Wells Fargo Bank, N.A., Petitioner(s) v. Asset Recovery, Inc., Respondent(s)
|
SC2023-1780
|
2023-12-29
|
Closed
|
|
Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
Court |
Supreme Court of Florida
|
Originating Court |
6th District Court of Appeal
6D2023-0282;
|
Parties
Name |
Wells Fargo Bank, N.A.
|
Role |
Petitioner
|
Status |
Active
|
Representations |
Adam Grant Schwartz, Eric Marc Levine, Ileen Jill Cantor, Ronald Matthew Gache
|
|
Name |
ASSET RECOVERY INC
|
Role |
Respondent
|
Status |
Active
|
Representations |
Michael Justus Farrar
|
|
Name |
Hon. Joseph Cardwell Fuller, Jr.
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
6DCA Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
Lee Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2023-12-29
|
Type |
Brief
|
Subtype |
Juris Initial
|
Description |
Petitioner's Brief on Jurisdiction
|
On Behalf Of |
Wells Fargo Bank, N.A.
|
View |
View File
|
|
Docket Date |
2024-06-12
|
Type |
Disposition
|
Subtype |
Rev DY Lack Juris
|
Description |
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).
|
View |
View File
|
|
Docket Date |
2024-01-02
|
Type |
Brief
|
Subtype |
Juris Answer
|
Description |
Jurisdictional Brief of Respondent-Appellant Asset Recovery Inc.
|
On Behalf Of |
Asset Recovery, Inc.
|
View |
View File
|
|
Docket Date |
2023-12-29
|
Type |
Event
|
Subtype |
Fee Paid Through Portal
|
Description |
Fee Paid Through Portal
|
|
Docket Date |
2023-12-29
|
Type |
Miscellaneous Document
|
Subtype |
Pay Case Filing Fee-300
|
Description |
Pay Case Filing Fee-300
|
On Behalf Of |
Wells Fargo Bank, N.A.
|
View |
View File
|
|
Docket Date |
2023-12-29
|
Type |
Letter-Case
|
Subtype |
Acknowledgment Letter-New Case
|
Description |
Acknowledgment Letter-New Case - Filing Fee Due
|
View |
View File
|
|
Docket Date |
2023-12-29
|
Type |
Notice
|
Subtype |
Invoke Discretionary Jurisdiction
|
Description |
Notice to Invoke Discretionary Jurisdiction
|
On Behalf Of |
Wells Fargo Bank, N.A.
|
View |
View File
|
|
|
Asset Recovery Inc., Appellant(s) v. Escambia County, Appellee(s).
|
1D2023-3277
|
2023-12-21
|
Open
|
|
Classification |
NOA Final - County Civil - Other
|
Court |
1st District Court of Appeal
|
Originating Court |
County Court for the First Judicial Circuit, Escambia County
2023 CC 005300
|
Parties
Name |
Escambia County
|
Role |
Appellee
|
Status |
Active
|
Representations |
Christopher Ripken Shaffer
|
|
Name |
Hon. Kerra Smith
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Escambia Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
ASSET RECOVERY INC
|
Role |
Appellant
|
Status |
Active
|
Representations |
Michael Justus Farrar
|
|
Docket Entries
Docket Date |
2024-06-05
|
Type |
Order
|
Subtype |
Order on Motion/Request for Oral Argument
|
Description |
Order on Motion/Request for Oral Argument
|
View |
View File
|
|
Docket Date |
2024-04-08
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Motion/Request for Oral Argument
|
On Behalf Of |
Asset Recovery Inc.
|
|
Docket Date |
2024-04-08
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Reply Brief
|
On Behalf Of |
Asset Recovery Inc.
|
View |
View File
|
|
Docket Date |
2024-03-18
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Answer Brief
|
On Behalf Of |
Escambia County
|
View |
View File
|
|
Docket Date |
2024-02-12
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time - AB 20 days
|
On Behalf Of |
Escambia County
|
|
Docket Date |
2024-01-24
|
Type |
Misc. Events
|
Subtype |
Docketing Statement
|
Description |
Docketing Statement
|
On Behalf Of |
Asset Recovery Inc.
|
|
Docket Date |
2024-01-18
|
Type |
Record
|
Subtype |
Record on Appeal Redacted
|
Description |
Record on Appeal Redacted-136 pages
|
|
Docket Date |
2024-01-02
|
Type |
Event
|
Subtype |
Fee Satisfied
|
Description |
Fee Satisfied
|
|
Docket Date |
2023-12-27
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Order on Filing Fee
|
View |
View File
|
|
Docket Date |
2023-12-21
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
View |
View File
|
|
Docket Date |
2023-12-20
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal-order appealed attached
|
On Behalf Of |
Asset Recovery Inc.
|
|
Docket Date |
2024-02-05
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief
|
On Behalf Of |
Asset Recovery Inc.
|
View |
View File
|
|
Docket Date |
2024-01-24
|
Type |
Order
|
Subtype |
Amended/Additional Filing(s) Needed
|
Description |
Amended/Additional Filing(s) Needed-need docketing statement
|
View |
View File
|
|
|
Amerifund Equity Group, Appellant(s), v. Reverse Mortgage Funding, LLC, The Estate of Betty Joe McLaren, Kim Ellen Ruckle, and Iva Johnson A/K/A Iva L. Buckans-Johnson, Appellee(s).
|
5D2023-1955
|
2023-06-06
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
5th District Court of Appeal
|
Originating Court |
Circuit Court for the Fourth Judicial Circuit, Duval County
2020-CA-4842
|
Parties
Name |
AMERIFUND EQUITY GROUP LLC
|
Role |
Appellant
|
Status |
Active
|
Representations |
Kevin J. Loftus
|
|
Name |
Iva Johnson
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Kim Ellen Ruckle
|
Role |
Appellee
|
Status |
Active
|
|
Name |
ASSET RECOVERY INC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Estate of Betty Jo McLaren
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Aaron K. Bowden
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Circuit Court Duval
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
REVERSE MORTGAGE FUNDING LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Richard M. Georges, Hastings Jones, Michael Farrar, Cherry Shaw Pollock, Dariel Abrahamy
|
|
Docket Entries
Docket Date |
2024-08-07
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing En Banc
|
Description |
Motion for Rehearing En Banc and Written Opinion and Certification
|
On Behalf Of |
Amerifund Equity Group
|
|
Docket Date |
2024-11-05
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
View |
View File
|
|
Docket Date |
2024-11-05
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2024-10-15
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing and Rehearing En Banc
|
Description |
Order on Motion for Rehearing and Rehearing En Banc; MOT WRITTEN OPIN/CERTIFICATION DENIED; MOT REHEAR EN BANC DENIED
|
View |
View File
|
|
Docket Date |
2024-07-23
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
PER CURIAM AFFIRMED
|
View |
View File
|
|
Docket Date |
2024-01-09
|
Type |
Notice
|
Subtype |
Notice
|
Description |
NOTICE OF PANEL ASSIGNMENT
|
|
Docket Date |
2023-12-13
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
Amerifund Equity Group
|
|
Docket Date |
2023-11-28
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
Description |
Order Grant EOT Reply Brief ~ MOT GRANTED; RB BY 12/12
|
|
Docket Date |
2023-11-27
|
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 |
Amerifund Equity Group
|
|
Docket Date |
2023-11-22
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Denied for Non-Service on Client ~ AA W/IN 5 DYS FILE AMENDED MOT EOT
|
|
Docket Date |
2023-11-22
|
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 |
Amerifund Equity Group
|
|
Docket Date |
2023-10-11
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ 56 PAGES
|
On Behalf Of |
Circuit Court Duval
|
|
Docket Date |
2023-09-29
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
Order Granting Motion to Supplement the Record ~ BY 10/23; AB W/I 10 DAYS
|
|
Docket Date |
2023-09-07
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Amerifund Equity Group
|
|
Docket Date |
2023-08-22
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Grant EOT for Initial Brief ~ RESPONSE ACKNOWLEDGED; CONCURRENT MOT EOT GRANTED; IB W/IN 15 DYS; OTSC DISCHARGED
|
|
Docket Date |
2023-08-21
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ PER 8/10 AND REQUEST FOR EOT
|
On Behalf Of |
Amerifund Equity Group
|
|
Docket Date |
2023-08-10
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Initial Brief ~ AA W/IN 10 DYS
|
|
Docket Date |
2023-07-18
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 493 PAGES
|
On Behalf Of |
Circuit Court Duval
|
|
Docket Date |
2023-06-09
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
CASE FILING FEE PAID THROUGH PORTAL
|
On Behalf Of |
Amerifund Equity Group
|
|
Docket Date |
2023-06-06
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgement Letter 1
|
|
Docket Date |
2023-06-06
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2023-06-06
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Order to pay filing fee - Civil appeal (300)
|
|
Docket Date |
2023-06-06
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ FILED BELOW 5/31/2023
|
On Behalf Of |
Amerifund Equity Group
|
|
Docket Date |
2023-10-24
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief ~ AMENDED AS TO CASE STYLE
|
On Behalf Of |
Reverse Mortgage Funding, LLC
|
|
Docket Date |
2023-09-18
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion To File Supplemental Record ~ FOR AE, ASSET RECOVERY, INC.
|
On Behalf Of |
Reverse Mortgage Funding, LLC
|
|
|
ASSET RECOVERY, INC. VS NATIONSTAR MORTGAGE, LLC, TONYA ROI STINO, AND ANNETTE BREGMAN
|
5D2023-1030
|
2023-03-01
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
5th District Court of Appeal
|
Originating Court |
Circuit Court for the Fifth Judicial Circuit, Citrus County
2019-CA-000270-A
|
Parties
Name |
ASSET RECOVERY INC
|
Role |
Appellant
|
Status |
Active
|
Representations |
Michael Farrar
|
|
Name |
Tonya Roi Stino
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Annette Bregman
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Caroline Anne Falvey
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk Citrus
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
NATIONSTAR MORTGAGE LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Lisa Woodburn, Benjamin B. Brown, Jamie Lynn Juster-Caballero, Robyn R. Katz, Gabriela N. Timis, Joseph T. Kohn
|
|
Docket Entries
Docket Date |
2023-08-15
|
Type |
Mandate
|
Subtype |
Notice Memorandum
|
Description |
Notice Memorandum
|
|
Docket Date |
2023-07-25
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal ~ AMENDED
|
On Behalf Of |
Asset Recovery, Inc.
|
|
Docket Date |
2023-08-15
|
Type |
Record
|
Subtype |
Returned Records
|
Description |
Returned Records ~ NO RECORD EFILED
|
|
Docket Date |
2023-07-27
|
Type |
Order
|
Subtype |
Order on Motion/Notice Voluntary Dismissal (non-dispositive)
|
Description |
Order Granting Voluntary Dismissal
|
|
Docket Date |
2023-07-27
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2023-07-21
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORD-Stricken (certificate of service) ~ AMENDED NOTICE OF VOL. DISM. W/I 5 DAYS
|
|
Docket Date |
2023-07-21
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal
|
On Behalf Of |
Asset Recovery, Inc.
|
|
Docket Date |
2023-07-19
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Order Grant EOT for Answer Brief ~ ANSWER BRF BY 7/24; ABSENT EXTENUATING CIRCUMSTANCES, ADDITIONAL EXTENSIONS OF TIME WILL BE DENIED.
|
|
Docket Date |
2023-07-07
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extensio of time to file Answer Brief ~ AMENDED
|
On Behalf Of |
Nationstar Mortgage, LLC
|
|
Docket Date |
2023-07-03
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Deny EOT Rule 9.300(a) and Non-Svs on Clien ~ AE'S W/IN 5 DYS FILE AMENDED MOT EOT
|
|
Docket Date |
2023-06-30
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extensio of time to file Answer Brief
|
On Behalf Of |
Nationstar Mortgage, LLC
|
|
Docket Date |
2023-06-29
|
Type |
Order
|
Subtype |
Order Striking Stipulation for Extension
|
Description |
ORD-STRIKE NOTICE OF EOT FOR AB-CIVIL ~ AE W/IN 5 DYS FILE APPROPRIATE MOTION OR AB; NTC AGREED EOT STRICKEN
|
|
Docket Date |
2023-06-29
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ STRICKEN PER 6/29 ORDER
|
On Behalf Of |
Nationstar Mortgage, LLC
|
|
Docket Date |
2023-05-31
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ TO 6/30
|
On Behalf Of |
Nationstar Mortgage, LLC
|
|
Docket Date |
2023-04-21
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ TO 5/31
|
On Behalf Of |
Nationstar Mortgage, LLC
|
|
Docket Date |
2023-04-01
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority ~ 2ND
|
On Behalf Of |
Asset Recovery, Inc.
|
|
Docket Date |
2023-04-01
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Asset Recovery, Inc.
|
|
Docket Date |
2023-03-14
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 156 PAGES
|
On Behalf Of |
Clerk Citrus
|
|
Docket Date |
2023-03-13
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Nationstar Mortgage, LLC
|
|
Docket Date |
2023-03-01
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2023-03-01
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Order to pay filing fee - Civil appeal (300)
|
|
Docket Date |
2023-03-01
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgement Letter 1
|
|
Docket Date |
2023-03-01
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ FILED BELOW 3/1/2023
|
On Behalf Of |
Asset Recovery, Inc.
|
|
|
ASSET RECOVERY, INC. VS WELLS FARGO BANK, N.A., ET AL
|
6D2023-0282
|
2022-03-07
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
6th District Court of Appeal
|
Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Lee County
19-CA-006801
|
Parties
Name |
ASSET RECOVERY INC
|
Role |
Appellant
|
Status |
Active
|
Representations |
MICHAEL FARRAR, ESQ.
|
|
Name |
WELLS FARGO BANK, N.A.
|
Role |
Appellee
|
Status |
Active
|
Representations |
STANTON IP LAW, ERIC M. LEVINE, ESQ., ILLEEN J. CANTOR, ESQ., STEVEN A. IMPARATO, ESQ., THURMOND LAW GROUP, SANDERS LAW GROUP, HOWARD FREIDIN, ESQ., JENNIFER KOPF
|
|
Name |
ISAAC M. ROBINSON
|
Role |
Appellee
|
Status |
Active
|
|
Name |
UNKNOWN TENANT 2
|
Role |
Appellee
|
Status |
Active
|
|
Name |
UNKNOWN HEIRS, GRANTEES, DEVISEES, LIENORS, TRUSTEES
|
Role |
Appellee
|
Status |
Active
|
|
Name |
UNKNOWN TENANT 1
|
Role |
Appellee
|
Status |
Active
|
|
Name |
AHMAAD R. ROBINSON
|
Role |
Appellee
|
Status |
Active
|
|
Name |
HON. JOSEPH C. FULLER, JR.
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
KEVIN KARNES, CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2023-02-13
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant Reply Brief
|
On Behalf Of |
ASSET RECOVERY, INC.
|
|
Docket Date |
2023-10-20
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion For Rehearing ~ MOTION FOR REHEARING, OR IN THE ALTERNATIVE,CERTIFICATION OF ISSUE OF GREAT PUBLIC IMPORTANCE
|
On Behalf Of |
WELLS FARGO BANK, N.A.
|
|
Docket Date |
2023-10-16
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
WELLS FARGO BANK, N.A.
|
|
Docket Date |
2023-10-13
|
Type |
Disposition by Opinion
|
Subtype |
Reversed
|
Description |
Reversed - Authored Opinion ~ and Remanded.
|
|
Docket Date |
2023-11-21
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ MOTION FOR ATTORNEY'S FEES
|
On Behalf Of |
ASSET RECOVERY, INC.
|
|
Docket Date |
2023-11-21
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ RESPONSE TO MOTION FORAPPELLATE ATTORNEYS' FEES AS A SANCTION
|
On Behalf Of |
WELLS FARGO BANK, N.A.
|
|
Docket Date |
2023-11-03
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLANT'S RESPONSE TO APPELLEE WELLS FARGO BANKN.A.'S MOTION FOR REHEARING, OR IN THE ALTERNATIVE,CERTIFICATION OF ISSUE OF GREAT PUBLIC IMPORTANCE
|
On Behalf Of |
ASSET RECOVERY, INC.
|
|
Docket Date |
2024-06-12
|
Type |
Supreme Court
|
Subtype |
Supreme Court Opinion
|
Description |
FLSC DISPOSITION "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). MUÑIZ, C.J., and CANADY, COURIEL, GROSSHANS, and SASSO, JJ., concur."
|
|
Docket Date |
2024-01-08
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2023-12-29
|
Type |
Supreme Court
|
Subtype |
Notice to Invok. Disc. Jur. FSC
|
Description |
NOTICE OF DISCRETN. JURISDICTN ~ SC CASE ACKNOWEDGMENT LETTER
|
|
Docket Date |
2023-12-21
|
Type |
Order
|
Subtype |
Order on Motion to Stay Issuance of Mandate
|
Description |
Order Denying Motion to Stay Issue Mandate ~ Appellee’s Motion to Stay Issuance of Mandate is denied.
|
|
Docket Date |
2023-12-21
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLANT'S RESPONSE TO APPELLEE WELLS FARGO BANK N.A.'S MOTION TO STAY MANDATE PENDING APPEAL TO THE FLORIDA SUPREME COURT
|
On Behalf Of |
ASSET RECOVERY, INC.
|
|
Docket Date |
2023-12-20
|
Type |
Post-Disposition Motions
|
Subtype |
Motion To Stay Issuance of Mandate
|
Description |
Motion To Stay Issuance of Mandate ~ MOTION TO STAY ISSUANCE OF MANDATE
|
On Behalf Of |
WELLS FARGO BANK, N.A.
|
|
Docket Date |
2023-12-19
|
Type |
Supreme Court
|
Subtype |
Notice to Invok. Disc. Jur. FSC
|
Description |
Notice of Discretional Jurisdiction to Supreme Court
|
On Behalf Of |
WELLS FARGO BANK, N.A.
|
|
Docket Date |
2023-12-07
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Order Denying Attorney's Fees ~ Appellant's Motion for Attorney's Fees as a Sanction, which was filed on November 21, 2023, is denied.
|
|
Docket Date |
2023-02-02
|
Type |
Order
|
Subtype |
Order on Motion To Strike
|
Description |
Deny Motion to Strike-13a ~ Appellant's motion to strike is denied.
|
|
Docket Date |
2023-01-20
|
Type |
Order
|
Subtype |
Order Dispensing with Oral Argument
|
Description |
ORD-DISPENSING ORAL ARGUMENT ~ Upon consideration, oral argument is hereby dispensed within this case, subject to reconsideration by the merits panel.
|
|
Docket Date |
2023-01-18
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLEE, WELLS FARGO BANK, N.A.'S, RESPONSE IN OPPOSITION TO APPELLANT, ASSET RECOVERY, INC.'s, MOTION TO STRIKE ANSWER BRIEF OR PORTIONS THEREOF
|
On Behalf Of |
WELLS FARGO BANK, N.A.
|
|
Docket Date |
2023-01-09
|
Type |
Motions Other
|
Subtype |
Motion To Strike
|
Description |
Motion To Strike
|
On Behalf Of |
ASSET RECOVERY, INC.
|
|
Docket Date |
2023-01-04
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
WELLS FARGO BANK, N.A.
|
|
Docket Date |
2023-01-03
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee Answer Brief
|
On Behalf Of |
WELLS FARGO BANK, N.A.
|
|
Docket Date |
2023-01-03
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2022-12-30
|
Type |
Disposition by Order
|
Subtype |
Transferred
|
Description |
Transfer to Sixth DCA
|
|
Docket Date |
2022-12-21
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for an extension of time is granted, and Appellee shall serve the answer brief by January 3, 2023. However, further motions for an extension of time are unlikely to receive favorable consideration.
|
|
Docket Date |
2022-12-14
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLANT'S RESPONSE TO APPELLE'S MOTION FOR EXTENSION OF TIME
|
On Behalf Of |
ASSET RECOVERY, INC.
|
|
Docket Date |
2022-12-12
|
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 |
WELLS FARGO BANK, N.A.
|
|
Docket Date |
2022-11-29
|
Type |
Order
|
Subtype |
Order on Motion to Withdraw Filing
|
Description |
ORD-TO WITHDRAW PLEADINGS ~ Appellant's notice of submission of error is treated as a motion to withdraw "Appellant's Response to Show Cause Order of November 18, 2022," and is granted. The foregoing pleading is withdrawn and will not be considered by this court.
|
|
Docket Date |
2022-11-28
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ **WITHDRAWN-SEE 11/29/22 ORDER**APPELLANT'S RESPONSE TO SHOW CAUSE ORDER OF NOVEMBER18, 2022
|
On Behalf Of |
ASSET RECOVERY, INC.
|
|
Docket Date |
2022-11-28
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ NOTICE OF SUBMISSION ERROR **Treated as a motion to withdraw Appellant's Response to Show Cause Order of November 18, 2022-SEE 11/29/22 order.
|
On Behalf Of |
ASSET RECOVERY, INC.
|
|
Docket Date |
2022-11-23
|
Type |
Order
|
Subtype |
Order Vacating/Withdrawing Order
|
Description |
ORDER VACATED ~ This court's October 6, 2022, order is vacated. Appellee's motions to dismiss filed August 17, 2022, and October 18, 2022, and request to serve a reply to appellant's response to the motion to dismiss are denied. Appellant's motion to strike the motion to dismiss filed October 18, 2022, is denied. Appellee shall serve the answer brief within 20 days of the date of this order.
|
|
Docket Date |
2022-11-14
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLANT'S RESPONSE TO APPELLEE'S MOTION TO DISMISS OF OCTOBER 18, 2022
|
On Behalf Of |
ASSET RECOVERY, INC.
|
|
Docket Date |
2022-11-08
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLEE, WELLS FARGO BANK, N.A.'S, RESPONSE TO APPELLANT, ASSET RECOVERY, INC.'s, MOTION TO STRIKE APPELLEE'S MOTION TO DISMISS, OR FOR ALTERNATIVE RELIEF and FOR EXTENSION OF TIME
|
On Behalf Of |
WELLS FARGO BANK, N.A.
|
|
Docket Date |
2022-11-01
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-TO FILE RESPONSE ~ Appellant shall serve its response to appellee's motion to dismiss within 10 days of the date of this order. Appellant's motion to strike the motion to dismiss remains pending.
|
|
Docket Date |
2022-10-24
|
Type |
Motions Other
|
Subtype |
Motion To Strike
|
Description |
Motion To Strike ~ APPELLANT'S MOTION TO STRIKE APPELEE'S MOTION TO DISMISSOR IN THE ALTERNATIVE FOR OTHER RELIEF
|
On Behalf Of |
ASSET RECOVERY, INC.
|
|
Docket Date |
2022-10-18
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss ~ APPELLEE, WELLS FARGO BANK, N.A.'S, MOTION TO DISMISS THE APPEAL FOR LACK OF JURISDICTION, APPELLANT'S LACK OF STANDING AND VIOLATION OF APPELLEE'S DUE PROCESS RIGHTS
|
On Behalf Of |
WELLS FARGO BANK, N.A.
|
|
Docket Date |
2022-10-06
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Grant Miscellaneous Motion-79 ~ **VACATED-SEE 11/23/22 ORDER**Appellee's motion to dismiss the appeal or to issue an order directing the trial court concerning its jurisdiction is treated as a motion challenging case classification and granted to the extent that this proceeding is reclassified as a nonfinal appeal under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(ii). Because a record was transmitted by the lower tribunal clerk, the parties are not required to file appendices. In accordance with this reclassification, rule 9.130(f) applies.
|
|
Docket Date |
2022-08-18
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ TO APPELLEE'S MOTION TO DISMISS APPEAL OR ISSUE ORDER
|
On Behalf Of |
ASSET RECOVERY, INC.
|
|
Docket Date |
2022-08-17
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss ~ MOTION TO DISMISS THE APPEAL OR TO ISSUE ORDER DIRECTING TRIAL COURT IT LACKS JURISDICTION TO HEAR THE APPELLANT'S RECENTLY FILED MOTION FOR SURPLUS ON 8/29 AT SAME TIME APPELLANT'S APPEAL OF A "FINAL ORDER DISBURSING SURPLUS" IS PENDING **Treated as a motion challenging case classification-SEE 10/06/22 order**
|
On Behalf Of |
WELLS FARGO BANK, N.A.
|
|
Docket Date |
2022-07-19
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee, Wells Fargo Bank, N.A.'s motion for extension of time is granted, and the answer brief shall be served within 45 days from the date of this order.
|
|
Docket Date |
2022-07-15
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ REDACTED - 43 PAGES
|
|
Docket Date |
2022-06-30
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extension of time to file Answer Brief ~ MOTION FOR EXTENSION OF TIME TO FILE ANSWER BRIEF
|
On Behalf Of |
WELLS FARGO BANK, N.A.
|
|
Docket Date |
2022-06-22
|
Type |
Order
|
Subtype |
Order on Motion to Amend/Correct Record
|
Description |
Order Denying Record T/B Corrected ~ Appellant's motion to correct the record is denied. Appellant's motion to supplement the record is denied as to the "Order on Plaintiff's Amended Motion for Additional Advances from the Registry of the Court," as this item already appears on page 89 of the appellate record. Appellant's motion to supplement the record is otherwise granted, and Appellant shall make arrangements within three days with the clerk of the lower tribunal for the supplementation of the record with the remaining items mentioned in the motion, with the supplemental record to be filed in this court within twenty-five days from the date of this order.
|
|
Docket Date |
2022-06-02
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion to Supplement ~ APPELLEE, WELLS FARGO BANK, N.A.'S, MOTION TO CORRECT AND SUPPLEMENT THE RECORD
|
On Behalf Of |
WELLS FARGO BANK, N.A.
|
|
Docket Date |
2022-06-02
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLANT'S RESPONSE TO APPELLEE'S MOTION TO SUPPLEMENT THE RECORD
|
On Behalf Of |
ASSET RECOVERY, INC.
|
|
Docket Date |
2022-05-26
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted in part, and the answer brief shall be served within 30 days. However, further motions for extension of time are unlikely to receive favorable consideration.
|
|
Docket Date |
2022-05-25
|
Type |
Motions Other
|
Subtype |
Motion To Strike
|
Description |
Motion To Strike
|
On Behalf Of |
ASSET RECOVERY, INC.
|
|
Docket Date |
2022-05-25
|
Type |
Order
|
Subtype |
Order to Show Cause
|
Description |
ORD-TO SHOW CAUSE ~ Appellant's initial brief cites an appendix in lieu of a record. Within fifteen days of the date of this order, Appellant shall show cause why the initial brief should not be stricken. See Fla. R. App. P. 9.210(b)(3). The response may take the form of an amended initial brief and a motion to strike the previously filed initial brief. Appellee's motion for an extension of time remains pending.
|
|
Docket Date |
2022-05-25
|
Type |
Brief
|
Subtype |
Amended Initial Brief
|
Description |
Amended Appellant Initial Brief
|
On Behalf Of |
ASSET RECOVERY, INC.
|
|
Docket Date |
2022-05-23
|
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 |
WELLS FARGO BANK, N.A.
|
|
Docket Date |
2022-05-23
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLANT'S RESPONSE TO APPELLEE WELLS FARGO BANK N.A.'S SECOND MOTION FOR EXTENSION OF TIME
|
On Behalf Of |
ASSET RECOVERY, INC.
|
|
Docket Date |
2022-04-26
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ FULLER - REDACTED - 95 PAGES
|
|
Docket Date |
2022-04-21
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ NOTICE OF AGREED EXTENSION OF TIME TO FILE ANSWER BRIEF//30 - AB DUE 5/23/22
|
On Behalf Of |
WELLS FARGO BANK, N.A.
|
|
Docket Date |
2022-03-24
|
Type |
Order
|
Subtype |
Order on Motion/Request for Oral Argument
|
Description |
Amended OA Request Permitted ~ A request for oral argument has been filed in this case. Within five days from the date of this order, any party may file a request that the argument be conducted by video. The manner of oral argument will be decided in the court's discretion. A video request must state the reason in support, and it must indicate that the requesting party has consulted opposing counsel and is authorized to represent that opposing counsel either has no objection or will file an objection. A party objecting to a request to conduct oral argument by video must file a response within five days after service of the request.
|
|
Docket Date |
2022-03-23
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits ~ stricken-see 5/26/22 order.
|
On Behalf Of |
ASSET RECOVERY, INC.
|
|
Docket Date |
2022-03-23
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
ASSET RECOVERY, INC.
|
|
Docket Date |
2022-03-23
|
Type |
Record
|
Subtype |
Appendix to Initial Brief
|
Description |
Appendix for Initial Brief
|
On Behalf Of |
ASSET RECOVERY, INC.
|
|
Docket Date |
2022-03-08
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2022-03-07
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ WITH ORDER
|
On Behalf Of |
ASSET RECOVERY, INC.
|
|
Docket Date |
2022-03-07
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|
ASSET RECOVERY, INC. VS WELLS FARGO BANK, N.A., ET AL
|
2D2022-0723
|
2022-03-07
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Lee County
19-CA-006801
|
Parties
Name |
ASSET RECOVERY INC
|
Role |
Appellant
|
Status |
Active
|
Representations |
MICHAEL FARRAR, ESQ.
|
|
Name |
UNKNOWN TENANT 2
|
Role |
Appellee
|
Status |
Active
|
|
Name |
UNKNOWN TENANT 1
|
Role |
Appellee
|
Status |
Active
|
|
Name |
AHMAAD R. ROBINSON
|
Role |
Appellee
|
Status |
Active
|
|
Name |
UNKNOWN HEIRS, GRANTEES, DEVISEES, LIENORS, TRUSTEES
|
Role |
Appellee
|
Status |
Active
|
|
Name |
ISAAC M. ROBINSON
|
Role |
Appellee
|
Status |
Active
|
|
Name |
WELLS FARGO BANK, N.A.
|
Role |
Appellee
|
Status |
Active
|
Representations |
STANTON IP LAW, SANDERS LAW GROUP, ILLEEN J. CANTOR, ESQ., THURMOND LAW GROUP, HOWARD FREIDIN, ESQ., JENNIFER KOPF, STEVEN A. IMPARATO, ESQ.
|
|
Name |
HON. JOSEPH C. FULLER, JR.
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
LEE CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2022-12-30
|
Type |
Disposition by Order
|
Subtype |
Transferred
|
Description |
Transfer to Sixth DCA
|
|
Docket Date |
2022-12-30
|
Type |
Disposition
|
Subtype |
Transferred
|
Description |
Transferred - Order by Judge ~ TRANSFERRED TO SIXTH DCA
|
|
Docket Date |
2022-12-21
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for an extension of time is granted, and Appellee shall serve the answer brief by January 3, 2023. However, further motions for an extension of time are unlikely to receive favorable consideration.
|
|
Docket Date |
2022-12-14
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLANT'S RESPONSE TO APPELLE'S MOTION FOR EXTENSION OF TIME
|
On Behalf Of |
ASSET RECOVERY, INC.
|
|
Docket Date |
2022-12-12
|
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 |
WELLS FARGO BANK, N.A.
|
|
Docket Date |
2022-11-29
|
Type |
Order
|
Subtype |
Order on Motion to Withdraw Filing
|
Description |
ORD-TO WITHDRAW PLEADINGS ~ Appellant's notice of submission of error is treated as a motion to withdraw "Appellant's Response to Show Cause Order of November 18, 2022," and is granted. The foregoing pleading is withdrawn and will not be considered by this court.
|
|
Docket Date |
2022-11-28
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ **WITHDRAWN-SEE 11/29/22 ORDER**APPELLANT'S RESPONSE TO SHOW CAUSE ORDER OF NOVEMBER18, 2022
|
On Behalf Of |
ASSET RECOVERY, INC.
|
|
Docket Date |
2022-11-28
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ NOTICE OF SUBMISSION ERROR **Treated as a motion to withdraw Appellant's Response to Show Cause Order of November 18, 2022-SEE 11/29/22 order.
|
On Behalf Of |
ASSET RECOVERY, INC.
|
|
Docket Date |
2022-11-23
|
Type |
Order
|
Subtype |
Order on Motion To Dismiss
|
Description |
ORD-DENYING APPELLEE'S MOTION TO DISMISS ~ Appellee's motions to dismiss filed August 17, 2022, and October 18, 2022, and request to serve a reply to appellant's response to the motion to dismiss are denied.
|
|
Docket Date |
2022-11-14
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLANT'S RESPONSE TO APPELLEE'S MOTION TO DISMISS OF OCTOBER 18, 2022
|
On Behalf Of |
ASSET RECOVERY, INC.
|
|
Docket Date |
2022-11-08
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLEE, WELLS FARGO BANK, N.A.'S, RESPONSE TO APPELLANT, ASSET RECOVERY, INC.'s, MOTION TO STRIKE APPELLEE'S MOTION TO DISMISS, OR FOR ALTERNATIVE RELIEF and FOR EXTENSION OF TIME
|
On Behalf Of |
WELLS FARGO BANK, N.A.
|
|
Docket Date |
2022-11-01
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-TO FILE RESPONSE ~ Appellant shall serve its response to appellee's motion to dismiss within 10 days of the date of this order. Appellant's motion to strike the motion to dismiss remains pending.
|
|
Docket Date |
2022-10-24
|
Type |
Motions Other
|
Subtype |
Motion To Strike
|
Description |
Motion To Strike ~ APPELLANT'S MOTION TO STRIKE APPELEE'S MOTION TO DISMISSOR IN THE ALTERNATIVE FOR OTHER RELIEF
|
On Behalf Of |
ASSET RECOVERY, INC.
|
|
Docket Date |
2022-10-18
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss ~ APPELLEE, WELLS FARGO BANK, N.A.'S, MOTION TO DISMISS THE APPEAL FOR LACK OF JURISDICTION, APPELLANT'S LACK OF STANDING AND VIOLATION OF APPELLEE'S DUE PROCESS RIGHTS
|
On Behalf Of |
WELLS FARGO BANK, N.A.
|
|
Docket Date |
2022-10-06
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Grant Miscellaneous Motion-79 ~ **VACATED-SEE 11/23/22 ORDER**Appellee's motion to dismiss the appeal or to issue an order directing the trial court concerning its jurisdiction is treated as a motion challenging case classification and granted to the extent that this proceeding is reclassified as a nonfinal appeal under Florida Rule of Appellate Procedure 9.130(a)(3)(C)(ii). Because a record was transmitted by the lower tribunal clerk, the parties are not required to file appendices. In accordance with this reclassification, rule 9.130(f) applies.
|
|
Docket Date |
2022-08-18
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ TO APPELLEE'S MOTION TO DISMISS APPEAL OR ISSUE ORDER
|
On Behalf Of |
ASSET RECOVERY, INC.
|
|
Docket Date |
2022-08-17
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss ~ MOTION TO DISMISS THE APPEAL OR TO ISSUE ORDER DIRECTING TRIAL COURT IT LACKS JURISDICTION TO HEAR THE APPELLANT'S RECENTLY FILED MOTION FOR SURPLUS ON 8/29 AT SAME TIME APPELLANT'S APPEAL OF A "FINAL ORDER DISBURSING SURPLUS" IS PENDING **Treated as a motion challenging case classification-SEE 10/06/22 order**
|
On Behalf Of |
WELLS FARGO BANK, N.A.
|
|
Docket Date |
2022-07-19
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee, Wells Fargo Bank, N.A.'s motion for extension of time is granted, and the answer brief shall be served within 45 days from the date of this order.
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Docket Date |
2022-07-15
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Type |
Record
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Subtype |
Supplemental Record
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Description |
Supplemental Records ~ REDACTED - 43 PAGES
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Docket Date |
2022-06-30
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time to Serve Answer Brief
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Description |
Mot. for Extension of time to file Answer Brief ~ MOTION FOR EXTENSION OF TIME TO FILE ANSWER BRIEF
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On Behalf Of |
WELLS FARGO BANK, N.A.
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Docket Date |
2022-06-22
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Type |
Order
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Subtype |
Order
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Description |
Miscellaneous Order ~ Appellant's motion to supplement the record is denied as to the "Order on Plaintiff's Amended Motion for Additional Advances from the Registry of the Court," as this item already appears on page 89 of the appellate record. Appellant's motion to supplement the record is otherwise granted, and Appellant shall make arrangements within three days with the clerk of the lower tribunal for the supplementation of the record with the remaining items mentioned in the motion, with the supplemental record to be filed in this court within twenty-five days from the date of this order.
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Docket Date |
2022-06-02
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Type |
Motions Relating to Records
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Subtype |
Motion to Supplement Record
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Description |
Motion to Supplement ~ APPELLEE, WELLS FARGO BANK, N.A.'S, MOTION TO CORRECT AND SUPPLEMENT THE RECORD
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On Behalf Of |
WELLS FARGO BANK, N.A.
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Docket Date |
2022-06-02
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Type |
Response
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Subtype |
Response
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Description |
RESPONSE ~ APPELLANT'S RESPONSE TO APPELLEE'S MOTION TO SUPPLEMENT THE RECORD
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On Behalf Of |
ASSET RECOVERY, INC.
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Docket Date |
2022-05-26
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Type |
Order
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Subtype |
Order on Motion To Strike
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Description |
Grant Motion to Strike ~ Appellant's motion to accept amended initial brief is granted. The initial brief is stricken. The amended initial brief is accepted as filed.Appellee's motion for extension of time is granted in part, and the answer brief shall be served within 30 days. However, further motions for extension of time are unlikely to receive favorable consideration.
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Docket Date |
2022-05-25
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Type |
Motions Other
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Subtype |
Motion To Strike
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Description |
Motion To Strike
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On Behalf Of |
ASSET RECOVERY, INC.
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Docket Date |
2022-05-25
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Type |
Order
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Subtype |
Order to Show Cause
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Description |
ORD-TO SHOW CAUSE ~ Appellant's initial brief cites an appendix in lieu of a record. Within fifteen days of the date of this order, Appellant shall show cause why the initial brief should not be stricken. See Fla. R. App. P. 9.210(b)(3). The response may take the form of an amended initial brief and a motion to strike the previously filed initial brief. Appellee's motion for an extension of time remains pending.
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Docket Date |
2022-05-25
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Type |
Brief
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Subtype |
Amended Initial Brief
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Description |
Amended Appellant Initial Brief
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On Behalf Of |
ASSET RECOVERY, INC.
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Docket Date |
2022-05-23
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time to Serve Answer Brief
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Description |
Mot. for Extension of time to file Answer Brief
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On Behalf Of |
WELLS FARGO BANK, N.A.
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Docket Date |
2022-05-23
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Type |
Response
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Subtype |
Response
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Description |
RESPONSE ~ APPELLANT'S RESPONSE TO APPELLEE WELLS FARGO BANK N.A.'S SECOND MOTION FOR EXTENSION OF TIME
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On Behalf Of |
ASSET RECOVERY, INC.
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Docket Date |
2022-04-26
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Type |
Record
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Subtype |
Record on Appeal
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Description |
Received Records ~ FULLER - REDACTED - 95 PAGES
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Docket Date |
2022-04-21
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Type |
Notice
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Subtype |
Notice of Agreed Extension of Time
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Description |
Stipulation for Extension of Time ~ NOTICE OF AGREED EXTENSION OF TIME TO FILE ANSWER BRIEF//30 - AB DUE 5/23/22
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On Behalf Of |
WELLS FARGO BANK, N.A.
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Docket Date |
2022-03-24
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Type |
Order
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Subtype |
Order on Motion/Request for Oral Argument
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Description |
Amended OA Request Permitted ~ A request for oral argument has been filed in this case. Within five days from the date of this order, any party may file a request that the argument be conducted by video. The manner of oral argument will be decided in the court's discretion. A video request must state the reason in support, and it must indicate that the requesting party has consulted opposing counsel and is authorized to represent that opposing counsel either has no objection or will file an objection. A party objecting to a request to conduct oral argument by video must file a response within five days after service of the request.
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Docket Date |
2022-03-23
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Type |
Brief
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Subtype |
Initial Brief
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Description |
Initial Appellant Brief on Merits ~ stricken-see 5/26/22 order.
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On Behalf Of |
ASSET RECOVERY, INC.
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Docket Date |
2022-03-23
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Type |
Record
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Subtype |
Appendix to Initial Brief
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Description |
Appendix for Initial Brief
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On Behalf Of |
ASSET RECOVERY, INC.
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Docket Date |
2022-03-23
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Type |
Motions Relating to Oral Argument
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Subtype |
Motion/Request for Oral Argument
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Description |
Request for Oral Argument
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On Behalf Of |
ASSET RECOVERY, INC.
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Docket Date |
2022-03-08
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Type |
Letter
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Subtype |
Acknowledgment Letter
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Description |
Acknowledgment Letter 1
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Docket Date |
2022-03-07
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Type |
Notice
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Subtype |
Notice of Appeal
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Description |
Notice of Appeal Filed ~ WITH ORDER
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On Behalf Of |
ASSET RECOVERY, INC.
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Docket Date |
2022-03-07
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Type |
Misc. Events
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Subtype |
Fee Status
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Description |
A3:Paid In Full - $300
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ASSET RECOVERY INC. VS WACHOVIA BANK, N. A., ET AL
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2D2020-3125
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2020-10-29
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Closed
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Classification |
NOA Final - Circuit Civil - Other
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Court |
2nd District Court of Appeal
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Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
09-CA-22520
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Parties
Name |
ASSET RECOVERY INC
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Role |
Appellant
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Status |
Active
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Representations |
MICHAEL FARRAR, ESQ.
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Name |
HON. GREGORY P. HOLDER
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Role |
Judge/Judicial Officer
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Status |
Active
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Name |
HILLSBOROUGH CLERK
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Role |
Lower Tribunal Clerk
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Status |
Active
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Name |
FRANK ROSSOTTO
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Role |
Appellee
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Status |
Active
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Name |
WACHOVIA BANK, N. A.
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Role |
Appellee
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Status |
Active
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Representations |
CLAYTON & MC CULLOH, MC CALLA RAYMER LEIBERT PIERCE, L L C, MICHAEL R. ESPOSITO, ESQ., ROBERTSON, ANSCHUTZ, SCHNEID, CHARLES P. GUFFORD, ESQ., BLANK ROME, L L P, STEPHAN C. NIKOLOFF, ESQ.
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Name |
WESTPARK VILLAGE CONDO ASSOCIATION, INC.
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Role |
Appellee
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Status |
Active
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Docket Entries
Docket Date |
2021-02-23
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Type |
Motions Other
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Subtype |
Motion To Relinquish Jurisdiction
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Description |
Motion To Relinquish Jurisdiction ~ APPELLANT AND APPELLEE MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR GREENPOINTMORTGAGE FUNDING, INC.'S JOINT MOTION TO RELINQUISH JURISDICTION
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On Behalf Of |
ASSET RECOVERY INC.
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Docket Date |
2021-03-25
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Type |
Order
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Subtype |
Order on Motion to Relinquish Jurisdiction
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Description |
ORDER GRANTING RELINQUISH JURISDICTION ~ The motion to relinquish jurisdiction to the trial court filed by appellant and appellee Mortgage Electronic Registration Systems, Inc. as Nominee For Greenpoint Mortgage Funding, Inc. is granted for a period of 30 days to accomplish the purpose stated in the motion. At the conclusion of the relinquishment period, appellant shall either file a status report to request additional time if needed or file a motion to supplement the record with the order entered on relinquishment.
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Docket Date |
2021-11-17
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Type |
Mandate
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Subtype |
Mandate
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Description |
Mandate
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Docket Date |
2021-11-17
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Type |
Misc. Events
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Subtype |
West Publishing
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Description |
West Publishing
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Docket Date |
2021-10-27
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Type |
Disposition by Opinion
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Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
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Docket Date |
2021-10-27
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Type |
Order
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Subtype |
Order
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Description |
Miscellaneous Order ~ The motion for appellate attorney's fees filed by appellee MERS, as nominee for Quicken Loans, Inc., is granted in an amount to be determined by the trial court.
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Docket Date |
2021-05-20
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Type |
Order
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Subtype |
Order
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Description |
Miscellaneous Order ~ Upon consideration of the status report filed by appellant on April 30, 2021, the relinquishment period has concluded. Pursuant to the joint motion filed by appellant and appellee Mortgage Electronic Registration Systems, Inc. as Nominee for Greenpoint Mortgage Funding, Inc. (“MERS-Greenpoint”), appellee MERS-Greenpoint is dismissed from this appeal. Appellee Mortgage Electronic Registration Systems, Inc., as Nominee for Quicken Loans, Inc. (“MERS-Quicken”) remains in the appeal. Within fifteen days from the date of this order, appellant shall serve its reply brief.
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Docket Date |
2021-05-20
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Type |
Brief
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Subtype |
Reply Brief
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Description |
Appellant Reply Brief
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On Behalf Of |
ASSET RECOVERY INC.
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Docket Date |
2021-05-03
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Type |
Motions Other
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Subtype |
Miscellaneous Motion
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Description |
Miscellaneous Motion ~ JOINT MOTION TO DISMISS APPELLEE
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On Behalf Of |
ASSET RECOVERY INC.
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Docket Date |
2021-04-30
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Type |
Motions Other
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Subtype |
Miscellaneous Motion
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Description |
Miscellaneous Motion ~ APPELLANT'S STATUS REPORT AND REQUEST FOR RE-ASSUMPTION OFJURISDICTION*See 5/20/21 order.* Upon consideration of the status report filed by appellant on April 30, 2021, the relinquishment period has concluded.
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On Behalf Of |
ASSET RECOVERY INC.
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Docket Date |
2021-04-26
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Type |
Motions Extensions
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Subtype |
Motion for Extension of Time
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Description |
Motion for Extension of Time ~ (contained in status report)
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On Behalf Of |
ASSET RECOVERY INC.
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Docket Date |
2021-04-26
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Type |
Misc. Events
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Subtype |
Status Report
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Description |
Status Report ~ AND REQUEST FOR ADDITIONAL TIME
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On Behalf Of |
ASSET RECOVERY INC.
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Docket Date |
2021-03-04
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Type |
Response
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Subtype |
Response
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Description |
RESPONSE ~ TO THE JOINT MOTION TO RELINQUISH JURISDICTION
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On Behalf Of |
WACHOVIA BANK, N. A.
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Docket Date |
2021-03-02
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Type |
Order
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Subtype |
Order to File Response
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Description |
ORD-TO FILE RESPONSE ~ Appellee Ally Bank, as Successor of Assignment by Mortgage from Mortgage Electronic Registration Systems, Inc. as nominee for Quicken Loans, Inc. is directed to respond within fifteen (15) days from the date of this order to Appellant and Appellee Mortgage Electronic Registration Systems, Inc. as nominee for Greenpoint Mortgage Funding, Inc.'s joint motion to relinquish jurisdiction.
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Docket Date |
2021-02-18
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Type |
Motions Relating to Attorney Fees/Costs
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Subtype |
Motion For Attorney's Fees
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Description |
Motion For Attorney's Fees
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On Behalf Of |
WACHOVIA BANK, N. A.
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Docket Date |
2021-02-17
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Type |
Brief
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Subtype |
Answer Brief
|
Description |
Appellee Answer Brief
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On Behalf Of |
WACHOVIA BANK, N. A.
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|
Docket Date |
2021-01-20
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Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extension of time to file Answer Brief
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On Behalf Of |
WACHOVIA BANK, N. A.
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Docket Date |
2021-01-20
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
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Description |
Stipulation for Extension of Time ~ 30 - AB DUE 2/19/21
|
On Behalf Of |
WACHOVIA BANK, N. A.
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|
Docket Date |
2020-12-22
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ HOLDER - REDACTED - 439 PAGES
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|
Docket Date |
2020-12-21
|
Type |
Record
|
Subtype |
Appendix to Initial Brief
|
Description |
Appendix for Initial Brief
|
On Behalf Of |
ASSET RECOVERY INC.
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|
Docket Date |
2020-12-21
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits
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On Behalf Of |
ASSET RECOVERY INC.
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Docket Date |
2020-12-21
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ OF ATTEMPT TO CONTACT CIRCUIT COURT APPELLATE CLERK FOR INDEX OFRECORD
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On Behalf Of |
ASSET RECOVERY INC.
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Docket Date |
2020-11-19
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Type |
Notice
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Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
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On Behalf Of |
WACHOVIA BANK, N. A.
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Docket Date |
2020-11-18
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Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
WACHOVIA BANK, N. A.
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|
Docket Date |
2020-10-30
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
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|
Docket Date |
2020-10-29
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
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|
Docket Date |
2020-10-29
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ WITH ORDER
|
On Behalf Of |
ASSET RECOVERY INC.
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|
Docket Date |
2021-02-22
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 7 - AB ("GREENPOINT") DUE 3/1/21
|
On Behalf Of |
WACHOVIA BANK, N. A.
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|
Docket Date |
2021-01-21
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellees' motion for extension of time is granted, and the answer brief shall be served within 30 days from the date of this order.
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ASSET RECOVERY, INC. VS SHARON R. BOCK AS P.B. CO CLERK OF COURT, et al.
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4D2015-1387
|
2015-04-10
|
Closed
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Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2014CA008676XXXXMB
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Parties
Name |
ASSET RECOVERY INC
|
Role |
Appellant
|
Status |
Active
|
Representations |
Michael J. Farrar
|
|
Name |
AMERICAN EXPRESS CENTURION BANK CORPORATION
|
Role |
Appellee
|
Status |
Active
|
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Name |
LLG REDEMPTIONS
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Wells Fargo Bank, N.A.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Sharon R. Bock, Clerk and Comptroller
|
Role |
Appellee
|
Status |
Active
|
Representations |
Glen J. Torcivia, THE TICKTIN LAW GROUP, GLEN J. TORCIVIA AND ASSOC. P.
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|
Name |
MARIA FERREY
|
Role |
Appellee
|
Status |
Active
|
|
Name |
CITY OF LAKE WORTH
|
Role |
Appellee
|
Status |
Active
|
|
Name |
HON. MARK E. POLEN
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Palm Beach
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2015-07-06
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
|
Docket Date |
2015-07-06
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
ASSET RECOVERY, INC.
|
|
Docket Date |
2016-03-18
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2016-03-18
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2016-02-18
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2015-11-19
|
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.
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Docket Date |
2015-06-22
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief ~ (the PDF was replaced on 6/23/15 with a version of the brief that is not full screen mode)
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On Behalf Of |
Sharon R. Bock, Clerk and Comptroller
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|
Docket Date |
2015-06-01
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief ~ TO INITIAL BRIEF
|
On Behalf Of |
ASSET RECOVERY, INC.
|
|
Docket Date |
2015-06-01
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
ASSET RECOVERY, INC.
|
|
Docket Date |
2015-05-29
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ ONE (1) VOLUME
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|
Docket Date |
2015-04-13
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2015-04-13
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, 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 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 |
2015-04-10
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
ASSET RECOVERY, INC.
|
|
Docket Date |
2015-04-10
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|