Stanley J. Cichowski, Jr., Appellant(s), v. Discover Bank, Appellee(s).
|
5D2024-2304
|
2024-08-20
|
Open
|
|
Classification |
NOA Final - County Small Claims - Other
|
Court |
5th District Court of Appeal
|
Originating Court |
County Court for the Seventh Judicial Circuit, Flagler County
2021-SC-000904
|
Parties
Name |
Stanley J. Cichowski, Jr.
|
Role |
Appellant
|
Status |
Active
|
|
Name |
DISCOVER BANK
|
Role |
Appellee
|
Status |
Active
|
Representations |
Kristina Yvonne Lunsford
|
|
Name |
Hon. R. Melissa Distler
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Flagler Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2024-11-21
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time for Record
|
Description |
ROA BY 12/27. 10/28 OTSC IS DISCHARGED
|
View |
View File
|
|
Docket Date |
2024-10-30
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time for Record
|
Description |
Motion for Extension of Time for Record and Initial Brief
|
On Behalf Of |
Stanley J. Cichowski, Jr.
|
|
Docket Date |
2024-10-28
|
Type |
Order
|
Subtype |
Show Cause for Brief or Record on Appeal
|
Description |
Show Cause for Record on Appeal; AA W/IN 10 DYS; DISCHARGED PER 11/21 ORDER
|
View |
View File
|
|
Docket Date |
2024-08-30
|
Type |
Notice
|
Subtype |
Amended Notice of Appeal
|
Description |
Amended Notice of Appeal per 8/20/2024 Order - Filed Below 8/30/2024
|
On Behalf Of |
Stanley J. Cichowski, Jr.
|
|
Docket Date |
2024-08-30
|
Type |
Event
|
Subtype |
Fee Paid in Full - $300
|
Description |
Fee Paid in Full - $300
|
View |
View File
|
|
Docket Date |
2024-08-26
|
Type |
Order
|
Subtype |
Amended/Additional Filing(s) Needed
|
Description |
Amended/Additional Filing(s) Needed; AA W/IN 10 DYS FILE AMENDED NOA...
|
View |
View File
|
|
Docket Date |
2024-08-20
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Order on Filing Fee
|
View |
View File
|
|
Docket Date |
2024-08-20
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
View |
View File
|
|
Docket Date |
2024-08-20
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal - Filed Below 8/16/2024
|
On Behalf Of |
Stanley J. Cichowski, Jr.
|
|
Docket Date |
2025-01-06
|
Type |
Order
|
Subtype |
Show Cause for Brief or Record on Appeal
|
Description |
Show Cause for Record on Appeal; AA W/IN 10 DYS
|
View |
View File
|
|
|
MICHELLE COE, Appellant(s) v. DISCOVER BANK, Appellee(s).
|
4D2024-1615
|
2024-06-24
|
Closed
|
|
Classification |
NOA Final - County Small Claims - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County
COCE23-091682
|
Parties
Name |
Michelle Coe
|
Role |
Appellant
|
Status |
Active
|
|
Name |
DISCOVER BANK
|
Role |
Appellee
|
Status |
Active
|
Representations |
Kali Ann Cilli
|
|
Name |
KATHLEEN MCCARTHY, INC
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Broward Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2024-07-17
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORDERED sua sponte that the above-styled appeal is dismissed for non-payment of the $300.00 filing fee.
|
View |
View File
|
|
Docket Date |
2024-06-24
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
View |
View File
|
|
Docket Date |
2024-06-24
|
Type |
Order
|
Subtype |
Amended/Additional Filing(s) Needed
|
Description |
Order Appealed Needed
|
View |
View File
|
|
Docket Date |
2024-06-24
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Trial Court Document
|
Description |
Civil Cover Sheet
|
|
Docket Date |
2024-06-24
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal
|
|
|
KATIE ROMANO VS DISCOVER BANK
|
5D2023-3543
|
2023-12-05
|
Closed
|
|
Classification |
NOA Final - County Civil - Other
|
Court |
5th District Court of Appeal
|
Originating Court |
County Court for the Eighteenth Judicial Circuit, Seminole County
2023-CC-1336
|
Parties
Name |
Katie Romano
|
Role |
Appellant
|
Status |
Active
|
Representations |
Paul G. Wersant
|
|
Name |
DISCOVER BANK
|
Role |
Appellee
|
Status |
Active
|
Representations |
Eric Bradford Cooley, Kristina Y. Lunsford, Jonathan R. Tekell
|
|
Name |
Hon. Carsandra Buie
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk Seminole
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2024-01-24
|
Type |
Record
|
Subtype |
Returned Records
|
Description |
Returned Records ~ NO RECORD EFILED
|
|
Docket Date |
2024-01-24
|
Type |
Mandate
|
Subtype |
Notice Memorandum
|
Description |
Notice Memorandum
|
|
Docket Date |
2024-01-04
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge
|
|
Docket Date |
2024-01-04
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
Order Dismissing Appeal
|
|
Docket Date |
2023-12-05
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2023-12-07
|
Type |
Order
|
Subtype |
Show Cause Timeliness (Appeal)
|
Description |
Order - Show Cause for Untimely Filing of Notice of Appeal ~ W/I 10 DAYS
|
|
Docket Date |
2023-12-06
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
CASE FILING FEE PAID THROUGH PORTAL
|
On Behalf Of |
Katie Romano
|
|
Docket Date |
2023-12-05
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ FILED BELOW: 12/04/2023
|
On Behalf Of |
Katie Romano
|
|
Docket Date |
2023-12-05
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Order to pay filing fee - Civil appeal (300)
|
|
Docket Date |
2023-12-05
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgement Letter 1
|
|
|
STANLEY CICHOWSKI, JR. VS DISCOVER BANK
|
5D2023-2501
|
2023-08-07
|
Closed
|
|
Classification |
NOA Final - County Small Claims - Other
|
Court |
5th District Court of Appeal
|
Originating Court |
County Court for the Seventh Judicial Circuit, Flagler County
2021-SC-000904
|
Parties
Name |
Stanley Cichowski, Jr.
|
Role |
Appellant
|
Status |
Active
|
|
Name |
DISCOVER BANK
|
Role |
Appellee
|
Status |
Active
|
Representations |
Brett H. Burkett
|
|
Name |
Hon. Andrea K. Totten
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk Flagler
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2023-09-11
|
Type |
Mandate
|
Subtype |
Notice Memorandum
|
Description |
Notice Memorandum
|
|
Docket Date |
2023-09-11
|
Type |
Record
|
Subtype |
Returned Records
|
Description |
Returned Records ~ NO RECORD EFILED
|
|
Docket Date |
2023-08-22
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
Order Dismissing Appeal ~ FOR LACK OF JURISDICTION
|
|
Docket Date |
2023-08-22
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge
|
|
Docket Date |
2023-08-18
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ AMENDED
|
On Behalf Of |
Stanley Cichowski, Jr.
|
|
Docket Date |
2023-08-18
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ PARTIES ADVISED NOA FILED 8/16 PROPERLY DOCKETED HEREIN; NO NEW APPEAL WILL BE ESTABLISHED
|
|
Docket Date |
2023-08-17
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Docket Entry
|
Description |
Miscellaneous Docket Entry ~ "NOTICE OF APPEAL" - FILED BELOW 8/16/2023
|
|
Docket Date |
2023-08-17
|
Type |
Order
|
Subtype |
Order to Show Cause
|
Description |
Order to Show Cause ~ AA W/IN 10 DYS RE: WHY APPEAL SHOULD NOT BE DISMISSED...
|
|
Docket Date |
2023-08-13
|
Type |
Notice
|
Subtype |
Amended Notice of Appeal
|
Description |
Amended Notice of Appeal ~ PER 8/7/2023 ORDER - FILED HERE 8/13/2023
|
On Behalf Of |
Stanley Cichowski, Jr.
|
|
Docket Date |
2023-08-07
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ FILED BELOW 8/7/2023
|
On Behalf Of |
Stanley Cichowski, Jr.
|
|
Docket Date |
2023-08-07
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2023-08-07
|
Type |
Order
|
Subtype |
Amended/Additional Filing(s) Needed
|
Description |
ORD-AA to File Amended NOA ~ AA W/IN 10 DYS
|
|
Docket Date |
2023-08-07
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgement Letter 1
|
|
|
Adebayo O.T. Fayiga, Appellant(s), v. Discover Bank, Appellee(s).
|
3D2023-1039
|
2023-06-09
|
Closed
|
|
Classification |
NOA Final - County Civil - Other
|
Court |
3rd District Court of Appeal
|
Originating Court |
County Court for the Eleventh Judicial Circuit, Miami-Dade County
22-22706 CC
|
Parties
Name |
Adebayo O. Fayiga
|
Role |
Appellant
|
Status |
Active
|
|
Name |
DISCOVER BANK
|
Role |
Appellee
|
Status |
Active
|
Representations |
KEILA ESTEVEZ, JEFFREY S. CAMPOS, ZORAN D. JOVANOVICH
|
|
Name |
Hon. Lissette De La Rosa
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Miami-Dade Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2024-06-04
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2024-06-04
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
View |
View File
|
|
Docket Date |
2024-05-06
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing and Rehearing En Banc
|
Description |
Upon consideration, pro se Appellant's Motion for Written Opinion and Rehearing is hereby denied.
Pro se Appellant's Motion for Rehearing En Banc is, likewise, denied.
|
View |
View File
|
|
Docket Date |
2024-04-11
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing and Rehearing En Banc
|
Description |
Motion for Rehearing and Rehearing En Banc and for Written Opinion
|
On Behalf Of |
Adebayo O. Fayiga
|
|
Docket Date |
2024-03-27
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed
|
View |
View File
|
|
Docket Date |
2023-10-13
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
DISCOVER BANK
|
View |
View File
|
|
Docket Date |
2023-09-15
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Order on Agreed Extension of Time - AB -30 days to 10/16/2023.
|
View |
View File
|
|
Docket Date |
2023-09-12
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time
|
On Behalf Of |
DISCOVER BANK
|
|
Docket Date |
2023-09-07
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records
|
On Behalf Of |
Miami-Dade Clerk
|
|
Docket Date |
2023-09-06
|
Type |
Order
|
Subtype |
Order
|
Description |
MISCELLANEOUS ORDER (OR999) ~ Upon consideration of pro se Appellant’s Emergency Motion to Supplement the Record on Appeal, filed on August 31, 2023, the Motion is granted in part. Within twenty (20) days from the date of this Order, the clerk of the circuit court is ordered to provide the six (6) items listed in pro se Appellant’s Motion, to the extent they appear in the lower court file and were not included in the record on appeal.
|
|
Docket Date |
2023-08-31
|
Type |
Motions Other
|
Subtype |
Request for Emergency Treatment
|
Description |
Emergency Motion ~ Motion to Supplement the Record on Appeal
|
On Behalf Of |
Adebayo O. Fayiga
|
|
Docket Date |
2023-08-30
|
Type |
Order
|
Subtype |
Order
|
Description |
MISCELLANEOUS ORDER (OR999) ~ This Court denies pro se Appellant's August 28, 2023, "Emergency Motion to Compel the Lower Court Clerk to Deliver a Full Unmodified and Unabridged Record on Appeal,” without prejudice to pro se Appellant filing a motion to supplement the record on appeal (that was filed in this Court by the lower court clerk on August 21, 2023) that identifies, with specificity, those portions of the record that pro se Appellant asserts were omitted from the record that the lower court clerk transmitted to this Court.
|
|
Docket Date |
2023-08-28
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Docket Entry
|
Description |
Miscellaneous Docket Entry ~ Directions to the Clerk
|
On Behalf Of |
Adebayo O. Fayiga
|
|
Docket Date |
2023-08-28
|
Type |
Motions Other
|
Subtype |
Request for Emergency Treatment
|
Description |
Emergency Motion ~ Motion to Compel the Lower Court Clerk to deliver a full Unmodified and Unabridged Record on Appeal to the 3rd DCA
|
On Behalf Of |
Adebayo O. Fayiga
|
|
Docket Date |
2023-08-21
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Record on Appeal
|
On Behalf Of |
Miami-Dade Clerk
|
|
Docket Date |
2023-08-18
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Ext-gr initial brief no further extensions (OG03B) ~ Pro se Appellant's Second Motion for Extension of Time to Filethe Initial Brief is granted. The Initial Brief, filed August 16, 2023, stands asfiled.
|
|
Docket Date |
2023-08-16
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Adebayo O. Fayiga
|
|
Docket Date |
2023-08-14
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief ~ SECOND MOT. FOR EXTENSION OF TIME TO FILE INITIAL BRIEF
|
On Behalf Of |
Adebayo O. Fayiga
|
|
Docket Date |
2023-07-17
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Extension Granted for Initial Brief (OGO3) ~ Pro se Appellant's Motion for Extension of Time to File the Initial Brief is granted to and including thirty (30) days from the date of this Order.
|
|
Docket Date |
2023-07-10
|
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 |
Adebayo O. Fayiga
|
|
Docket Date |
2023-06-21
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ Of delivery of DCA check returned to Appellant by Lower Court Clerk
|
On Behalf Of |
Adebayo O. Fayiga
|
|
Docket Date |
2023-06-16
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ Copies of certified checks in possession of the Circuit Court Clerk
|
On Behalf Of |
Adebayo O. Fayiga
|
|
Docket Date |
2023-06-14
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
DISCOVER BANK
|
|
Docket Date |
2023-06-12
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ CERTIFIED.
|
On Behalf Of |
Miami-Dade Clerk
|
|
Docket Date |
2023-06-12
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Order to pay filing fee-civil w/o atty (OR14C) ~ This is to notify Appellant that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court by cash, cashier’s check, money order, or electronically through the Florida Courts E-Filing Portal on or before June 22, 2023, or unless a certified copy of the application for determination of civil indigent status in which the lower tribunal clerk has determined the appellant to be indigent is received on or before said date.
|
|
Docket Date |
2023-06-09
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ NOT CERTIFIED.
|
On Behalf Of |
Adebayo O. Fayiga
|
|
Docket Date |
2023-06-09
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Docket Entry
|
Description |
Miscellaneous Docket Entry ~ LOWER COURT DIRECTIONS TO CLERK
|
On Behalf Of |
Adebayo O. Fayiga
|
|
Docket Date |
2023-06-09
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
|
M. JULIA MOORIS AND LEO A. FARMER, JR. VS WILMINGTON SAVINGS FUND SOCIETY FSB, ET AL
|
2D2022-3949
|
2022-12-05
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
21-CA-003151
|
Parties
Name |
M. JULIA MOORIS
|
Role |
Appellant
|
Status |
Active
|
Representations |
MATTHEW D. WEIDNER, ESQ.
|
|
Name |
LEO A. FARMER, JR.
|
Role |
Appellant
|
Status |
Active
|
|
Name |
CHRISTINA TRUST AS TRUSTEE FOR PRETIUM MORTGAGE AQUISITION TRUST
|
Role |
Appellee
|
Status |
Active
|
|
Name |
UNITED STATES OF AMERICA INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
WILMINGTON SAVINGS FUND SOCIETY, FSB, CORPORATION
|
Role |
Appellee
|
Status |
Active
|
Representations |
RALPH WILLIAM CONFREDA, JR., ESQ., ROBERTSON, ANSCHUTZ, SCHNEID
|
|
Name |
DISCOVER BANK
|
Role |
Appellee
|
Status |
Active
|
|
Name |
HILLSBOROUGH CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2023-01-25
|
Type |
Misc. Events
|
Subtype |
Case Closed
|
Description |
Case Closed
|
|
Docket Date |
2023-01-04
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance ~ NOTICE OF APPEARANCE AS COUNSEL ON BEHALF OF APPELLEE AND E-MAIL DESIGNATION
|
On Behalf Of |
WILMINGTON SAVINGS FUND SOCIETY, FSB
|
|
Docket Date |
2023-01-04
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge ~ SLEET, SMITH, and LABRIT
|
|
Docket Date |
2023-01-04
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORD-SUA SPONTE DISMISSAL ~ This appeal is dismissed based on Appellants' failure to satisfy this court'sDecember 5, 2022, fee order.
|
|
Docket Date |
2022-12-05
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
fee - civil; atty
|
|
Docket Date |
2022-12-05
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
HL:Fee Owed
|
|
Docket Date |
2022-12-05
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2022-12-05
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ WITH ORDER
|
On Behalf Of |
M. JULIA MOORIS
|
|
|
SHIRLEY A. JACKSON VS DISCOVER BANK
|
2D2022-3697
|
2022-11-14
|
Closed
|
|
Classification |
NOA Final - County Civil - Other
|
Court |
2nd District Court of Appeal
|
Originating Court |
County Court for the Thirteenth Judicial Circuit, Hillsborough County
21-CC-056388
|
Parties
Name |
SHIRLEY A. JACKSON
|
Role |
Appellant
|
Status |
Active
|
|
Name |
DISCOVER BANK
|
Role |
Appellee
|
Status |
Active
|
Representations |
JEFFREY W. GIBSON, ESQ., ZORAN D. JOVANOVICH, ESQ., ERIK ZOGG, ESQ.
|
|
Name |
HON. JESSICA G. COSTELLO
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
HILLSBOROUGH CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2022-11-15
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
fee - civil; pro se ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes.Appellant shall forward the required $300.00 filing fee or, if applicable, a certificate or order from the lower tribunal finding appellant insolvent pursuant to section 57.081 or 57.085, Florida Statutes, as applicable, within forty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
|
Docket Date |
2023-07-12
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2023-07-11
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2023-06-21
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2023-03-27
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant Reply Brief
|
On Behalf Of |
SHIRLEY A. JACKSON
|
|
Docket Date |
2023-03-24
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee Answer Brief
|
On Behalf Of |
DISCOVER BANK
|
|
Docket Date |
2023-02-27
|
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, and the answer brief shallbe served by March 24, 2023.
|
|
Docket Date |
2023-02-24
|
Type |
Response
|
Subtype |
Objection
|
Description |
OBJECTION ~ APPELLANT'S OBJECTION TO DISCOVER BANK'S AMENDED MOTION OF TIME TO FILE ANSWER BRIEF
|
On Behalf Of |
SHIRLEY A. JACKSON
|
|
Docket Date |
2023-02-23
|
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 |
DISCOVER BANK
|
|
Docket Date |
2023-02-21
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
DISCOVER BANK
|
|
Docket Date |
2023-02-20
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ COSTELLO - 87 PAGES REDACTED
|
On Behalf Of |
HILLSBOROUGH CLERK
|
|
Docket Date |
2023-01-23
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits
|
On Behalf Of |
SHIRLEY A. JACKSON
|
|
Docket Date |
2022-11-15
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2022-11-14
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ W/ORDER
|
On Behalf Of |
SHIRLEY A. JACKSON
|
|
Docket Date |
2022-11-14
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|
U.S. BANK TRUST NATIONAL ASSOCIATION, AS TRUSTEE OF THE CHALET SERIES IV TRUST VS SUSAN ROXANNE HARKE A/K/A SUSAN R. HARKE, ROBERT HARKE A/K/A ROBERT A. HARKE, DISCOVER BANK, AND FLORIDA HOUSING FINANCE CORPORATION
|
5D2022-2344
|
2022-10-03
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
5th District Court of Appeal
|
Originating Court |
Circuit Court for the Fifth Judicial Circuit, Hernando County
2017-CA-000176
|
Parties
Name |
U.S. Bank Trust, N.A.
|
Role |
Appellant
|
Status |
Active
|
Representations |
Eric M. Levine, Adam G. Schwartz, Harris S. Howard
|
|
Name |
Susan Roxanne Harke
|
Role |
Appellee
|
Status |
Active
|
Representations |
Marisa G. Button, Jack D. Hoogewind, Ethan S. Katz
|
|
Name |
Florida Housing Finance Corporation
|
Role |
Appellee
|
Status |
Active
|
|
Name |
DISCOVER BANK
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Robert Harke
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Daniel B. Merritt, Sr.
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk Hernando
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2022-12-06
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Grant EOT for Initial Brief ~ INITIAL BRF BY 1/4; ABSENT EXTENUATING CIRCUMSTANCES, ADDITIONAL EXTENSIONS OF TIME MAY BE DENIED.
|
|
Docket Date |
2022-12-02
|
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 |
U.S. Bank Trust, N.A.
|
|
Docket Date |
2022-10-04
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
CASE FILING FEE PAID THROUGH PORTAL
|
On Behalf Of |
U.S. Bank Trust, N.A.
|
|
Docket Date |
2022-10-04
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
U.S. Bank Trust, N.A.
|
|
Docket Date |
2022-10-03
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ FILED BELOW 9/26/22
|
On Behalf Of |
U.S. Bank Trust, N.A.
|
|
Docket Date |
2022-10-03
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2022-10-03
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgement Letter 1
|
|
Docket Date |
2022-10-03
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Order to pay filing fee - Civil appeal (300)
|
|
Docket Date |
2022-12-08
|
Type |
Order
|
Subtype |
Order Discharging Show Cause Order
|
Description |
ORD-Discharging Show Cause ~ RESPONSE ACKNOWLEDGED; OTSC DISCHARGED
|
|
Docket Date |
2022-12-08
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 1368 PAGES
|
On Behalf Of |
Clerk Hernando
|
|
Docket Date |
2022-12-08
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ PER 12/7 ORDER
|
On Behalf Of |
U.S. Bank Trust, N.A.
|
|
Docket Date |
2022-12-07
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Record-on-Appeal ~ AA W/IN 10 DYS
|
|
Docket Date |
2022-12-06
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Susan Roxanne Harke
|
|
Docket Date |
2023-04-11
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Order Granting Attorney's Fees ~ AE MOT GRANTED; AA MOT DENIED
|
|
Docket Date |
2023-03-31
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
U.S. Bank Trust, N.A.
|
|
Docket Date |
2023-02-14
|
Type |
Notice
|
Subtype |
Notice of Oral Argument
|
Description |
NOTICE OF ORAL ARGUMENT
|
|
Docket Date |
2023-04-25
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ FOR WRITTEN OPINION
|
On Behalf Of |
U.S. Bank Trust, N.A.
|
|
Docket Date |
2023-04-11
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed ~ PCA
|
|
Docket Date |
2023-01-27
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ AE'S OA PREFERENCE
|
On Behalf Of |
Susan Roxanne Harke
|
|
Docket Date |
2023-01-25
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
U.S. Bank Trust, N.A.
|
|
Docket Date |
2023-01-25
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ AA'S OA PREFERENCE
|
On Behalf Of |
U.S. Bank Trust, N.A.
|
|
Docket Date |
2023-01-23
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ TO MOT FOR FEES
|
On Behalf Of |
U.S. Bank Trust, N.A.
|
|
Docket Date |
2023-01-11
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ GRANTED PER 4/11 ORDER
|
On Behalf Of |
Susan Roxanne Harke
|
|
Docket Date |
2023-01-11
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
Susan Roxanne Harke
|
|
Docket Date |
2022-12-12
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
U.S. Bank Trust, N.A.
|
|
Docket Date |
2022-12-12
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
U.S. Bank Trust, N.A.
|
|
Docket Date |
2022-12-12
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ FOR MERIT PANEL CONSIDERATION; DENIED PER 4/11 ORDER
|
On Behalf Of |
U.S. Bank Trust, N.A.
|
|
Docket Date |
2023-05-22
|
Type |
Record
|
Subtype |
Returned Records
|
Description |
Returned Records ~ NO RECORD EFILED
|
|
Docket Date |
2023-05-22
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2023-05-02
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Deny Miscellaneous Motion ~ MOT FOR WRITTEN OPINION DENIED
|
|
Docket Date |
2023-04-27
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ TO MOT FOR WRITTEN OPIN
|
On Behalf Of |
Susan Roxanne Harke
|
|
|
DAVID C. KYTE VS DISCOVER BANK
|
2D2022-2918
|
2022-09-06
|
Closed
|
|
Classification |
NOA Final - County Small Claims - Other
|
Court |
2nd District Court of Appeal
|
Originating Court |
County Court for the Sixth Judicial Circuit, Pinellas County
2021SC-002980
|
Parties
Name |
DAVID C. KYTE
|
Role |
Appellant
|
Status |
Active
|
Representations |
JON P. DUBBELD, ESQ., AARON M. SWIFT, ESQ., JORDAN T. ISRINGHAUS, ESQ., G. TYLER BANNON, ESQ., SEAN E. MCELENEY, ESQ.
|
|
Name |
DISCOVER BANK
|
Role |
Appellee
|
Status |
Active
|
Representations |
ERIK ZOGG, ESQ., ASHLEY L. BLANCO, ESQ., ZORAN D. JOVANOVICH, ESQ.
|
|
Name |
HON. JOHN CARASSAS
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
PINELLAS CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2022-09-08
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid through Portal
|
On Behalf Of |
DAVID C. KYTE
|
|
Docket Date |
2022-09-06
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2022-09-06
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ W/ORDER
|
On Behalf Of |
DAVID C. KYTE
|
|
Docket Date |
2022-09-06
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2022-10-18
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report
|
On Behalf Of |
PINELLAS CLERK
|
|
Docket Date |
2022-11-04
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30- IB DUE 12/15/22
|
On Behalf Of |
DAVID C. KYTE
|
|
Docket Date |
2022-11-01
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ CARASSAS - 233 PAGES REDACTED
|
|
Docket Date |
2022-11-01
|
Type |
Misc. Events
|
Subtype |
Certificate
|
Description |
Certificate ~ CERTIFICATE OF THE CLERK
|
On Behalf Of |
PINELLAS CLERK
|
|
Docket Date |
2022-10-20
|
Type |
Order
|
Subtype |
Abeyance Order
|
Description |
Abeyance Concluded ~ Because the lower tribunal has disposed of the motion(s) that suspend rendition as set forth in Florida Rule of Appellate Procedure 9.020(h), this appeal is no longer held in abeyance and shall proceed.
|
|
Docket Date |
2022-10-19
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report ~ APPELLANT'S STATUS REPORT
|
On Behalf Of |
DAVID C. KYTE
|
|
Docket Date |
2022-10-19
|
Type |
Notice
|
Subtype |
Appendix/Attachment to Notice
|
Description |
Appendix/Attachment to Notice
|
On Behalf Of |
DAVID C. KYTE
|
|
Docket Date |
2022-10-19
|
Type |
Order
|
Subtype |
Abeyance Order
|
Description |
Appeal In Abeyance ~ It appears that motion(s) are pending in the lower tribunal with the effect of delaying rendition pursuant to Florida Rule of Appellate Procedure 9.020(h). This appeal is held in abeyance. If there are no such motions pending, Appellant shall notify this court within five days. If there are such motion(s) pending, Appellant shall notify this court upon disposition of the motion(s) or shall file a status report within thirty days, whichever occurs first.
|
|
Docket Date |
2023-09-26
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2023-09-26
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2023-09-06
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing
|
Description |
ORD-DENYING REHEARING ~ Appellee's motion for rehearing and certification is denied.
|
|
Docket Date |
2023-08-23
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLANT'S RESPONSE IN OPPOSITIONTO APPELLEE'S MOTION FOR REHEARING AND CERTIFICATION
|
On Behalf Of |
DAVID C. KYTE
|
|
Docket Date |
2023-08-09
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion For Rehearing ~ AND CERTIFICATION
|
On Behalf Of |
DISCOVER BANK
|
|
Docket Date |
2023-07-26
|
Type |
Disposition by Opinion
|
Subtype |
Reversed
|
Description |
Reversed - Authored Opinion ~ and remanded.
|
|
Docket Date |
2023-07-26
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ The Appellant's motion for attorney's fees pursuant to the contract at issue in this action and section 57.105(7), Florida Statutes (2022), is granted. The motion is remanded to the county court to determine the amount of appellate attorney's fees.
|
|
Docket Date |
2023-03-16
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant Reply Brief
|
On Behalf Of |
DAVID C. KYTE
|
|
Docket Date |
2023-02-28
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee Answer Brief
|
On Behalf Of |
DISCOVER BANK
|
|
Docket Date |
2023-01-09
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 45 - AB DUE 02/28/2023
|
On Behalf Of |
DISCOVER BANK
|
|
Docket Date |
2022-12-15
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits
|
On Behalf Of |
DAVID C. KYTE
|
|
Docket Date |
2022-12-15
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ APPELLANT'S MOTION FOR ATTORNEYS' FEES
|
On Behalf Of |
DAVID C. KYTE
|
|
Docket Date |
2022-12-12
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
DISCOVER BANK
|
|
Docket Date |
2022-09-06
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
|
|
EVAN S. GUTMAN VS DISCOVER BANK
|
4D2022-1089
|
2022-04-20
|
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
502019CA013570
|
Parties
Name |
Evan S. Gutman
|
Role |
Appellant
|
Status |
Active
|
|
Name |
DISCOVER BANK
|
Role |
Appellee
|
Status |
Active
|
Representations |
Gennifer L. Bridges, David Elliot, Sarah Craig
|
|
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 |
2022-04-21
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2022-04-20
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2023-04-06
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2023-04-06
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2023-03-16
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that appellee’s October 19, 2022 motion for appellate 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. Further,ORDERED that the motion for costs filed by Gennifer L. Bridges is denied without prejudice to seek costs in the trial court.
|
|
Docket Date |
2023-03-16
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2022-10-19
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
Discover Bank
|
|
Docket Date |
2022-10-19
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
Discover Bank
|
|
Docket Date |
2022-08-25
|
Type |
Order
|
Subtype |
Order on Motion To Withdraw as Counsel
|
Description |
ORD-Withdraw as Counsel ~ ORDERED that the August 24, 2022 motion of Sarah Craig, Esquire, counsel for appellee, to withdraw as counsel is granted. Gennifer Bridges, Esquire and the law firm of Burr & Forman, LLP shall remain counsel of record.
|
|
Docket Date |
2022-08-24
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion To Withdraw as Counsel
|
Description |
Motion To Withdraw as Counsel
|
On Behalf Of |
Discover Bank
|
|
Docket Date |
2022-08-22
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Discover Bank
|
|
Docket Date |
2022-08-16
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief
|
On Behalf Of |
Discover Bank
|
|
Docket Date |
2022-08-16
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 60 DAYS
|
|
Docket Date |
2022-06-27
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 30 DAYS
|
|
Docket Date |
2022-06-27
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief
|
On Behalf Of |
Discover Bank
|
|
Docket Date |
2022-06-21
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Evan S. Gutman
|
|
Docket Date |
2022-06-06
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 1930 PAGES
|
On Behalf Of |
Clerk - Palm Beach
|
|
Docket Date |
2022-04-21
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
ORD-Pay Filing Fee - pro se civil appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellant shall pay the $300.00 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 this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the clerk of the lower tribunal within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The clerk of the lower tribunal shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
|
|
Docket Date |
2022-04-20
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Evan S. Gutman
|
|
|
ARM HOLDINGS, LLC, VS THE BANK OF NEW YORK MELLON, etc., et al.,
|
3D2021-2404
|
2021-12-14
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
3rd District Court of Appeal
|
Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
19-4191
|
Parties
Name |
ARM HOLDINGS LLC
|
Role |
Appellant
|
Status |
Active
|
Representations |
Michael J. Farrar, John Paul Arcia
|
|
Name |
CARLOS CORREA
|
Role |
Appellee
|
Status |
Active
|
|
Name |
AFFILIATED FINANCIAL CORPORATION
|
Role |
Appellee
|
Status |
Active
|
|
Name |
The Bank of New York Mellon
|
Role |
Appellee
|
Status |
Active
|
Representations |
JACQUELINE COSTOYA GUBERMAN, IRINA DANILYAN, Ramon C. Palacio
|
|
Name |
DISCOVER BANK
|
Role |
Appellee
|
Status |
Active
|
|
Name |
MIAMI POSTAL SERVICE CREDIT UNION
|
Role |
Appellee
|
Status |
Active
|
|
Name |
CLAUDIA RODRIGUEZ, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
GMAC MORTGAGE, LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
FEDERAL NATIONAL MORTGAGE ASSOCIATION CORP
|
Role |
Appellee
|
Status |
Active
|
|
Name |
VERONICA HENLEY
|
Role |
Appellee
|
Status |
Active
|
|
Name |
GARDEN VIEW CONDOMINIUM APARTMENTS ASSOCIATION, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Charles K. Johnson
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Miami-Dade Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2022-07-06
|
Type |
Disposition by Opinion
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2022-07-06
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2022-07-06
|
Type |
Notice
|
Subtype |
Voluntary Dismissal
|
Description |
Voluntary Dismissal Recognized (OG33) ~ IT IS HEREBY ORDERED that the appellant’s Notice of Voluntary Dismissal of Appeal is recognized by the Court, and this appeal from the Circuit Court for Miami-Dade County, Florida, is hereby dismissed.
|
|
Docket Date |
2022-07-06
|
Type |
Mandate
|
Subtype |
Disp. w/o Mandate
|
Description |
Disp w/o mandate
|
|
Docket Date |
2022-07-05
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal
|
On Behalf Of |
ARM HOLDINGS, LLC
|
|
Docket Date |
2022-03-03
|
Type |
Order
|
Subtype |
Order
|
Description |
MISCELLANEOUS ORDER (OR999) ~ Appellee the Bank of New York Mellon's Notice of Filing Suggestion of Bankruptcy with Incorporated Motion for Extension of Time to File Answer Brief is recognized. The appellate proceedings are hereby stayed pending further order of this Court. Appellees are granted twenty (20) days after the stay is lifted to file the answer brief.
|
|
Docket Date |
2022-02-28
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ NOTICE OF FILING SUGGESTION OF BANKRUPTCY WITH INCORPORATED MOTION FOR EXTENSION OF TIME TO FILE ANSWER BRIEF
|
On Behalf Of |
The Bank of New York Mellon
|
|
Docket Date |
2022-02-18
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Record on Appeal
|
On Behalf Of |
Miami-Dade Clerk
|
|
Docket Date |
2022-01-31
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix
|
On Behalf Of |
ARM HOLDINGS, LLC
|
|
Docket Date |
2022-01-31
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
ARM HOLDINGS, LLC
|
|
Docket Date |
2021-12-16
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
The Bank of New York Mellon
|
|
Docket Date |
2021-12-14
|
Type |
Notice
|
Subtype |
Notice of Appeal Transmittal Form
|
Description |
Notice of Transmittal--NOA
|
On Behalf Of |
ARM HOLDINGS, LLC
|
|
Docket Date |
2021-12-14
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2021-12-14
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments.
|
|
|
EARL ROWE VS DISCOVER BANK
|
2D2021-3211
|
2021-10-15
|
Closed
|
|
Classification |
NOA Final - County Small Claims - Other
|
Court |
2nd District Court of Appeal
|
Originating Court |
County Court for the Tenth Judicial Circuit, Polk County
2020SC-001304
|
Parties
Name |
EARL ROWE
|
Role |
Appellant
|
Status |
Active
|
|
Name |
DISCOVER BANK
|
Role |
Appellee
|
Status |
Active
|
|
Name |
POLK CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2021-12-17
|
Type |
Misc. Events
|
Subtype |
Case Closed
|
Description |
Case Closed
|
|
Docket Date |
2021-12-01
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge ~ NORTHCUTT, LUCAS, AND ROTHSTEIN-YOUAKIM
|
|
Docket Date |
2021-12-01
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORD-SUA SPONTE DISMISSAL ~ This appeal is dismissed based on Appellant's failure to respond to this court's October 18, 2021, order to show cause.
|
|
Docket Date |
2021-10-18
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
fee - civil; pro se ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes.Appellant shall forward the required $300.00 filing fee or, if applicable, a certificate or order from the lower tribunal finding appellant insolvent pursuant to section 57.081 or 57.085, Florida Statutes, as applicable, within forty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
|
Docket Date |
2021-10-18
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2021-10-15
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
EARL ROWE
|
|
Docket Date |
2021-10-15
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
HL:Fee Owed
|
|
|
DISCOVER BANK VS MATTHEW M. LIVERMORE
|
2D2021-3201
|
2021-10-15
|
Closed
|
|
Classification |
NOA Final - County Civil - Other
|
Court |
2nd District Court of Appeal
|
Originating Court |
County Court for the Thirteenth Judicial Circuit, Hillsborough County
15-CC-026749
|
Parties
Name |
DISCOVER BANK
|
Role |
Appellant
|
Status |
Active
|
Representations |
CAROLYN GACHET, ESQ., ASHLEY L. BLANCO, ESQ., ERIK ZOGG, ESQ.
|
|
Name |
MATTHEW M. LIVERMORE
|
Role |
Appellee
|
Status |
Active
|
Representations |
BRYAN DANGLER, ESQ., MICHAEL S. CONNELLY, ESQ.
|
|
Name |
HONORABLE MICHAEL C. BAGGE-HERNANDEZ
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
HILLSBOROUGH CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2021-12-01
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge ~ NORTHCUTT, LUCAS, AND ROTHSTEIN-YOUAKIM
|
|
Docket Date |
2021-10-15
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2021-10-15
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
HL:Fee Owed
|
|
Docket Date |
2021-10-15
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance ~ NOTICE OF APPEARANCE ANDDESIGNATION OF EMAIL ADDRESS
|
On Behalf Of |
MATTHEW M. LIVERMORE
|
|
Docket Date |
2021-12-17
|
Type |
Misc. Events
|
Subtype |
Case Closed
|
Description |
Case Closed
|
|
Docket Date |
2021-12-01
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
dismiss/no fee/order of insolvency ~ This appeal is dismissed based on Appellant's failure to respond to this court's October 15, 2021, fee order.
|
|
Docket Date |
2021-10-15
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
|
|
JOHN DOHERTY VS DISCOVER BANK
|
SC2020-0765
|
2020-05-29
|
Closed
|
|
Classification |
Original Proceedings - Writ - Mandamus
|
Court |
Supreme Court of Florida
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
4D20-520
Circuit Court for the Seventeenth Judicial Circuit, Broward County
062019CA019820AXXXCE
|
Parties
Name |
JOHN DOHERTY, LLC
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
DISCOVER BANK
|
Role |
Respondent
|
Status |
Active
|
Representations |
Zoran David Jovanovich
|
|
Name |
Hon. Brenda D. Forman
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2020-05-29
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
DM:Case Dismissed
|
|
Docket Date |
2020-06-01
|
Type |
Disposition
|
Subtype |
Orig Proc Dism No Juris Omnibus
|
Description |
DISP-ORIG PROC DISM NO JURIS OMNIBUS ~ This case is hereby dismissed. This Court's jurisdiction to issue extraordinary writs may not be used to seek review of an unelaborated decision from a district court of appeal that is issued without opinion or explanation or that merely cites to an authority that is not a case pending review in, or reversed or quashed by, this Court. See Foley v. State, 969 So. 2d 283 (Fla. 2007); Persaud v. State, 838 So. 2d 529 (Fla. 2003); Stallworth v. Moore, 827 So. 2d 974 (Fla. 2002); Grate v. State, 750 So. 2d 625 (Fla. 1999). No motion for rehearing or reinstatement will be entertained by the Court.
|
|
Docket Date |
2020-05-29
|
Type |
Miscellaneous Document
|
Subtype |
Misc. Docket Entry
|
Description |
MISC. DOCKET ENTRY
|
View |
View File
|
|
Docket Date |
2020-05-29
|
Type |
Petition
|
Subtype |
Petition Filed
|
Description |
PETITION-MANDAMUS
|
On Behalf Of |
John Doherty
|
View |
View File
|
|
|
JOHN DOHERTY VS DISCOVER BANK
|
SC2020-0761
|
2020-05-27
|
Closed
|
|
Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
Court |
Supreme Court of Florida
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
062019CA019820AXXXCE
Circuit Court for the Seventeenth Judicial Circuit, Broward County
4D20-520
|
Parties
Name |
JOHN DOHERTY, LLC
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
DISCOVER BANK
|
Role |
Respondent
|
Status |
Active
|
Representations |
Zoran David Jovanovich
|
|
Name |
Hon. Fabienne E. Fahnestock
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Hon. Brenda D. Forman
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2020-06-01
|
Type |
Event
|
Subtype |
Fee Paid in Full - $300
|
Description |
Fee Paid In Full - $300
|
|
Docket Date |
2020-05-29
|
Type |
Letter-Case
|
Subtype |
Letter
|
Description |
LETTER ~ Regarding fee payment
|
On Behalf Of |
John Doherty
|
View |
View File
|
|
Docket Date |
2020-05-29
|
Type |
Disposition
|
Subtype |
Rev/Appeal Dism No Juris Omnibus
|
Description |
DISP-REV/APPEAL DISM NO JURIS OMNIBUS ~ This case is hereby dismissed. This Court lacks jurisdiction to review an unelaborated decision from a district court of appeal that is issued without opinion or explanation or that merely cites to an authority that is not a case pending review in, or reversed or quashed by, this Court. See Wells v. State, 132 So. 3d 1110 (Fla. 2014); Jackson v. State, 926 So. 2d 1262 (Fla. 2006); Gandy v. State, 846 So. 2d 1141 (Fla. 2003); Stallworth v. Moore, 827 So. 2d 974 (Fla. 2002); Harrison v. Hyster Co., 515 So. 2d 1279 (Fla. 1987); Dodi Publ'g Co. v. Editorial Am. S.A., 385 So. 2d 1369 (Fla. 1980); Jenkins v. State, 385 So. 2d 1356 (Fla. 1980). No motion for rehearing or reinstatement will be entertained by the Court.
|
|
Docket Date |
2020-05-27
|
Type |
Notice
|
Subtype |
Invoke Discretionary Jurisdiction
|
Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
|
On Behalf Of |
John Doherty
|
View |
View File
|
|
Docket Date |
2020-05-27
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|
PERRY KRAPE VS DISCOVER BANK
|
4D2020-0781
|
2020-03-20
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE14013307
|
Parties
Name |
PERRY KRAPE, INC.
|
Role |
Appellant
|
Status |
Active
|
Representations |
Maikel Nagy Eskander
|
|
Name |
DISCOVER BANK
|
Role |
Appellee
|
Status |
Active
|
Representations |
Flynn Lavrar, RAS LaVrar, LLC, Drew Linen
|
|
Name |
Hon. Mark Alan Speiser
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2020-12-22
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2020-12-22
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORD-Sua Sponte Dismiss-Lack of Prosecution ~ ORDERED sua sponte that the above-styled case is dismissed for lack of prosecution.
|
|
Docket Date |
2020-12-03
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before December 14, 2020, 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.
|
|
Docket Date |
2020-10-09
|
Type |
Order
|
Subtype |
Order Discharging Show Cause Order
|
Description |
ORD-Discharging Show Cause ~ ORDERED that, upon consideration of appellant's response and motion for extension filed October 7, 2020, this court's October 2, 2020 order to show cause is discharged. Further,ORDERED that appellant’s motion for extension of time is granted, and appellant shall serve the initial brief within forty-five (45) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
Docket Date |
2020-10-07
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ AND MOTION FOR EXTENSION
|
On Behalf Of |
Perry Krape
|
|
Docket Date |
2020-10-02
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Initial Brief ~ ***DISCHARGED - See 10/09/20 order***ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before October 12, 2020, 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.
|
|
Docket Date |
2020-09-14
|
Type |
Notice
|
Subtype |
Notice of Change of Address
|
Description |
Notice of Change of Address
|
On Behalf Of |
Perry Krape
|
|
Docket Date |
2020-09-02
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 221 PAGES
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2020-08-24
|
Type |
Order
|
Subtype |
Order Vacating/Withdrawing Order
|
Description |
Order Vacated ~ ORDERED that this court’s August 19, 2020 order is vacated.
|
|
Docket Date |
2020-08-21
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing
|
On Behalf Of |
Perry Krape
|
|
Docket Date |
2020-08-19
|
Type |
Order
|
Subtype |
Show Cause re Compliance with Prior Order
|
Description |
Order to Show Cause-Appeal Dismissal ~ ***VACATED 8/24/20***ORDERED that appellant is 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 or other sanctions imposed for failure to comply with this court's July 31, 2020 order requiring a conformed copy of the order being appealed to be filed with this court. If the order is filed within this ten (10) day period, this order to show cause will be considered automatically discharged without further order.
|
|
Docket Date |
2020-07-31
|
Type |
Order
|
Subtype |
Order to File Status Report
|
Description |
Order for Status Report Re: ROA ~ Upon consideration of the Affidavit of Non-Payment of Appeal Invoice filed by the clerk of the lower tribunal on April 27, 2020, appellant is ordered to file a report, within ten (10) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
|
|
Docket Date |
2020-07-27
|
Type |
Order
|
Subtype |
Order on Motion To Dismiss
|
Description |
ORD-Denying Aplee's Motion to Dismiss ~ Upon consideration of appellant’s April 8, 2020 jurisdictional brief and appellee’s June 5, 2020 response and motion to dismiss, it is ORDERED that the appellee’s motion to dismiss is denied, and the above-styled appeal shall proceed as to the final judgment entered in favor of appellee on April 1, 2020.
|
|
Docket Date |
2020-06-09
|
Type |
Notice
|
Subtype |
Amended Notice of Appeal
|
Description |
Amended Notice of Appeal
|
On Behalf Of |
Perry Krape
|
|
Docket Date |
2020-06-05
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss ~ *AND* RESPONSE TO JURISDICTIONAL BRIEF
|
On Behalf Of |
Discover Bank
|
|
Docket Date |
2020-05-26
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to File Response
|
Description |
Grant EOT to file Response ~ ORDERED that appellee's May 21, 2020 “motion for extension of time to file appellee’s answer brief” is treated as motion for extension of time to file a response to this court's April 24, 2020 order and is granted. Appellee shall file a response to appellant's April 8, 2020 jurisdictional brief within ten (10) days from the date of this order.
|
|
Docket Date |
2020-05-21
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response
|
On Behalf Of |
Discover Bank
|
|
Docket Date |
2020-04-27
|
Type |
Misc. Events
|
Subtype |
Affidavit
|
Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2020-04-24
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-Appellee to File Response ~ ORDERED that appellee is directed to respond, within fifteen (15) days from the date of this order, to appellant’s April 8, 2020 jurisdictional brief.
|
|
Docket Date |
2020-04-08
|
Type |
Brief
|
Subtype |
Jurisdictional Brief
|
Description |
Jurisdictional Brief
|
On Behalf Of |
Perry Krape
|
|
Docket Date |
2020-04-03
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant's April 2, 2020 jurisdictional brief 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).
|
|
Docket Date |
2020-04-02
|
Type |
Brief
|
Subtype |
Jurisdictional Brief
|
Description |
Jurisdictional Brief ~ ***STRICKEN***
|
On Behalf Of |
Perry Krape
|
|
Docket Date |
2020-03-25
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
Perry Krape
|
|
Docket Date |
2020-03-24
|
Type |
Order
|
Subtype |
Order to File Response re Jurisdiction
|
Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that within ten (10) days from the date of this order appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the "order on defendant's amended motion to set aside default and sanctions and on plaintiff's motion for default final judgment and plaintiff's motion for summary judgment" is appealable as it appears that further judicial labor is required as to the entry of a final judgment. See Rollins Fruit Co. v. Wilson, 923 So. 2d 516, 519 (Fla. 2d DCA 2005) ("A judgment is not final where further judicial labor is required or contemplated to end the litigation between the parties."); Paige v. Am. Sec. Ins. Co., 987 So. 2d 128, 129 (Fla. 4th DCA 2008) (an order lacking words of finality is not a final judgment); furtherAppellee may file a response within ten (10) days of service of that statement.
|
|
Docket Date |
2020-03-23
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
Docket Date |
2020-03-23
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2020-03-20
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2020-03-20
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Perry Krape
|
|
|
JOHN DOHERTY VS DISCOVER BANK
|
4D2020-0520
|
2020-02-20
|
Closed
|
|
Classification |
Original Proceedings - Circuit Civil - Certiorari
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19-019820
|
Parties
Name |
JOHN DOHERTY, LLC
|
Role |
Appellant
|
Status |
Active
|
|
Name |
DISCOVER BANK
|
Role |
Respondent
|
Status |
Active
|
Representations |
Zoran David Jovanovich
|
|
Name |
Hon. Fabienne E. Fahnestock
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
FLORIDA SUPREME COURT CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2020-06-01
|
Type |
Supreme Court
|
Subtype |
Supreme Court Miscellaneous
|
Description |
Supreme Court Disposition ~ SC20-765 DISMISSED
|
|
Docket Date |
2020-05-29
|
Type |
Supreme Court
|
Subtype |
Supreme Court Miscellaneous
|
Description |
Supreme Court Disposition ~ SC20-761 DISMISSED
|
|
Docket Date |
2020-05-27
|
Type |
Supreme Court
|
Subtype |
Notice to Invok. Disc. Jur. FSC
|
Description |
Notice of Discretionary Jurisdiction to Supreme Court
|
On Behalf Of |
John Doherty
|
|
Docket Date |
2020-05-27
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice sent to the Supreme Court
|
|
Docket Date |
2020-04-23
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing
|
Description |
ORD-Denying Rehearing ~ ORDERED that petitioner's March 31, 2020 motion for rehearing, clarification, certification, and written opinion is denied.
|
|
Docket Date |
2020-03-31
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion For Rehearing ~ MOTION FOR REHEARING/CLARIFICATION/ CERTIFICATION/ WRITTEN OPINION IN REGARDS TO THE MARCH 16TH, 2020 ORDER OF THE COURT
|
On Behalf Of |
John Doherty
|
|
Docket Date |
2020-03-16
|
Type |
Disposition by Order
|
Subtype |
Denied
|
Description |
Order Denying Petition for Writ - Certiorari ~ ORDERED that the February 20, 2020 petition for writ of certiorari is denied.GROSS, GERBER and FORST, JJ., concur.
|
|
Docket Date |
2020-03-16
|
Type |
Disposition
|
Subtype |
Denied
|
Description |
Denied - Order by Judge
|
|
Docket Date |
2020-02-25
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Writ of Certiorari / Acknowledgment letter
|
|
Docket Date |
2020-02-20
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2020-02-20
|
Type |
Record
|
Subtype |
Appendix to Petition
|
Description |
Appendix to Petition
|
On Behalf Of |
John Doherty
|
|
Docket Date |
2020-02-20
|
Type |
Petition
|
Subtype |
Petition Certiorari
|
Description |
Petition for Certiorari Filed
|
On Behalf Of |
John Doherty
|
|
|
JENNIFER L. RHODES VS DISCOVER BANK
|
5D2019-3539
|
2019-12-02
|
Closed
|
|
Classification |
Original Proceedings - Circuit Civil - Certiorari
|
Court |
5th District Court of Appeal
|
Originating Court |
Circuit Court for the Fifth Judicial Circuit, Hernando County
2017-CC-928
Circuit Court for the Fifth Judicial Circuit, Hernando County
2019-AP-04
|
Parties
Name |
JENNIFER L. RHODES
|
Role |
Petitioner
|
Status |
Active
|
Representations |
Ryan C. Torrens
|
|
Name |
DISCOVER BANK
|
Role |
Respondent
|
Status |
Active
|
Representations |
Kristina Y. Lunsford
|
|
Name |
Hon. Heidi Davis
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Hon. Robert W. Hodges
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Hon. Caroline Anne Falvey
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Docket Entries
Docket Date |
2020-05-04
|
Type |
Mandate
|
Subtype |
Disp. w/o Mandate
|
Description |
Disp. w/o Mandate
|
|
Docket Date |
2020-05-04
|
Type |
Record
|
Subtype |
Returned Records
|
Description |
Returned Records ~ NO RECORD EFILED
|
|
Docket Date |
2020-04-15
|
Type |
Disposition by Order
|
Subtype |
Denied
|
Description |
Order Denying Original Petition
|
|
Docket Date |
2020-04-15
|
Type |
Disposition by Opinion
|
Subtype |
Denied
|
Description |
Denied - Order by Judge
|
|
Docket Date |
2020-02-10
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Reply to Response
|
Description |
Order Grant EOT to Reply to Response ~ REPLY ACCEPTED
|
|
Docket Date |
2020-02-03
|
Type |
Response
|
Subtype |
Reply
|
Description |
REPLY
|
On Behalf Of |
JENNIFER L. RHODES
|
|
Docket Date |
2020-01-31
|
Type |
Motions Extensions
|
Subtype |
Motion Extension of Time To Reply To Response
|
Description |
Motion Extension of TimeTo Reply To Respons
|
On Behalf Of |
JENNIFER L. RHODES
|
|
Docket Date |
2020-01-17
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Reply to Response
|
Description |
Order Grant EOT to Reply to Response ~ REPLY BY 1/31
|
|
Docket Date |
2020-01-09
|
Type |
Motions Extensions
|
Subtype |
Motion Extension of Time To Reply To Response
|
Description |
Motion Extension of TimeTo Reply To Respons
|
On Behalf Of |
JENNIFER L. RHODES
|
|
Docket Date |
2019-12-19
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ PER 12/9 ORDER
|
On Behalf Of |
DISCOVER BANK
|
|
Docket Date |
2019-12-09
|
Type |
Petition
|
Subtype |
Petition
|
Description |
Petition Filed ~ AMENDED PER 12/3 ORDER
|
On Behalf Of |
JENNIFER L. RHODES
|
|
Docket Date |
2019-12-09
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-Respondent to Respond ~ W/IN 20 DAYS; REPLY 10 DAYS
|
|
Docket Date |
2019-12-09
|
Type |
Record
|
Subtype |
Appendix to Petition
|
Description |
Appendix to Petition ~ AMENDED PER 12/3 ORDER
|
On Behalf Of |
JENNIFER L. RHODES
|
|
Docket Date |
2019-12-03
|
Type |
Order
|
Subtype |
Amended/Additional Filing(s) Needed
|
Description |
ORD-PT to File Amended Petition ~ W/IN 10 DAYS; APX W/IN 5 DAYS
|
|
Docket Date |
2019-12-03
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgement Letter 1
|
|
Docket Date |
2019-12-02
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
On Behalf Of |
JENNIFER L. RHODES
|
|
Docket Date |
2019-12-02
|
Type |
Petition
|
Subtype |
Petition
|
Description |
Petition Filed
|
On Behalf Of |
JENNIFER L. RHODES
|
|
Docket Date |
2019-12-05
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
DISCOVER BANK
|
|
|
RONALD L. BEAL, JR. VS DISCOVER BANK
|
2D2019-2611
|
2019-07-11
|
Closed
|
|
Classification |
Original Proceedings - Circuit Civil - Certiorari
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Tenth Judicial Circuit, Highlands County
AP-2008-47
|
Parties
Name |
RONALD L. BEAL, JR.
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
DISCOVER BANK
|
Role |
Appellee
|
Status |
Active
|
Representations |
KRISTINA Y. LUNSFORD, ESQ.
|
|
Name |
HON. ANTHONY L. RITENOUR
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
HIGHLANDS CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2019-07-11
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
DISCOVER BANK
|
|
Docket Date |
2019-07-11
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
NF:Not Required
|
|
Docket Date |
2019-07-11
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2019-07-11
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
fee - writ; pro se
|
|
Docket Date |
2019-11-04
|
Type |
Misc. Events
|
Subtype |
Case Closed
|
Description |
Case Closed
|
|
Docket Date |
2019-10-15
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing
|
Description |
denial of writ rehearing ~ The petitioner's motion for rehearing is denied.
|
|
Docket Date |
2019-10-09
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion For Rehearing ~ PETITIONER'S MOTION TO REHEAR THE 25 SEPTEMBER 2019, ORDER OF DISMISSAL and POSSIBLE REBUTTAL
|
On Behalf Of |
RONALD L. BEAL, JR.
|
|
Docket Date |
2019-09-25
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
certiorari dismiss/untimely ~ The petition for writ of certiorari is dismissed as untimely.Petitioner's motion for extension of time to serve amended petition is denied as moot.
|
|
Docket Date |
2019-09-25
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Deny Miscellaneous Motion-79a ~ Petitioner's motion for extension of time to serve amended petition is denied as moot.
|
|
Docket Date |
2019-09-25
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge ~ Silberman, Kelly, and Rothstein-Youakim
|
|
Docket Date |
2019-09-10
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ PETITIONER'S RESPONSE TO THE ORDER TO SHOW CAUSE FILED 29 AUGUST 2019
|
On Behalf Of |
RONALD L. BEAL, JR.
|
|
Docket Date |
2019-08-29
|
Type |
Order
|
Subtype |
Order
|
Description |
MISCELLANEOUS ORDER ~ Within fifteen days from the date of this order, petitioner shall show cause why this proceeding should not be dismissed as untimely to review the opinion of the circuit court rendered on April 8, 2019.
|
|
Docket Date |
2019-08-29
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ RESPONSE OF DISCOVER BANK TO PETITION FOR WRIT OF CERTIORARI
|
On Behalf Of |
DISCOVER BANK
|
|
Docket Date |
2019-08-12
|
Type |
Petition
|
Subtype |
Petition Certiorari
|
Description |
Petition for Certiorari Filed ~ AMENDED PETITION FOR WRIT OF CERTIORARI WITH APPENDIX*
|
On Behalf Of |
RONALD L. BEAL, JR.
|
|
Docket Date |
2019-08-01
|
Type |
Misc. Events
|
Subtype |
Determination of Indigency/LT Order Insolvency
|
Description |
Certificate of Indigency ~ PP RONALD L. BEAL, JR.
|
On Behalf Of |
RONALD L. BEAL, JR.
|
|
Docket Date |
2019-07-11
|
Type |
Petition
|
Subtype |
Petition
|
Description |
Petition Filed
|
On Behalf Of |
RONALD L. BEAL, JR.
|
|
|
RONALD L. BEAL, JR. VS DISCOVER BANK
|
2D2019-1723
|
2019-05-06
|
Closed
|
|
Classification |
Original Proceedings - Circuit Civil - Certiorari
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Tenth Judicial Circuit, Highlands County
2008-546-CCS
Circuit Court for the Tenth Judicial Circuit, Highlands County
AP-2009-14
|
Parties
Name |
RONALD L. BEAL, JR.
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
DISCOVER BANK
|
Role |
Respondent
|
Status |
Active
|
Representations |
CHRISTINA N. CHARLET, ESQ., KRISTINA Y. LUNSFORD, ESQ.
|
|
Name |
HON. ANTHONY L. RITENOUR
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
HON. ANGELA J. COWDEN
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
HIGHLANDS CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2020-01-31
|
Type |
Misc. Events
|
Subtype |
Case Closed
|
Description |
Case Closed
|
|
Docket Date |
2019-12-27
|
Type |
Disposition
|
Subtype |
Denied
|
Description |
Denied - PC Denied
|
|
Docket Date |
2019-08-05
|
Type |
Response
|
Subtype |
Reply
|
Description |
REPLY ~ PETITIONER'S REBUTTALS TO RESPONDENT'S: "RESPONSE TO PETITION FOR WRIT OF CERTIORARI"
|
On Behalf Of |
RONALD L. BEAL, JR.
|
|
Docket Date |
2019-07-25
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Deny Miscellaneous Motion-79a ~ Petitioner's notice of clerical error is noted. Petitioner's "request for determination of respondent's legal representation, if any" is denied as moot in light of respondent's response to the court's order of June 25, 2019.
|
|
Docket Date |
2019-07-12
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ RESPONDENT'S RESPONSE TO PETITIONER'S NOTICE OF CLERICAL ERROR AND REQUEST FOR DETERMINATION OF RESPONDENT'S LEGAL REPRESENTATION, IF ANY
|
On Behalf Of |
DISCOVER BANK
|
|
Docket Date |
2019-07-05
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ RESPONSE OF DISCOVER BANK TO PETITION FOR WRIT OF CERTIORARI
|
On Behalf Of |
DISCOVER BANK
|
|
Docket Date |
2019-06-25
|
Type |
Order
|
Subtype |
Order
|
Description |
MISCELLANEOUS ORDER ~ Respondent is directed to respond within fifteen days to "petitioner's notice of clerical error and request for determination of respondent's legal representation, if any."
|
|
Docket Date |
2019-06-13
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ PETITIONER'S NOTICE OF CLERICAL ERROR AND REQUEST FOR DETERMINATION OF RESPONDENT'S LEGAL REPRESENTATION, IF ANY
|
On Behalf Of |
RONALD L. BEAL, JR.
|
|
Docket Date |
2019-06-07
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
DISCOVER BANK
|
|
Docket Date |
2019-06-04
|
Type |
Order
|
Subtype |
Order to Respond to Petition
|
Description |
certiorari response ~ Upon consideration of the petitioner's response, the order to show cause issued on May 22, 2019, is discharged. Respondent shall serve a response to the petition for writ of certiorari within 30 days. Petitioner may serve a reply within 30 days thereafter.
|
|
Docket Date |
2019-05-28
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ PETITIONER'S RESPONSE TO THE ORDER TO SHOW CAUSE FILED 22 MAY 2019
|
On Behalf Of |
RONALD L. BEAL, JR.
|
|
Docket Date |
2019-05-22
|
Type |
Order
|
Subtype |
Order
|
Description |
MISCELLANEOUS ORDER ~ **Discharged per order of 06/04/19**Within fifteen days from the date of this order, petitioner shall show cause why this petition should not be dismissed as untimely filed to review the challenged orders.
|
|
Docket Date |
2019-05-20
|
Type |
Petition
|
Subtype |
Petition
|
Description |
Petition Filed ~ AMENDED
|
On Behalf Of |
RONALD L. BEAL, JR.
|
|
Docket Date |
2019-05-07
|
Type |
Miscellaneous Document
|
Subtype |
Lower Tribunal Insolvency
|
Description |
LOWER TRIBUNAL INSOLVENCY
|
On Behalf Of |
HIGHLANDS CLERK
|
|
Docket Date |
2019-05-07
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2019-05-07
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
fee - writ; pro se
|
|
Docket Date |
2019-05-06
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
WV:Waived
|
|
Docket Date |
2019-05-06
|
Type |
Petition
|
Subtype |
Petition
|
Description |
Petition Filed
|
On Behalf Of |
RONALD L. BEAL, JR.
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