|
JAMES E. BAUMANN, ET AL. VS PNC BANK, N.A., ETC.
|
SC2018-0453
|
2018-03-21
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Seventh Judicial Circuit, Volusia County
642013CA012431XXXXDL
Circuit Court for the Seventh Judicial Circuit, Volusia County
5D18-121
|
Parties
| Name |
James E. Baumann
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Debora K. Baumann
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
D/B/A Commonwealth, etc.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
PNC BANK, N.A., SUCCESSOR BY MERGER TO NATIONAL CITY BANK
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
MCGLINCHEY STAFFORD, William L. Grimsley, N. Mark New, II
|
|
| Name |
NATIONAL CITY MORTGAGE CO.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Randell H. Rowe III
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Laura E. Roth
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Joanne P. Simmons
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-03-23
|
| 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 |
2018-03-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
DM:Case Dismissed
|
|
| Docket Date |
2018-03-21
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT) ~ Filed as a "Notice of Appeal" & treated as a Notice - Discretionary Jurisdiction
|
| On Behalf Of |
James E. Baumann
|
| View |
View File
|
|
|
|
JAMES E. BAUMANN, ET AL. VS PNC BANK, N.A., ETC.
|
SC2018-0378
|
2018-03-01
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Seventh Judicial Circuit, Volusia County
5D17-1934
Circuit Court for the Seventh Judicial Circuit, Volusia County
642013CA012431XXXXDL
|
Parties
| Name |
Debora K. Baumann
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
James E. Baumann
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
D/B/A Commonwealth, etc.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
NATIONAL CITY MORTGAGE CO.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
PNC BANK, N.A., SUCCESSOR BY MERGER TO NATIONAL CITY BANK
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Kimberly H. Israel, N. Mark New, II, William L. Grimsley
|
|
| Name |
Hon. Randell H. Rowe III
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Laura E. Roth
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Joanne P. Simmons
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-03-09
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE ~ Corrected on 4/10/18
|
|
| Docket Date |
2018-03-09
|
| 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 |
2018-03-01
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
DM:Case Dismissed
|
|
| Docket Date |
2018-03-01
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT) ~ Filed as "Notice of Appeal" & treated as Notice - Discretionary Jurisdiction
|
| On Behalf Of |
James E. Baumann
|
| View |
View File
|
|
|
|
JAMES E. BAUMANN, ET AL. VS PNC BANK, N.A., ETC.
|
SC2018-0347
|
2018-03-01
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Seventh Judicial Circuit, Volusia County
642013CA012431XXXXDL
Circuit Court for the Seventh Judicial Circuit, Volusia County
5D17-1934
|
Parties
| Name |
James E. Baumann
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Debora K. Baumann
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
NATIONAL CITY MORTGAGE CO.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
D/B/A Commonwealth, etc.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
PNC BANK, N.A., SUCCESSOR BY MERGER TO NATIONAL CITY BANK
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Kimberly H. Israel, N. Mark New, II, William L. Grimsley
|
|
| Name |
Hon. Randell H. Rowe III
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Laura E. Roth
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Joanne P. Simmons
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-06-06
|
| Type |
Order
|
| Subtype |
Status Reports
|
| Description |
ORDER-STATUS REPORTS ~ Petitioners are directed to submit a status report on or before June 21, 2018. This Court's order dated April 30, 2018, directed petitioners to file status reports every thirty days as to the progress of the bankruptcy proceedings in United States Bankruptcy Court for the Middle District of Florida, Case No. 6:18-bk-02218.
|
|
| Docket Date |
2018-12-06
|
| Type |
Disposition
|
| Subtype |
**DISP-REHEARING
|
| Description |
DISP-REHEARING DY ~ Petitioners' Motion for Rehearing and to Reinstate Appeal is hereby denied.
|
|
| Docket Date |
2018-11-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONDENT'S RESPONSE IN OPPOSITIONTO PETITIONERS' MOTION FOR REHEARING
|
| On Behalf Of |
PNC BANK, N.A., SUCCESSOR BY MERGER TO NATIONAL CITY BANK
|
| View |
View File
|
|
| Docket Date |
2018-10-30
|
| Type |
Motion
|
| Subtype |
Rehearing
|
| Description |
MOTION-REHEARING
|
| On Behalf Of |
James E. Baumann
|
| View |
View File
|
|
| Docket Date |
2018-08-31
|
| Type |
Order
|
| Subtype |
Brief Sched (Misc)
|
| Description |
ORDER-BRIEF SCHED (MISC) ~ The stay imposed by the Court's April 30, 2018, order is hereby lifted. Respondent is allowed to and including September 20, 2018, in which to serve the answer brief on jurisdiction.
|
|
| Docket Date |
2018-08-29
|
| Type |
Notice
|
| Subtype |
Filing
|
| Description |
NOTICE-FILING
|
| On Behalf Of |
PNC BANK, N.A., SUCCESSOR BY MERGER TO NATIONAL CITY BANK
|
| View |
View File
|
|
| Docket Date |
2018-08-13
|
| Type |
Miscellaneous Document
|
| Subtype |
Status Report
|
| Description |
STATUS REPORT
|
| On Behalf Of |
James E. Baumann
|
| View |
View File
|
|
| Docket Date |
2018-10-25
|
| Type |
Disposition
|
| Subtype |
Dism Grant
|
| Description |
DISP-DISM GR ~ Respondent's Motion to Dismiss is granted. The Notice to Invoke Discretionary Jurisdiction is hereby dismissed.
|
|
| Docket Date |
2018-09-14
|
| Type |
Brief
|
| Subtype |
Juris Answer
|
| Description |
JURIS ANSWER BRIEF
|
| On Behalf Of |
PNC BANK, N.A., SUCCESSOR BY MERGER TO NATIONAL CITY BANK
|
| View |
View File
|
|
| Docket Date |
2018-09-12
|
| Type |
Order
|
| Subtype |
Stay Proceedings FSC
|
| Description |
ORDER-STAY PROCEEDINGS FSC DY ~ Petitioners' "Motion to Stay Order, Dated August 31, 2018, Pending Disposition of Motion for Reconsideration, and Any Subsequent Appeal," is denied.
|
|
| Docket Date |
2018-09-05
|
| Type |
Notice
|
| Subtype |
Filing
|
| Description |
NOTICE-FILING ~ NOTICE OF FILING MOTION FOR RECONSIDERATION
|
| On Behalf Of |
James E. Baumann
|
| View |
View File
|
|
| Docket Date |
2018-09-05
|
| Type |
Motion
|
| Subtype |
Stay (FSC Proceedings)
|
| Description |
MOTION-STAY (FSC PROCEEDINGS) ~ APPELLANT'S MOTION TO STAY ORDER, DATED AUGUST 31, 2018,PENDING DISPOSITION OF MOTION FOR RECONSIDERATION,AND ANY SUBSEQUENT APPEAL
|
| On Behalf Of |
James E. Baumann
|
| View |
View File
|
|
| Docket Date |
2018-07-11
|
| Type |
Miscellaneous Document
|
| Subtype |
Status Report
|
| Description |
STATUS REPORT
|
| On Behalf Of |
James E. Baumann
|
| View |
View File
|
|
| Docket Date |
2018-06-12
|
| Type |
Miscellaneous Document
|
| Subtype |
Status Report
|
| Description |
STATUS REPORT
|
| On Behalf Of |
James E. Baumann
|
| View |
View File
|
|
| Docket Date |
2018-04-27
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE ~ Suggestion of Bankruptcy
|
| On Behalf Of |
PNC BANK, N.A., SUCCESSOR BY MERGER TO NATIONAL CITY BANK
|
| View |
View File
|
|
| Docket Date |
2018-04-13
|
| Type |
Disposition
|
| Subtype |
Reinstatement Grant (Review)
|
| Description |
DISP-REINSTATEMENT GR (REVIEW) ~ Petitioners' motion for reinstatement is hereby granted and it is ordered that the above case is reinstated.Respondent is allowed to and including April 30, 2018, in which to serve the jurisdictional answer brief. Respondent's "Motion to Dismiss Duplicative Appeal," filed March 15, 2018, remains pending before the Court.
|
|
| Docket Date |
2018-04-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONDENT'S RESPONSE IN OPPOSITIONTO PETITIONER'S MOTION TO REINSTATE PETITION
|
| On Behalf Of |
PNC BANK, N.A., SUCCESSOR BY MERGER TO NATIONAL CITY BANK
|
| View |
View File
|
|
| Docket Date |
2018-04-12
|
| Type |
Motion
|
| Subtype |
Reinstatement
|
| Description |
MOTION-REINSTATEMENT
|
| On Behalf Of |
James E. Baumann
|
| View |
View File
|
|
| Docket Date |
2018-03-06
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE ~ Corrected on 4/10/18
|
|
| Docket Date |
2018-04-10
|
| Type |
Disposition
|
| Subtype |
Dism Failure To Comply
|
| Description |
DISP-DISM FAILURE TO COMPLY ~ The petition for review is hereby dismissed on the Court's own motion based on petitioner's failure to timely file a compliant certificate of service in accordance with this Court's order dated March 13, 2018. Any and all pending motions are hereby denied as moot. If petitioner wishes to seek reinstatement, the motion for reinstatement must be filed within fifteen days from the date of this order.**REINSTATED 4/13/18**
|
|
| Docket Date |
2018-04-05
|
| Type |
Event
|
| Subtype |
Fee Paid in Full - $300
|
| Description |
Fee Paid In Full - $300
|
|
| Docket Date |
2018-03-15
|
| Type |
Motion
|
| Subtype |
Dismiss
|
| Description |
MOTION-DISMISS ~ RESPONDENT'S MOTION TO DISMISS DUPLICATIVE APPEAL
|
| On Behalf Of |
PNC BANK, N.A., SUCCESSOR BY MERGER TO NATIONAL CITY BANK
|
| View |
View File
|
|
| Docket Date |
2018-03-13
|
| Type |
Brief
|
| Subtype |
Appendix (Amended)
|
| Description |
APPENDIX-AMENDED-JURIS BRIEF
|
| On Behalf Of |
James E. Baumann
|
| View |
View File
|
|
| Docket Date |
2018-03-01
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT) ~ Filed as "Notice of Appeal" & treated as Notice - Discretionary Jurisdiction
|
| On Behalf Of |
James E. Baumann
|
| View |
View File
|
|
| Docket Date |
2018-03-01
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-03-12
|
| Type |
Brief
|
| Subtype |
Appendix-Juris
|
| Description |
APPENDIX-JURIS BRIEF ~ ***Stricken 3/13/18, does not contain decision for review.***
|
| On Behalf Of |
James E. Baumann
|
| View |
View File
|
|
| Docket Date |
2018-03-12
|
| Type |
Motion
|
| Subtype |
Brief Amendment
|
| Description |
MOTION-BRIEF AMENDMENT ~ Filed as "Petitioners' Motion for Leave to Amend Petitioners' Brief on Jurisdiction"
|
| On Behalf Of |
James E. Baumann
|
| View |
View File
|
|
| Docket Date |
2018-03-06
|
| Type |
Order
|
| Subtype |
Filing Fee Due
|
| Description |
ORDER-FILING FEE DUE ~ The jurisdiction of this Court was invoked by the filing of a Notice to Invoke Discretionary Jurisdiction in the lower tribunal; however, said notice was not accompanied by the $300.00 filing fee or an order of insolvency from the district court of appeal as required by Florida Rules of Appellate Procedure 9.110(b) and 9.120(b). The filing fee is due and payable at the time of filing the notice. Petitioner is allowed to and including April 5, 2018, in which to submit the filing fee, or an order of insolvency, or a proper motion for leave to proceed in forma pauperis that complies with sections 57.081 and 57.082, Florida Statutes (2013). Failure to submit the filing fee or one of the above referenced documents to this Court could result in the imposition of sanctions, including dismissal of the notice.Please understand that once this case is dismissed, it is not subject to reinstatement.
|
|
| Docket Date |
2018-04-30
|
| Type |
Order
|
| Subtype |
Stay Proceedings FSC (Bankruptcy)
|
| Description |
ORDER-STAY PROCEEDINGS FSC (BANKRUPTCY) ~ Upon consideration of the Suggestion of Bankruptcy, it is ordered that the proceedings in this Court are hereby stayed pending the disposition of Case No. 6:18-bk-02218, which is now pending in the United States Bankruptcy Court for the Middle District of Florida.Petitioners are to advise this Court thirty days from the date of this order, and every thirty days thereafter, of the status of the bankruptcy proceedings in Case No. 6:18-bk-02218. Notwithstanding the foregoing, Petitioners shall advise this Court of the conclusion of the bankruptcy proceedings within ten days from the date of the disposition.
|
|
| Docket Date |
2018-03-13
|
| Type |
Order
|
| Subtype |
Appendix Stricken
|
| Description |
ORDER-APPENDIX STRICKEN ~ Petitioners' appendices do not comply with Florida Rule of Appellate Procedure 9.120(d) and are hereby stricken. Petitioner is directed to file, within 10 days from the date of this order, an amended appendix which contains only a copy of the opinion or order of the district court of appeal to be reviewed.
|
|
|
|
CHAD THOMAS VS NATIONAL CITY MORTGAGE, CO., ET AL.
|
4D2014-4806
|
2014-12-18
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
09-CA 016161 (11)
|
Parties
| Name |
CHAD THOMAS LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
RASHAD TAYLOR
|
|
| Name |
Yvonne Souffrant
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
NATIONAL CITY MORTGAGE CO.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
J. BENNETT KITTERMAN, EZRA SCRIVANICH, VANESSA A. TUTTLE, Heidi J. Bassett, JUNE L. JONES, MARK O'GRADY, Edward J. O'Sheehan
|
|
| Name |
Hon. Cynthia Gelmine Imperato
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-02-01
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief
|
| On Behalf Of |
CHAD THOMAS
|
|
| Docket Date |
2016-02-10
|
| Type |
Order
|
| Subtype |
Order to File (Supplemental) Appendix
|
| Description |
ORD-Requiring appendix to brief per 9.130(e) ~ It appearing that the appellant has failed to file an appendix to the initial brief, it is ORDERED that the appellant shall serve an appendix to the initial brief within fifteen (15) days from the date of this order. See Fla. R. App. P. 9.130(e) and 9.220. The clerk of the lower tribunal shall not transmit a record on appeal unless ordered by this court. In addition, if the appendix to the initial brief is not filed within the time provided for in this order, the above-styled case WILL BE DISMISSED or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2016-01-21
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that the appellant's amended initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.210 in that it is not paginated and the table of contents does not show page numbers for each issue. A second amended brief and appendix in compliance with the rules shall be filed within ten (10) days from the date of this order. The time for any responsive briefing shall be tolled until service of this amended brief. FurtherORDERED that the appellee's December 30, 2015 motion to dismiss appeal or, alternatively, to strike appellant's initial brief is determined to be moot.
|
|
| Docket Date |
2016-01-15
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief ~ (STRICKEN)
|
| On Behalf Of |
CHAD THOMAS
|
|
| Docket Date |
2016-10-14
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2016-10-14
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2016-09-22
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that the appellee National City Mortgage Co.'s March 2, 2016 motion for attorney's fees is granted. On remand, the trial court shall set the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
|
|
| Docket Date |
2016-09-22
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2016-08-12
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that within ten (10) days of this order appellant shall file a supplemental appendix containing a transcript of the November 18, 2014 hearing on the motion to vacate at issue.
|
|
| Docket Date |
2016-07-05
|
| Type |
Brief
|
| Subtype |
Amended Answer Brief
|
| Description |
Amended Appellee's Answer Brief ~ (NATIONAL CITY MORTGAGE CO.)
|
| On Behalf Of |
NATIONAL CITY MORTGAGE CO.
|
|
| Docket Date |
2016-06-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's June 13, 2016 second agreed motion for extension of time is granted, and appellee shall serve the amended answer brief within fifteen (15) days from the date of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2016-06-13
|
| 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 |
NATIONAL CITY MORTGAGE CO.
|
|
| Docket Date |
2016-05-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's May 5, 2016 agreed motion for extension of time is granted, and appellee shall serve the amended answer brief within thirty (30) days from the date of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2016-05-05
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
NATIONAL CITY MORTGAGE CO.
|
|
| Docket Date |
2016-04-01
|
| Type |
Order
|
| Subtype |
Order on Motion To Compel
|
| Description |
ORD-Granting Motion to Compel ~ **IN PART** ORDERED that appellee's March 7, 2016 motion to compel is granted in part. Appellee may file an amended answer brief within thirty (30) days from the date of this order.
|
|
| Docket Date |
2016-03-07
|
| Type |
Motions Other
|
| Subtype |
Motion To Compel
|
| Description |
Motion To Compel
|
| On Behalf Of |
NATIONAL CITY MORTGAGE CO.
|
|
| Docket Date |
2016-03-04
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
NATIONAL CITY MORTGAGE CO.
|
|
| Docket Date |
2016-03-04
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ TO INITIAL BRIEF
|
| On Behalf Of |
CHAD THOMAS
|
|
| Docket Date |
2016-03-02
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
NATIONAL CITY MORTGAGE CO.
|
|
| Docket Date |
2016-01-14
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ ATTORNEY WILL BE FILING AN "AMENDED" INITIAL BRIEF
|
| On Behalf Of |
CHAD THOMAS
|
|
| Docket Date |
2014-12-18
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
CHAD THOMAS
|
|
| Docket Date |
2014-12-18
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2016-01-04
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that the appellant's initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.210 in that the table of contents does not list issues for review. An amended brief in compliance with the rules shall be filed within ten (10) days from the date of this order. The time for any responsive briefing shall be tolled until service of this amended brief.
|
|
| Docket Date |
2015-12-30
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ *OR, ALTERNATIVELY* TO STRIKE INITIAL BRIEF
|
| On Behalf Of |
NATIONAL CITY MORTGAGE CO.
|
|
| Docket Date |
2015-12-28
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
**DNU** order appealed ~ (DUPLICATE FILED BY CHAD THOMAS)
|
|
| Docket Date |
2015-12-28
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ (STRICKEN)
|
| On Behalf Of |
CHAD THOMAS
|
|
| Docket Date |
2015-12-16
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief/Apdx ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before December 28, 2015, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's initial brief and appendix have not been filed with this court as of this date, pursuant to Florida Rule of Appellate Procedure 9.130(e). Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief and appendix are filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2015-11-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
ORD-Reinstatement ~ ORDERED that the November 4, 2015 joint motion for reinstatement is granted. This appeal is reinstated, and appellant shall file an initial brief and appendix within twenty (20) days from the date of this order.
|
|
| Docket Date |
2015-11-04
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
CHAD THOMAS
|
|
| Docket Date |
2015-01-30
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the notice of voluntary dismissal January 27, 2015 this appeal is dismissed.
|
|
| Docket Date |
2015-01-30
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk ~ **REINSTATED 11/16/15**
|
|
| Docket Date |
2015-01-27
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Motion For Voluntary Dismissal
|
| On Behalf Of |
CHAD THOMAS
|
|
| Docket Date |
2015-01-27
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief/Apdx ~ ORDERED, the appellant in the above-styled case is hereby directed to file with this Court, and show cause in writing, if any there be, on or before February 6, 2015, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's initial brief and appendix have not been filed with this Court as of this date, pursuant to Fla. R. App. P. 9.130(e). Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief and appendix are filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2015-01-07
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ The appellant's initial brief filed January 5, 2015 is stricken as not in compliance with Florida Rules of Appellate Procedure 9.210(b), (c), and (d) in that the table of contents does not list issues for review. An amended brief in compliance with the rules shall be filed within ten (10) days of the date of this order. The time for any responsive briefing shall be tolled until service of this amended brief.
|
|
| Docket Date |
2015-01-05
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
NATIONAL CITY MORTGAGE CO.
|
|
| Docket Date |
2015-01-05
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ (STRICKEN)
|
| On Behalf Of |
CHAD THOMAS
|
|
| Docket Date |
2014-12-19
|
| 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.
|
|
| Docket Date |
2014-12-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
|
|
ANGELA VIRGO VS NATIONAL CITY MORTGAGE CO., ETC.
|
4D2014-3309
|
2014-09-03
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
2009CA001427 (12)
|
Parties
| Name |
ANGELA VIRGO
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jay L. Farrow
|
|
| Name |
National City Bank
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
NATIONAL CITY BANK OF INDIANA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
NATIONAL CITY MORTGAGE CO.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Edward J. O'Sheehan, Carlos J. Reyes
|
|
| Name |
Hon. Marina Garcia-Wood
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2014-10-31
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2014-10-31
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed-Failure to Comply ~ ORDERED sua sponte, the above-styled appeal is hereby dismissed for failure to comply with this court's order dated September 5, 2014.
|
|
| Docket Date |
2014-10-15
|
| Type |
Order
|
| Subtype |
Show Cause re Compliance with Prior Order
|
| Description |
Order to Show Cause-Appeal Dismissal ~ ORDERED that appellant is directed to show cause, within ten (10) days from the date of this order, why the above-styled case should not be dismissed or other sanctions imposed for failure to comply with this court's September 5, 2014, order.
|
|
| Docket Date |
2014-09-05
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2014-09-05
|
| 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.
|
|
| Docket Date |
2014-09-03
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
ANGELA VIRGO
|
|
| Docket Date |
2014-09-03
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
GREEN TREE SERVICING, L L C., VS ERIN C. MILAM & WILLIAM MILAM, et al.,
|
2D2014-0660
|
2014-02-11
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
2009-CA-004751
|
Parties
| Name |
GREEN TREE SERVICING, L L C
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
KIMBERLY N. HOPKINS, ESQ.
|
|
| Name |
NATIONAL CITY MORTGAGE CO.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ERIN C. MILAM
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
MARK P. STOPA
|
|
| Name |
WILLIAM BRETT MILAM
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-10-18
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing
|
|
| Docket Date |
2016-01-06
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ SET VIA AUTO RECORD RETURN APPLICATION
|
|
| Docket Date |
2015-11-20
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2015-11-12
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2015-10-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-DENYING REHEARING ~ rehearing en banc, cert,
|
|
| Docket Date |
2015-08-13
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc ~ TO CERTIFY CONFLICT, AND TO CERTIFY QUESTION
|
| On Behalf Of |
ERIN C. MILAM
|
|
| Docket Date |
2015-07-29
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Attorneys Fees/Deny/Appellee
|
|
| Docket Date |
2015-07-29
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion ~ and remanded. ***CORRECTION***
|
|
| Docket Date |
2015-05-08
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
GREEN TREE SERVICING, L L C
|
|
| Docket Date |
2015-03-24
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set
|
|
| Docket Date |
2015-02-04
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
ERIN C. MILAM
|
|
| Docket Date |
2015-01-23
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
GREEN TREE SERVICING, L L C
|
|
| Docket Date |
2014-12-05
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
ERIN C. MILAM
|
|
| Docket Date |
2014-12-05
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ AE Mark P. Stopa, Esq. 550507
|
| On Behalf Of |
ERIN C. MILAM
|
|
| Docket Date |
2014-12-03
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
ERIN C. MILAM
|
|
| Docket Date |
2014-11-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Denying Extension of Answer Brief ~ AB due 15 days failing will proceed w/o one/JT
|
|
| Docket Date |
2014-11-10
|
| 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 |
ERIN C. MILAM
|
|
| Docket Date |
2014-10-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
grant eot for AB - unlikely
|
|
| Docket Date |
2014-09-30
|
| 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 |
ERIN C. MILAM
|
|
| Docket Date |
2014-08-29
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30-AB DUE 09/30/14
|
| On Behalf Of |
ERIN C. MILAM
|
|
| Docket Date |
2014-08-01
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30-AB due 08-31-14
|
| On Behalf Of |
ERIN C. MILAM
|
|
| Docket Date |
2014-07-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30-answer brief due 8/1/14 (Atty Stopa)
|
| On Behalf Of |
ERIN C. MILAM
|
|
| Docket Date |
2014-06-12
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief
|
| On Behalf Of |
GREEN TREE SERVICING, L L C
|
|
| Docket Date |
2014-06-12
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
GREEN TREE SERVICING, L L C
|
|
| Docket Date |
2014-05-23
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
ORDER GRANTING MOTION TO SUPPLEMENT THE RECORD ~ ib due 45 days of order
|
|
| Docket Date |
2014-05-21
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion Supplemental Record & Eot For Brief
|
| On Behalf Of |
GREEN TREE SERVICING, L L C
|
|
| Docket Date |
2014-04-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF
|
|
| Docket Date |
2014-04-21
|
| 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 |
GREEN TREE SERVICING, L L C
|
|
| Docket Date |
2014-04-01
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ FTP RECORD LITTLE ***FTP CORRECTION RECORD FILED ON 6/10/14***
|
|
| Docket Date |
2014-02-12
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2014-02-11
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
GREEN TREE SERVICING, L L C
|
|
| Docket Date |
2014-02-11
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
order appealed
|
|
| Docket Date |
2014-02-11
|
| Type |
Miscellaneous Document
|
| Subtype |
Lower Tribunal Transmittal Cover Sheet
|
| Description |
LOWER TRIBUNAL TRANSMITTAL COVER SHEET
|
|
|
|
BRUCE FREIMAN VS NATIONAL CITY MORTGAGE CO
|
4D2013-2935
|
2013-08-12
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502008CA029678XXXXMB
|
Parties
| Name |
BRUCE FREIMAN
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Kendrick Almaguer, Michael R. Vater
|
|
| Name |
NATIONAL CITY MORTGAGE CO.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Edward J. O'Sheehan, Sidney C. Calloway, Keith F Backer, Suzanne Y. Labrit, MELISSA R. RINALDI
|
|
| Name |
Hon. Roger B. Colton
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. David A. Haimes
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-07-31
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2015-07-31
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2015-07-15
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Prevailing ~ ORDERED that the appellee's April 16, 2014 motion for attorney's fees is granted conditioned on the trial court determining that appellee is the prevailing party and, if so, setting the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including but not limited to preparation of a responsive pleading, shall be taken into account in computing the amount of the fee
|
|
| Docket Date |
2015-07-15
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed in Part/Reversed in Part
|
| Description |
Affirmed in Part/Reversed in Part - Authored Opinion
|
|
| Docket Date |
2015-05-15
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
NATIONAL CITY MORTGAGE CO.
|
|
| Docket Date |
2015-04-21
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
| Docket Date |
2015-01-20
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
BRUCE FREIMAN
|
|
| Docket Date |
2014-12-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ 30 DAYS TO 1/19/15
|
| On Behalf Of |
BRUCE FREIMAN
|
|
| Docket Date |
2014-11-17
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ 30 DAYS TO 12/18/14
|
| On Behalf Of |
BRUCE FREIMAN
|
|
| Docket Date |
2014-10-29
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
NATIONAL CITY MORTGAGE CO.
|
|
| Docket Date |
2014-10-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's unopposed motion filed September 25, 2014, for extension of time, is granted and appellee shall serve the answer brief within thirty (30) days from the date of the entry of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2014-09-25
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ (GRANTED 10/10/14)
|
| On Behalf Of |
NATIONAL CITY MORTGAGE CO.
|
|
| Docket Date |
2014-08-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's unopposed motion filed August 21, 2014, for enlargement of time, is granted and appellee shall serve the answer brief within thirty (30) days from the date of the entry of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2014-08-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ (GRANTED 8/27/14)
|
| On Behalf Of |
NATIONAL CITY MORTGAGE CO.
|
|
| Docket Date |
2014-07-25
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that the appellant's motion filed July 17, 2014, to supplement the record is granted, and the record is hereby supplemented to include the July 10, 2013, trial transcript. Said supplemental record is deemed filed the date of the entry of this order.
|
|
| Docket Date |
2014-07-25
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
BRUCE FREIMAN
|
|
| Docket Date |
2014-07-17
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
BRUCE FREIMAN
|
|
| Docket Date |
2014-06-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 60 DAYS TO 08/26/14
|
| On Behalf Of |
NATIONAL CITY MORTGAGE CO.
|
|
| Docket Date |
2014-04-22
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 60 DAYS TO 06/27/14
|
| On Behalf Of |
NATIONAL CITY MORTGAGE CO.
|
|
| Docket Date |
2014-04-16
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ AND RESPONSE TO AA'S MOTION FOR ATTY'S FEES **PENDING MOTION**
|
| On Behalf Of |
NATIONAL CITY MORTGAGE CO.
|
|
| Docket Date |
2014-04-02
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **MOTION PENDING** (response to this motion included in ae's motion for atty's fees filed 4/16/14)
|
| On Behalf Of |
BRUCE FREIMAN
|
|
| Docket Date |
2014-04-02
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ AA Kendrick Almaguer 0055323
|
|
| Docket Date |
2014-04-02
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
BRUCE FREIMAN
|
|
| Docket Date |
2014-03-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's motion, included in the response to order to show cause, filed February 27, 2014, for extension of time is granted, and appellant shall serve the initial brief within thirty (30) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
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|
| Docket Date |
2014-02-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause ~ *AND* REQUEST FOR EXT. OF TIME TO FILE BRIEF
|
| On Behalf Of |
BRUCE FREIMAN
|
|
| Docket Date |
2014-02-25
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ FOUR (4) VOLUMES
|
|
| Docket Date |
2014-02-18
|
| Type |
Order
|
| Subtype |
Order to Register/Update eDCA
|
| Description |
Counsel to register with eDCA ~ Be advised that Sidney Calloway and Melissa R. Rinaldi have failed to comply with this Court¿s Administrative Order No. 2013-01, requiring counsel of record to register with the Fourth District Court of Appeal¿s electronic filing system to receive electronic copies of court communications, including but not limited to orders.You are further advised that to receive all communications from this Court in electronic form you must register at www.4dca.org or https://edca.4dca.org.Unless you obtain a hardship waiver of the registration requirement the Clerk of the Court shall cease mailing paper copies of all communications from the Court to you after ten (10) days from the date of this order.Paper copies can be obtained by completing a Copy Request Form located at www.4dca.org.AMERICANS WITH DISABILITIES ACT: If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, the provision of certain assistance. Please contact the Marshal, Daniel DiGiacomo, 4th District Court of Appeal, 1525 Palm Beach Lakes Blvd., West Palm Beach, Florida 33401, telephone (561)242-2000; 1-800-955-8771(TDD): or 1-800-955-8770(V) via Florida Relay Service, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
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|
| Docket Date |
2014-02-17
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief/ROA ~ ORDERED, the appellant in the above-styled case is hereby directed to file with this Court, and show cause in writing, if any there be, on or before February 27, 2014, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's initial brief and the record-on-appeal have 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 and record-on-appeal are filed within this time, the order to show cause will be considered automatically discharged without further order.
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|
| Docket Date |
2014-01-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 02/03/14
|
| On Behalf Of |
BRUCE FREIMAN
|
|
| Docket Date |
2013-12-06
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 1/09/14
|
| On Behalf Of |
BRUCE FREIMAN
|
|
| Docket Date |
2013-11-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's motion filed October 31, 2013, for extension of time is granted, and appellant shall serve the initial brief within thirty (30) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2013-10-31
|
| 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 |
BRUCE FREIMAN
|
|
| Docket Date |
2013-08-26
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
NATIONAL CITY MORTGAGE CO.
|
|
| Docket Date |
2013-08-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2013-08-14
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this Court within ten (10) days from the date of the entry of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the notice of appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4DCA 1997). Failure of the attorney to pay will result in referral to the Florida Department of Banking and Finance for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
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|
| Docket Date |
2013-08-12
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
BRUCE FREIMAN
|
|
| Docket Date |
2013-08-12
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
**DNU** order appealed ~ ATTACHED TO NOA
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