion for rehearing, rehearing en banc and certification is denied.
|
|
| Docket Date |
2015-09-03
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc ~ *AND* CERTIFICATION
|
| On Behalf Of |
Pennymac Corp.
|
|
| Docket Date |
2015-09-03
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION FOR REHEARING/REHEARING EN BANC, ETC.
|
| On Behalf Of |
Pennymac Corp.
|
|
| Docket Date |
2015-08-19
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion
|
|
| Docket Date |
2014-12-12
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Pennymac Corp.
|
|
| Docket Date |
2014-11-21
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
Received Exhibits
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2014-11-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 12/29/14
|
| On Behalf Of |
Pennymac Corp.
|
|
| Docket Date |
2014-11-20
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Pennymac Corp.
|
|
| Docket Date |
2014-11-20
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ TWO (2) VOLUMES
|
|
| Docket Date |
2014-11-04
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
LUZ MARIANA DONADO
|
|
| Docket Date |
2014-10-01
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ TO 11/03/14
|
| On Behalf Of |
LUZ MARIANA DONADO
|
|
| Docket Date |
2014-09-05
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ TO 10/01/14
|
| On Behalf Of |
LUZ MARIANA DONADO
|
|
| Docket Date |
2014-08-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ TO 9/7/14
|
| On Behalf Of |
LUZ MARIANA DONADO
|
|
| Docket Date |
2014-06-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
LUZ MARIANA DONADO
|
|
| Docket Date |
2014-06-12
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ PHYSICAL ADDRESS AND EMAIL
|
| On Behalf Of |
LUZ MARIANA DONADO
|
|
| Docket Date |
2014-06-09
|
| Type |
Order
|
| Subtype |
Show Cause re Compliance with Prior Order
|
| Description |
Order to Show Cause-Appeal Dismissal ~ ORDERED that appellants are directed to show cause, within ten (10) days from the date of this order, why the above-styled case should not be dismissed or other sanctions imposed for failure to comply with this court's April 21, 2014, order.
|
|
| Docket Date |
2014-05-02
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, 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. 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. 4DCA 1997). Failure of the attorney to pay will result in referral to the Florida Department of Banking and Finance 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 |
2014-04-23
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Pennymac Corp.
|
|
| Docket Date |
2014-04-21
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2014-04-21
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Order Requiring Amended Certificate Service ~ ORDERED that appellant shall file, within five (5) days of the date of this order, a notice containing the physical address of every party in the certificate of service.The physical address of any attorney or party served with any pleading filed in this court must be provided along with any email address of that party used for service. See this Court¿s Notice to Attorneys and Parties, paragraph 3. The physical address of persons served shall be listed below the certificate of service.
|
|
| Docket Date |
2014-04-14
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
LUZ MARIANA DONADO
|
|
| Docket Date |
2014-04-14
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
