|
ZAID ALI, Appellant(s) v. FIRST AMERICAN BANK, et al., Appellee(s).
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4D2024-0683
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2024-03-15
|
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
502023CA011152
|
Parties
| Name |
Zaid Ali
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Mohammad Zohdi Shair
|
|
| Name |
Heba Abo Tobeh
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FIRST AMERICAN BANK
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Dennis Michael Campbell
|
|
| Name |
Mazin Abualhuda
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LOANDEPOT.COM, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Charles Porter Gufford
|
|
| Name |
SATURNIA ISLES HOMEOWNERS ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Carolyn Ruth Bell
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-04-25
|
| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
| View |
View File
|
|
| Docket Date |
2024-04-11
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Dismissed
|
| View |
View File
|
|
| Docket Date |
2024-04-11
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing
|
|
| Docket Date |
2024-03-28
|
| Type |
Order
|
| Subtype |
Abeyance Order
|
| Description |
Abeyance Order
|
| View |
View File
|
|
| Docket Date |
2024-03-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-03-15
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2024-03-15
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| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
|
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LAURENCE S. SCHNEIDER VS FIRST AMERICAN BANK, as successor by merger to BANK OF CORAL GABLES, LLC, et al.
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4D2022-2775
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2022-10-13
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Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502016CA009292
|
Parties
| Name |
Laurence S. Schneider
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Martin McCarthy, Emre Yersel
|
|
| Name |
BANK OF CORAL GABLES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Stephanie L. Schneider
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FIRST AMERICAN BANK
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Meaghan E. Murphy, John W. Keller III
|
|
| Name |
Hon. Samantha Schosberg Feuer
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-06-08
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that the appellee's January 19, 2023 motion for attorney's fees is granted. On remand, the trial court shall set the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
|
|
| Docket Date |
2023-06-08
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| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ ORDERED that Appellant’s appeal is dismissed for lack of jurisdiction. Appellant’s subject motion was the third rule 1.540(b) motion advanced in the trial court based upon grounds known to Appellant in 2017. Therefore, this Court lacks jurisdiction to review Appellant’s successive motion. See Perez v. Saima Grp. Corp., 347 So. 3d 421, 422 (Fla. 3d DCA 2022) (“We are compelled to dismiss the appeal because we lack appellate jurisdiction to review an order denying a successive rule 1.540(b) motion where, as here, the grounds asserted in the successive motion were known to the movant at the time the movant filed the first rule 1.540(b) motion.”); Intercoastal Marina Towers, Inc. v. Suburban Bank, 506 So. 2d 1177, 1179 (Fla. 4th DCA 1987) (noting timely appeal is proper remedy for dissatisfaction with trial court ruling on rule 1.540(b) motion—not “successive motions to vacate containing the same general grounds or even new ones, which could have been raised in the first motion”). Further,ORDERED that in light of the dismissal of Appellant’s direct appeal from the order denying a successive rule 1.540(b) motion, which is expressly prohibited, Appellee’s cross-appeal is rendered moot.DAMOORGIAN, LEVINE and KUNTZ, JJ., concur.
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| Docket Date |
2023-04-05
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| Type |
Order
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| Subtype |
Order Dispensing with Oral Argument
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| 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.
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| Docket Date |
2023-02-28
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| Type |
Brief
|
| Subtype |
Cross-Reply Brief
|
| Description |
Appellee/Cross-Appellant's Reply Brief
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| On Behalf Of |
First American Bank
|
|
| Docket Date |
2023-02-13
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Laurence S. Schneider
|
|
| Docket Date |
2023-02-10
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| 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 February 8, 2023 motion for extension of time is granted, and appellant shall serve the reply brief on or before February 13, 2023. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2023-02-08
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
Laurence S. Schneider
|
|
| Docket Date |
2023-02-03
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| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
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| Description |
Recognizing Agreed Extension of Time ~ 5 DAYS TO 2/8/23
|
|
| Docket Date |
2023-02-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
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| On Behalf Of |
Laurence S. Schneider
|
|
| Docket Date |
2023-01-19
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| Type |
Motions Relating to Attorney Fees/Costs
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| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
First American Bank
|
|
| Docket Date |
2023-01-06
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| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellees/cross-appellants' amended appendix to the answer/cross-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 contains no bookmarks as required by Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
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|
| Docket Date |
2023-01-06
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| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
First American Bank
|
|
| Docket Date |
2023-01-05
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| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ ***STRICKEN***
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| On Behalf Of |
First American Bank
|
|
| Docket Date |
2023-01-05
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| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellees/cross-appellants' appendix to the answer/cross-initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, and was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index. 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 |
2023-01-04
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ ***STRICKEN***
|
| On Behalf Of |
First American Bank
|
|
| Docket Date |
2023-01-04
|
| Type |
Motions Relating to Oral Argument
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| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
First American Bank
|
|
| Docket Date |
2023-01-04
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
First American Bank
|
|
| Docket Date |
2022-12-06
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Denying Aplee's Motion to Dismiss ~ Upon consideration of appellant’s November 9, 2022 response, it isORDERED that appellee’s October 26, 2022 motion to dismiss is denied, without prejudice to raising arguments as to whether the underlying motion to set aside final judgment of foreclosure was a successive, unauthorized motion in responsive briefing. Further,ORDERED that appellee/cross-appellant, First American Bank’s November 30, 2022 motion for clarification is granted. Appellee/cross-appellant shall file the answer/cross-initial 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.
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| Docket Date |
2022-11-30
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| Type |
Post-Disposition Motions
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| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification
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| On Behalf Of |
First American Bank
|
|
| Docket Date |
2022-11-17
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| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ ***AMENDED***
|
| On Behalf Of |
Laurence S. Schneider
|
|
| Docket Date |
2022-11-15
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellant's amended appendix to the initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not completely text searchable, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and contains bookmarks which are not in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
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| Docket Date |
2022-11-10
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ ***STRICKEN*****AMENDED**
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| On Behalf Of |
Laurence S. Schneider
|
|
| Docket Date |
2022-11-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO DISMISS
|
| On Behalf Of |
Laurence S. Schneider
|
|
| Docket Date |
2022-11-08
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellant's appendix to the initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not completely text searchable, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and contains bookmarks which are not in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
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| Docket Date |
2022-11-07
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| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ ***STRICKEN***
|
| On Behalf Of |
Laurence S. Schneider
|
|
| Docket Date |
2022-11-04
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Laurence S. Schneider
|
|
| Docket Date |
2022-11-04
|
| 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 November 2, 2022 and November 3, 2022 motions for extension of time are granted, and appellant shall serve the initial brief within one (1) day 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.
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| Docket Date |
2022-11-03
|
| 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 |
Laurence S. Schneider
|
|
| Docket Date |
2022-11-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Laurence S. Schneider
|
|
| Docket Date |
2022-10-28
|
| Type |
Misc. Events
|
| Subtype |
Cross-Notice Filing Fee Paid through Portal
|
| Description |
CROSS NOTICE FILING FEE PAID THROUGH PORTAL
|
| On Behalf Of |
First American Bank
|
|
| Docket Date |
2022-10-28
|
| Type |
Notice
|
| Subtype |
Notice of Cross Appeal
|
| Description |
Notice of Cross Appeal
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-10-28
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay filing Fee - Cross-Appeal - 10 days ~ A Notice of Cross-Appeal was filed in the lower tribunal on October 27, 2022. The $295.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(b), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellee/cross-appellant shall pay the $295.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of the entry of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of the cross-appeal 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 cross-appeal has a duty to tender the filing fee to the appellate court when the cross-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.
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| Docket Date |
2022-10-26
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| Type |
Motions Other
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| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
First American Bank
|
|
| Docket Date |
2022-10-26
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO DISMISS
|
| On Behalf Of |
First American Bank
|
|
| Docket Date |
2022-10-18
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~
|
|
| Docket Date |
2022-10-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-10-13
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-10-13
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ Filing Fee Paid Through Portal
|
| On Behalf Of |
Laurence S. Schneider
|
|
| Docket Date |
2023-06-29
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORD-Amended Order ~ ORDERED that this court's June 27, 2023 order is amended as follows: ORDERED that appellant's June 22, 2023 motion for extension of time is granted, and the time in which to file motions pursuant to Florida Rule of Appellate Procedure 9.330(a) is extended to and including June 29, 2023.
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| Docket Date |
2023-06-27
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant's June 22, 2023 motion for extension of time is granted, and the time in which to file motions pursuant to Florida Rule of Appellate Procedure 9.330(a) is extended to and including July 29, 2023.
|
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| Docket Date |
2023-06-22
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
Laurence S. Schneider
|
|
| Docket Date |
2023-06-08
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2023-07-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant's June 29, 2023 motion for extension of time is granted, and the time in which to file motions pursuant to Florida Rule of Appellate Procedure 9.330(a) is extended seven (7) days from the date of this order.
|
|
| Docket Date |
2023-06-29
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO FILE MOTION PURSUANT TO FLA. R. APP. PRO. R. 9.330(a)
|
| On Behalf Of |
Laurence S. Schneider
|
|
|
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FIRST AMERICAN BANK, ETC. VS STEPHANIE L. SCHNEIDER, ET AL.
|
SC2022-0727
|
2022-05-31
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
4D21-571
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502016CA009292XXXXMB
|
Parties
| Name |
FIRST AMERICAN BANK
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Dinah Stein, John W. Keller III, Mark Hicks, Sheyla Mesa
|
|
| Name |
Stephanie L. Schneider
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Martin G. McCarthy, Emre Yersel
|
|
| Name |
Laurence S. Schneider
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Samantha Schosberg Feuer
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Joseph Abruzzo
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-09-08
|
| Type |
Disposition
|
| Subtype |
Rev DY Lack Juris
|
| Description |
DISP-REV DY LACK JURIS ~ This cause having heretofore been submitted to the Court on jurisdictional briefs and portions of the record deemed necessary to reflect jurisdiction under Article V, Section 3(b), Florida Constitution, and the Court having determined that it should decline to accept jurisdiction, it is ordered that the petition for review is denied.No motion for rehearing will be entertained by the Court. See Fla. R. App. P. 9.330(d)(2).
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| View |
View File
|
|
| Docket Date |
2022-07-14
|
| Type |
Brief
|
| Subtype |
Appendix-Juris
|
| Description |
APPENDIX-JURIS BRIEF ~ Appendix to Respondent's Amended Answer to Petitioner's Jurisdictional Brief
|
| On Behalf Of |
Stephanie L. Schneider
|
| View |
View File
|
|
| Docket Date |
2022-07-07
|
| Type |
Order
|
| Subtype |
Brief/Appendix Stricken (Non-Compliance)
|
| Description |
ORDER-BRIEF STRICKEN (NON-COMPLIANCE) ~ Respondent's jurisdictional brief, which was filed with this Court on July 6, 2022, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Respondent is hereby directed, on or before July 14, 2022, to file an amended answer brief which shall contain, in the following order: a cover sheet, a table of contents, a table of citations, a statement of the issues, a statement of the case and of the facts, an argument, a conclusion, and include a certificate of compliance which immediately follows the certificate of service. The brief must not exceed 2,500 words. The table of contents and citations, the statement of the issues, the certificates of service and compliance, and the signature block for the brief's author shall be excluded from the computation. The appendix, if filed, shall contain only a copy of the opinion or order of the district court of appeal to be reviewed.
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| View |
View File
|
|
| Docket Date |
2022-07-06
|
| Type |
Brief
|
| Subtype |
Juris Answer
|
| Description |
JURIS ANSWER BRIEF ~ Respondent's Response to Petitioner's Jurisdictional Brief with appendix Stricken 7/7/2022 for non-compliance. Brief exceeds maximum word count.
|
| On Behalf Of |
Stephanie L. Schneider
|
| View |
View File
|
|
| Docket Date |
2022-06-06
|
| Type |
Brief
|
| Subtype |
Juris Initial
|
| Description |
JURIS INITIAL BRIEF ~ Petitioner's Jurisdictional Brief with appendix
|
| On Behalf Of |
First American Bank
|
| View |
View File
|
|
| Docket Date |
2022-06-02
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
|
| Docket Date |
2022-06-02
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
PAY CASE FILING FEE-300
|
| On Behalf Of |
First American Bank
|
| View |
View File
|
|
| Docket Date |
2022-06-01
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE
|
| View |
View File
|
|
| Docket Date |
2022-05-31
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
|
| On Behalf Of |
First American Bank
|
| View |
View File
|
|
| Docket Date |
2022-05-31
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
LAURENCE S. SCHNEIDER and STEPHANIE L. SCHNEIDER VS FIRST AMERICAN BANK, etc.
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4D2021-0571
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2021-01-25
|
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
502016CA009292
|
Parties
| Name |
Laurence S. Schneider
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Martin McCarthy
|
|
| Name |
Stephanie L. Schneider
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FIRST AMERICAN BANK
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Aleksandra Novakovich Gonzalez, John W. Keller III, Geoffrey M. Cahen, Sheyla Mesa
|
|
| Name |
BANK OF CORAL GABLES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Oaks at Boca Raton
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Samantha Schosberg Feuer
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
FLORIDA SUPREME COURT CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-09-09
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Miscellaneous
|
| Description |
Supreme Court Disposition ~ SC22-727
|
|
| Docket Date |
2022-06-01
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Ack. Receipt from Supreme Court ~ SC22-727
|
|
| Docket Date |
2022-05-31
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice of Discretionary Jurisdiction to Supreme Court
|
| On Behalf Of |
First American Bank
|
|
| Docket Date |
2022-05-31
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice sent to the Supreme Court
|
|
| Docket Date |
2022-05-20
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-04-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc ~ ORDERED that appellee's March 22, 2022 motion for rehearing and rehearing en banc is denied.
|
|
| Docket Date |
2022-04-28
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-04-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Laurence S. Schneider
|
|
| Docket Date |
2022-03-22
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc
|
| On Behalf Of |
First American Bank
|
|
| Docket Date |
2022-03-09
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that appellee’s August 16, 2021 motion for attorneys’ fees is denied.
|
|
| Docket Date |
2022-03-09
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion
|
|
| Docket Date |
2022-01-04
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice
|
| On Behalf Of |
First American Bank
|
|
| Docket Date |
2021-12-07
|
| 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 |
2021-11-18
|
| Type |
Brief
|
| Subtype |
Amended Reply Brief
|
| Description |
Amended Appellant's Reply Brief
|
| On Behalf Of |
Laurence S. Schneider
|
|
| Docket Date |
2021-11-12
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 7 DAYS TO 11/18/21.
|
|
| Docket Date |
2021-11-10
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
Laurence S. Schneider
|
|
| Docket Date |
2021-11-01
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Grant Motion to Strike ~ ORDERED that appellee’s October 5, 2021 motion to strike is granted, and the reply brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.210 in that it contains argument raised for the first time that were not previously raised in the initial brief and that are not raised in rebuttal to arguments in the answer brief. See Fla. R. App. P. 9.210(d); Hoskins v. State, 75 So. 3d 250, 257 (Fla. 2011). An amended brief in compliance with the rules shall be filed within ten (10) days from the date of this order.
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|
| Docket Date |
2021-10-07
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Laurence S. Schneider
|
|
| Docket Date |
2021-10-05
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
First American Bank
|
|
| Docket Date |
2021-09-24
|
| 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 September 22, 2021 and September 23, 2021 motions for extension of time are granted, and the reply brief filed September 24, 2021 is deemed timely filed.
|
|
| Docket Date |
2021-09-24
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ **STRICKEN**
|
| On Behalf Of |
Laurence S. Schneider
|
|
| Docket Date |
2021-09-23
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF NON-OBJECTION TO APPELLANT'S MOTION FOR EXTENSION OF TIME TO SERVE REPLY BRIEF
|
| On Behalf Of |
Laurence S. Schneider
|
|
| Docket Date |
2021-09-23
|
| 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 |
Laurence S. Schneider
|
|
| Docket Date |
2021-09-22
|
| 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 |
Laurence S. Schneider
|
|
| Docket Date |
2021-09-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
Laurence S. Schneider
|
|
| Docket Date |
2021-09-03
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 9/22/21.
|
|
| Docket Date |
2021-08-16
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
First American Bank
|
|
| Docket Date |
2021-08-06
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
First American Bank
|
|
| Docket Date |
2021-08-06
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
First American Bank
|
|
| Docket Date |
2021-07-13
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
Grant Motion Serve Amended Brief ~ ORDERED that this court’s June 21, 2021 order is vacated. Further,ORDERED that appellants’ July 9, 2021 motion to serve an amended brief is granted and the amended initial brief is deemed timely filed as of the date of this order. Further,ORDERED that appellee’s July 7, 2021 motion for extension of time is denied as moot.
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|
| Docket Date |
2021-07-13
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief
|
| On Behalf Of |
Laurence S. Schneider
|
|
| Docket Date |
2021-07-09
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief
|
| On Behalf Of |
Laurence S. Schneider
|
|
| Docket Date |
2021-07-07
|
| 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 |
First American Bank
|
|
| Docket Date |
2021-06-21
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ **VACATED** ORDERED that appellant's June 9, 2021 amended brief is stricken without prejudice to filing a motion for leave to file an amended initial brief.
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|
| Docket Date |
2021-06-08
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ **AMENDED INITIAL BRIEF FILED**
|
| On Behalf Of |
Laurence S. Schneider
|
|
| Docket Date |
2021-06-04
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Laurence S. Schneider
|
|
| Docket Date |
2021-06-04
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 4 DAYS TO 6/8/21.
|
|
| Docket Date |
2021-06-02
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 2 DAYS TO 6/4/21.
|
|
| Docket Date |
2021-06-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Laurence S. Schneider
|
|
| Docket Date |
2021-05-13
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-Discharging Show Cause ~ ORDERED that, this court's May 12, 2021 order to show cause is discharged.
|
|
| Docket Date |
2021-05-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Laurence S. Schneider
|
|
| Docket Date |
2021-05-12
|
| 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 May 24, 2021, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellant's initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
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|
| Docket Date |
2021-05-11
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 20 DAYS TO 6/2/21.
|
|
| Docket Date |
2021-05-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Laurence S. Schneider
|
|
| Docket Date |
2021-04-15
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (9725 PAGES)
|
| On Behalf Of |
Hon. Samantha Schosberg Feuer
|
|
| Docket Date |
2021-03-22
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Denying Aplee's Motion to Dismiss ~ Upon consideration of appellant’s March 1, 2021 response, it is ORDEREDthat appellee’s February 12, 2021 motion to dismiss is denied.
|
|
| Docket Date |
2021-03-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO DISMISS.
|
| On Behalf Of |
Laurence S. Schneider
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|
| Docket Date |
2021-02-16
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| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellants’ February 15, 2021 response is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service or the certificate of service does not comply in substance with the requirements of Florida Rule of Judicial Administration 2.516(f).
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|
| Docket Date |
2021-02-16
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| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ **AMENDED** BRIEF ON JURISDICTION
|
| On Behalf Of |
Laurence S. Schneider
|
|
| Docket Date |
2021-02-15
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| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO RESPONSE.
|
| On Behalf Of |
Laurence S. Schneider
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|
| Docket Date |
2021-02-15
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| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ **STRICKEN** BRIEF ON JURISDICTION
|
| On Behalf Of |
Laurence S. Schneider
|
|
| Docket Date |
2021-02-12
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO DISMISS.
|
| On Behalf Of |
First American Bank
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|
| Docket Date |
2021-02-12
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
First American Bank
|
|
| Docket Date |
2021-02-02
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| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF CHANGING ATTORNEY WITHIN THESAME FIRM
|
| On Behalf Of |
Laurence S. Schneider
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|
| Docket Date |
2021-02-01
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
First American Bank
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|
| Docket Date |
2021-01-27
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| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-01-27
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
ORD-For Untimely Filing of Notice of Appeal-LT ~ The court has received the Notice of Appeal in the above-styled case and finds, from the face of the Notice, that the appeal appears to be untimely filed. The Notice was filed in this court on January 25, 2021 and the Notice reflects September 22, 2020 as the date of the order being appealed.ORDERED that appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order(s) being appealed and any subsequent orders which tolled the time for the filing of the Notice of Appeal. Said orders must reflect the time/date stamp so that timeliness can be determined.ORDERED that failure to comply with this order will result in the sua sponte dismissal of the above-styled case as being an untimely appeal.
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| Docket Date |
2021-01-25
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
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|
| Docket Date |
2021-01-25
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| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ **FILING FEE PAID ELECTRONICALLY**
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| On Behalf Of |
Laurence S. Schneider
|
|
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LAURENCE S. SCHNEIDER and STEPHANIE L. SCHNEIDER VS FIRST AMERICAN BANK, as Successor by merger to BANK OF CORAL GABLES, LLC
|
4D2020-0709
|
2020-03-12
|
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
502016CA009292
|
Parties
| Name |
Laurence S. Schneider
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Stephanie L. Schneider
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
BANK OF CORAL GABLES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FIRST AMERICAN BANK
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Henry H Bolz III, Aleksandra Novakovich Gonzalez, John W. Keller III
|
|
| Name |
Hon. Lisa S. Small
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-09-03
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2020-09-03
|
| 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.
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|
| Docket Date |
2020-08-24
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF INABILITY TO TRANSMIT RECORD ON APPEAL
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2020-08-18
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ 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 this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that 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 |
2020-07-30
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ ORDERED that appellee's July 28, 2020 “motion to maintain schedule on appeal” is granted. Appellants shall file the initial brief as set forth in this court’s June 19, 2020 order.
|
|
| Docket Date |
2020-07-28
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ MOTION TO MAINTAIN SCHEDULE ON APPEAL
|
| On Behalf Of |
First American Bank
|
|
| Docket Date |
2020-06-19
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ ORDERED that appellees’ June 18, 2020 “motion to confirm schedule on appeal” is granted in part. The clerk of the lower tribunal shall prepare the record prescribed by Florida Rule of Appellate Procedure 9.200 and serve copies of the index on all parties by no later than July 23, 2020. Appellants shall file the initial brief by no later than August 12, 2020. The clerk of the lower tribunal shall file the record on appeal by no later than September 21, 2020. All other deadlines are as set forth in the Florida Rules of Appellate Procedure.
|
|
| Docket Date |
2020-06-18
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF CHANGE OF FIRM AND EMAIL DESIGNATION
|
| On Behalf Of |
First American Bank
|
|
| Docket Date |
2020-06-18
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO CONFIRM SCHEDULE ON APPEAL
|
| On Behalf Of |
First American Bank
|
|
| Docket Date |
2020-05-20
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-Withdraw as Counsel ~ ORDERED that the April 28, 2020 motion of Wyman Legal Solutions, by and through Andrew D. Wyman, Esq., and Rodman Employment Law, by and through Charles F. Rodman, Esq., counsel for Laurence and Stephanie Schneider, to withdraw as counsel is granted. Accordingly, it isORDERED that (1) this appeal is stayed for twenty (20) days from the date of this order so that new counsel, if desired, may be obtained;(2) this stay will be automatically lifted if substitute counsel files a notice of appearance prior to the end of the 20 day abatement period;(3) if no counsel has filed a notice of appearance within twenty (20) days, all filings shall be sent to Laurence and Stephanie Schneider at the address appearing below; 17685 Circle Pond CourtBoca Raton, FL 33496(4) if substitute counsel does not appear within twenty (20) days from the date of this order, Laurence and Stephanie Schneider are advised that the case will move forward after the abatement period and compliance with the Florida Rules of Appellate Procedure and the rules of this court is required. Failure to comply with the rules may result in dismissal or other sanctions.
|
|
| Docket Date |
2020-04-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO WITHDRAW AS COUNSEL FOR APPELLANTS
|
| On Behalf Of |
First American Bank
|
|
| Docket Date |
2020-04-28
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
Laurence S. Schneider
|
|
| Docket Date |
2020-04-27
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ WITH ORDER DENYING MOTION FOR RECONSIDERATION ATTACHED
|
| On Behalf Of |
Laurence S. Schneider
|
|
| Docket Date |
2020-04-17
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ Upon consideration of appellants' April 15, 2020 status report, it is ORDERED that the circuit court is directed to file a status report, within ten (10) days from the date of this order, regarding the progress being made toward disposition of appellants' motion for reconsideration.
|
|
| Docket Date |
2020-04-15
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Laurence S. Schneider
|
|
| Docket Date |
2020-03-26
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Laurence S. Schneider
|
|
| Docket Date |
2020-03-17
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| Type |
Order
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| Subtype |
Order re Stay
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| Description |
ORD-Case Stayed ~ This court notes that a motion for reconsideration, filed in the circuit court on February 20, 2020, remains pending. ORDERED that the above-styled case is stayed until the circuit court disposes of the motion for reconsideration and appellant files a copy of the order in this court. On that date, the stay will be automatically lifted, and the briefing schedule shall run from that date. See Fla. R. App. P. 9.020(h)(2)(C). If the circuit court has not entered an order disposing of the motion within thirty (30) days from the date of this order, appellants shall file a status report with this court as to the progress being made towards disposition of the motion.
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|
| Docket Date |
2020-03-13
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
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| 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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|
| Docket Date |
2020-03-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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|
| Docket Date |
2020-03-12
|
| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
FP:Fee Paid Through Portal
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|
| Docket Date |
2020-03-12
|
| Type |
Notice
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| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
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| On Behalf Of |
Laurence S. Schneider
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