|
Claudia Morales Mejias, Appellant(s) v. 21st Mortgage Corporation, Yarisbel Dominguez Perez, and Unknown Tenant Appellee(s).
|
1D2023-0507
|
2023-03-01
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
1st District Court of Appeal
|
| Originating Court |
Circuit Court for the Third Judicial Circuit, Suwannee County
2022-CA-132
|
Parties
| Name |
Claudia Morales Mejias
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
William Bradley Russell Jr.
|
|
| Name |
Yarisbel Dominguez Perez
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
21ST MORTGAGE CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Leslie S. White, Timothy W. Sobczak
|
|
| Name |
Unknown Tenant
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. David William Fina
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Barry A. Baker
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-09-01
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-09-01
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2023-08-14
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
Order on Motion To Dismiss
|
| View |
View File
|
|
| Docket Date |
2023-08-14
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed
368 So. 3d 417
|
| View |
View File
|
|
| Docket Date |
2023-04-21
|
| Type |
Record
|
| Subtype |
Record on Appeal Redacted
|
| Description |
Record on Appeal Redacted - 90 pages
|
|
| Docket Date |
2023-04-11
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause
|
| View |
View File
|
|
| Docket Date |
2023-04-10
|
| Type |
Event
|
| Subtype |
Fee Paid in Full
|
| Description |
Fee Paid in Full
|
| View |
View File
|
|
| Docket Date |
2023-03-14
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
21st Mortgage Corporation
|
|
| Docket Date |
2023-03-14
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to motion to dismiss
|
| On Behalf Of |
21st Mortgage Corporation
|
|
| Docket Date |
2023-03-10
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
21st Mortgage Corporation
|
|
| Docket Date |
2023-03-08
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Amended/Additional Filing(s) Needed/Fee due
|
| View |
View File
|
|
| Docket Date |
2023-03-02
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Notice of Appeal / Acknowledgement letter ~ Notice of Appeal from the lower tribunal reflecting a filing date of February 24, 2023.
|
|
| Docket Date |
2023-03-01
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
DU:Due
|
|
| Docket Date |
2023-03-01
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Appeal Transmittal Form
|
| On Behalf Of |
Hon. Barry A. Baker
|
|
|
|
MARIA E. RIVERA LAJARA VS 21ST MORTGAGE CORPORATION, ET AL.
|
2D2022-0156
|
2022-01-18
|
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-004987
|
Parties
| Name |
MARIA E. RIVERA LAJARA
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
21ST MORTGAGE CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CAREFREE VILLAGE MOBILE HOME PARK
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. CAROLINE TESCHE ARKIN
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-03-09
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2022-02-17
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-SUA SPONTE DISMISSAL ~ This appeal is dismissed as initiated from a void notice of appeal. See Hewett v. Wells Fargo Bank, N.A., 197 So. 3d 1105 (Fla. 2d DCA 2016).
|
|
| Docket Date |
2022-02-17
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ Villanti, Black, and Stargel
|
|
| Docket Date |
2022-01-20
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
ORD-TO SHOW CAUSE ~ Within 10 days from the date of this order, the appellant shall show cause why this appeal should not be dismissed as attempted to be initiated with a void notice of appeal. The notice of appeal was filed after the appellant filed a bankruptcy petition in the federal court. See Hewett v. Wells Fargo Bank, N.A., 197 So. 3d 1105 (Fla. 2d DCA 2016); AmMed Surgical Equip., LLC v. Prof'l Med. Billing Specialists, LLC, 2D14-4968, 162 So. 3d 209 (Fla. 2d DCA 2015); but see 11 U.S.C. § 108(c).
|
|
| Docket Date |
2022-01-18
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-01-18
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
HL:Fee Owed
|
|
| Docket Date |
2022-01-18
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ *CONFIDENTIAL* W/ORDER
|
| On Behalf Of |
MARIA E. RIVERA LAJARA
|
|
| Docket Date |
2022-01-18
|
| 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.
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|
|
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MARK STROHM and CYNTHIA ANN STROHM VS 21ST MORTGAGE CORPORATION
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4D2020-2151
|
2020-10-05
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19-006797
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Parties
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Mark C. Strohm
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Joshua Adam Bleil
|
|
| Name |
Cynthia Strohm
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
21ST MORTGAGE CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Alvaro Felipe Guerrero, Leslie S. White, Tim W. Sobczak
|
|
| Name |
Hon. Andrea Gundersen
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-02-10
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ "STIPULATION"
|
| On Behalf Of |
Mark C. Strohm
|
|
| Docket Date |
2021-02-10
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2021-02-10
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the February 10, 2021 stipulation for dismissal, this case is dismissed.
|
|
| Docket Date |
2021-02-04
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 21 DAYS TO 2/25/21
|
|
| Docket Date |
2021-02-04
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Mark C. Strohm
|
|
| Docket Date |
2021-01-13
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 20 DAYS TO 2/4/21
|
|
| Docket Date |
2021-01-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Mark C. Strohm
|
|
| Docket Date |
2020-12-30
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellants’ December 29, 2020 motion to supplement the record is granted. The proposed supplemental record is deemed filed.
|
|
| Docket Date |
2020-12-29
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Mark C. Strohm
|
|
| Docket Date |
2020-12-29
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellants’ December 28, 2020 motion 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 |
2020-12-28
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record ~ **STRICKEN**
|
| On Behalf Of |
Mark C. Strohm
|
|
| Docket Date |
2020-12-28
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ (40 PAGES)
|
| On Behalf Of |
Mark C. Strohm
|
|
| Docket Date |
2020-12-14
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 1/14/21.
|
|
| Docket Date |
2020-12-14
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Mark C. Strohm
|
|
| Docket Date |
2020-12-04
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (166 PAGES)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2020-10-08
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Mark C. Strohm
|
|
| Docket Date |
2020-10-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-10-07
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
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|
| Docket Date |
2020-10-07
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| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
21st Mortgage Corporation
|
|
| Docket Date |
2020-10-05
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-10-05
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Mark C. Strohm
|
|
|
|
21ST MORTGAGE CORPORATION VS CITIZENS PROPERTY INSURANCE CORP.
|
4D2020-1636
|
2020-07-21
|
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
502019CA005630
|
Parties
| Name |
21ST MORTGAGE CORPORATION
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Clive Morgan, Laura H. Mirmelli
|
|
| Name |
Citizens Property Insurance Corp.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Terry L. Watson, Alejandro Sanchez Parraga, Michelle Diverio, Daniel J. Santaniello
|
|
| Name |
Hon. Scott Ryan Kerner
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-03-12
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-03-12
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-02-18
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Offer Judg. ~ ORDERED that appellee’s December 1, 2020 motion for attorney's fees is granted conditioned on the trial court determining that appellee is entitled to fees under section 768.79, Florida Statutes (2019) 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 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 |
2021-02-18
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2020-12-01
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Citizens Property Insurance Corp.
|
|
| Docket Date |
2020-12-01
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Citizens Property Insurance Corp.
|
|
| Docket Date |
2020-11-30
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ EXTENDED TO 12/08/2020
|
|
| Docket Date |
2020-11-30
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Citizens Property Insurance Corp.
|
|
| Docket Date |
2020-11-02
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Moot ~ Upon consideration of appellee’s October 30, 2020 notice of agreed extension, it is ORDERED that appellee’s October 29, 2020 motion for extension of time to file answer brief is determined to be moot.
|
|
| Docket Date |
2020-10-30
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 11/28/2020
|
|
| Docket Date |
2020-10-30
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Citizens Property Insurance Corp.
|
|
| Docket Date |
2020-10-29
|
| 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 |
Citizens Property Insurance Corp.
|
|
| Docket Date |
2020-10-01
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Citizens Property Insurance Corp.
|
|
| Docket Date |
2020-09-29
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
21st Mortgage Corporation
|
|
| Docket Date |
2020-09-15
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 331 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2020-08-21
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
ORD-FROM CIRCUIT COURT/AGENCY ~ FINAL JUDGMENT
|
| On Behalf Of |
21st Mortgage Corporation
|
|
| Docket Date |
2020-07-27
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
21st Mortgage Corporation
|
|
| Docket Date |
2020-07-27
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF PAYMENT OF FILING FEE
|
| On Behalf Of |
21st Mortgage Corporation
|
|
| Docket Date |
2020-07-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-07-22
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
Aplnt to Obtain Final Order-Dobrick/BCH ~ It appearing that the order to which the Notice of Appeal is directed is a non-appealable, non-final order, appellant(s) shall have thirty (30) days from the date of this order to obtain a final order and to file a copy in this court. Failure to do so will result in sua sponte dismissal of the appeal. Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); see also Rust v. Brown, 13 So. 3d 1105, 1107 (Fla. 4th DCA 2009) ("An order merely granting a motion for summary judgment is not a final order because it does not enter judgment for or against a party.").ORDERED that the trial court is specifically authorized, pursuant to Florida Rule of Appellate Procedure 9.600(b), upon appropriate application, to enter a final order in these proceedings.
|
|
| Docket Date |
2020-07-21
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
21st Mortgage Corporation
|
|
| Docket Date |
2020-07-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
ARK REAL ESTATE SERVICES, INC. VS 21ST MORTGAGE CORPORATION
|
4D2020-0122
|
2020-01-14
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Okeechobee County
472014CA000472
|
Parties
| Name |
ARK REAL ESTATE SERVICES, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Charles Wender
|
|
| Name |
21ST MORTGAGE CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Pierre George Mina, Sonia Henriques McDowell
|
|
| Name |
Hon. Laurie E. Buchanan
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Okeechobee
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-09-18
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-08-31
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-08-31
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that appellant's August 7, 2020 motion for rehearing is denied.
|
|
| Docket Date |
2020-08-07
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
ARK REAL ESTATE SERVICES, INC.
|
|
| Docket Date |
2020-07-29
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney's Fees ~ ORDERED that appellee’s March 31, 2020 motion for attorney's fees is granted pursuant to section 772.11, Florida Statutes. If a motion for rehearing is filed in this court, then services rendered in connection with 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 is denied without prejudice to seek costs in the trial court.
|
|
| Docket Date |
2020-07-29
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Authored Opinion
|
|
| Docket Date |
2020-04-13
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ AND COSTS
|
| On Behalf Of |
ARK REAL ESTATE SERVICES, INC.
|
|
| Docket Date |
2020-04-13
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
ARK REAL ESTATE SERVICES, INC.
|
|
| Docket Date |
2020-03-31
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
21st Mortgage Corporation
|
|
| Docket Date |
2020-03-31
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ & COSTS
|
| On Behalf Of |
21st Mortgage Corporation
|
|
| Docket Date |
2020-03-11
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 14 DAYS TO 03/25/2020
|
|
| Docket Date |
2020-03-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
21st Mortgage Corporation
|
|
| Docket Date |
2020-02-19
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
ARK REAL ESTATE SERVICES, INC.
|
|
| Docket Date |
2020-02-14
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 392 PAGES
|
| On Behalf Of |
Clerk - Okeechobee
|
|
| Docket Date |
2020-02-13
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Misc. LT pleadings ~ MEMORANDUM REGARDING PAYMENT FOR RECORD ON APPEAL
|
| On Behalf Of |
Clerk - Okeechobee
|
|
| Docket Date |
2020-01-17
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
ARK REAL ESTATE SERVICES, INC.
|
|
| Docket Date |
2020-01-16
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
21st Mortgage Corporation
|
|
| Docket Date |
2020-01-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-01-15
|
| 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 |
2020-01-14
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-01-14
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
ARK REAL ESTATE SERVICES, INC.
|
|
|
|
GERALD G. SMITH VS 21ST MORTGAGE CORPORATION
|
4D2019-2329
|
2019-07-23
|
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
CACE15020646 (11)
|
Parties
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
GERALD G. SMITH
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
21ST MORTGAGE CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Leslie S. White
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-08-09
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the August 7, 2019 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2019-08-09
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2019-08-07
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
GERALD G. SMITH
|
|
| Docket Date |
2019-07-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-07-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
| Docket Date |
2019-07-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
GERALD G. SMITH
|
|
| Docket Date |
2019-07-24
|
| Type |
Order
|
| Subtype |
Order Reclassifying Case
|
| Description |
ORD-Final Appeal Treated as Non-Final ~ ORDERED sua sponte that the court determines that this appeal seeks review of a non-final order, rather than a final order. Fla. R. App. P. 9.130(a)(3)(C)(ii). Appellant shall serve an initial brief and an accompanying appendix within fifteen (15) days from the date of this order. See Florida Rule of Appellate Procedure 9.130(e), 9.220. The clerk of the lower tribunal shall not transmit a record on appeal unless ordered by this court.
|
|
|
|
GERALD G. SMITH VS 21ST MORTGAGE CORPORATION
|
4D2019-1273
|
2019-05-03
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 15-020646
|
Parties
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
GERALD G. SMITH
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
21ST MORTGAGE CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Tim W. Sobczak, Leslie S. White
|
|
| Name |
Hon. Frank Ledee
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2222-12-20
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ **RETURNED MAIL RECEIVED FOR APPELLANT. REASON- NO SUCH NUMBER.**
|
|
| Docket Date |
2222-09-16
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ **CASES 19-1124 AND 19-1273 ARE CONSOLIDATED FOR ALL PURPOSES. SEE 09/16/2019 ORDER.**
|
|
| Docket Date |
2020-02-12
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Miscellaneous
|
| Description |
Supreme Court Disposition ~ SC20-203 DISMISSED
|
|
| Docket Date |
2020-02-10
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice sent to the Supreme Court
|
|
| Docket Date |
2020-02-10
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice of Discretionary Jurisdiction to Supreme Court
|
| On Behalf Of |
GERALD G. SMITH
|
|
| Docket Date |
2020-01-31
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-01-31
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-01-09
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2019-09-16
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ ORDERED sua sponte that case numbers 4D19-1124 and 4D19-1273 are consolidated for all purposes. No further action is required of the parties at this time.
|
|
| Docket Date |
2019-07-31
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
21st Mortgage Corporation
|
|
| Docket Date |
2019-07-03
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Corrected Appellant's Initial Brief ~ (CORRECTED AS TO CASE NUMBER)
|
| On Behalf Of |
GERALD G. SMITH
|
|
| Docket Date |
2019-07-02
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
GERALD G. SMITH
|
|
| Docket Date |
2019-06-24
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
21st Mortgage Corporation
|
|
| Docket Date |
2019-06-21
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (36 PAGES)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-05-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-05-03
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
| Docket Date |
2019-05-03
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
GERALD G. SMITH
|
|
|
|
GERALD G. SMITH VS 21ST MORTGAGE CORPORATION
|
4D2019-1124
|
2019-04-22
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE15-020646 (11)
|
Parties
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
GERALD G. SMITH
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
21ST MORTGAGE CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Tim W. Sobczak, Leslie S. White
|
|
| Name |
Hon. Frank Ledee
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
FLORIDA SUPREME COURT CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-04-22
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
| Docket Date |
2222-12-20
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ **RETURNED MAIL RECEIVED FOR APPELLANT. REASON- NO SUCH NUMBER.**
|
|
| Docket Date |
2222-09-16
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ **CASES 19-1124 AND 19-1273 ARE CONSOLIDATED FOR ALL PURPOSES. SEE 09/16/2019 ORDER.**
|
|
| Docket Date |
2020-02-12
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Miscellaneous
|
| Description |
Supreme Court Disposition ~ SC20-203 DISMISSED
|
|
| Docket Date |
2020-02-10
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice of Discretionary Jurisdiction to Supreme Court
|
| On Behalf Of |
GERALD G. SMITH
|
|
| Docket Date |
2020-02-10
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice sent to the Supreme Court
|
|
| Docket Date |
2020-01-31
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-01-31
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-01-09
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2019-09-16
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ ORDERED sua sponte that case numbers 4D19-1124 and 4D19-1273 are consolidated for all purposes. No further action is required of the parties at this time.
|
|
| Docket Date |
2019-07-31
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
21st Mortgage Corporation
|
|
| Docket Date |
2019-07-03
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Corrected Appellant's Initial Brief ~ (CORRECTED AS TO CASE NUMBER)
|
| On Behalf Of |
GERALD G. SMITH
|
|
| Docket Date |
2019-07-02
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
GERALD G. SMITH
|
|
| Docket Date |
2019-06-24
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
21st Mortgage Corporation
|
|
| Docket Date |
2019-05-30
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 794 PAGES (PAGES 1-774)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-05-03
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigent Status
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-04-23
|
| 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, 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. 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 Circuit Court 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 Circuit Court 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 circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2019-04-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-04-22
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
GERALD G. SMITH
|
|
|
|
ANDRE AISNER, et al., VS 21ST MORTGAGE CORP., etc.,
|
3D2018-1686
|
2018-08-17
|
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
12+38453
|
Parties
| Name |
MARIA DEL PILAR HERREROS
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ANDRE AISNER
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
21ST MORTGAGE CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Cary A. Lubetsky, Nicole P. Planell, MICHELLE A. DE LEON, Joshua J. Shore, ARTHUR J. MORBURGER, SONIA HENRIQUES MCDOWELL
|
|
| Name |
Hon. Bertila Soto
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HON. BRONWYN C. MILLER
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-08-12
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2019-08-12
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2019-07-30
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
21ST MORTGAGE CORPORATION
|
|
| Docket Date |
2019-07-24
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Citation
|
|
| Docket Date |
2019-05-06
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ APPELLANT'S REPLY BRIEF
|
| On Behalf Of |
ANDRE AISNER
|
|
| Docket Date |
2019-04-05
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ SUPPLEMENTAL APPENDIX TO ANSWER BRIEF OFAPPELLEE, 21st MORTGAGE CORPORATION, assignee of RESIDENTIAL FUNDING CO., LLC
|
| On Behalf Of |
21ST MORTGAGE CORPORATION
|
|
| Docket Date |
2019-04-05
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
21ST MORTGAGE CORPORATION
|
|
| Docket Date |
2019-04-02
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Mot to Supplement Rec w/attachment Granted (OG13) ~ Appellee’s March 25, 2019 motion to supplement the record is granted, and the record on appeal is supplemented to include the documents which are attached to said motion.
|
|
| Docket Date |
2019-03-29
|
| 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 |
21ST MORTGAGE CORPORATION
|
|
| Docket Date |
2019-03-25
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record ~ APPELLEE'S, 21st MORTGAGE CORP., as assignee ofRESIDENTIAL FUNDING CO., LLC, MOTION TO SUPPLEMENT THE RECORD ON APPEAL
|
| On Behalf Of |
21ST MORTGAGE CORPORATION
|
|
| Docket Date |
2019-03-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Extension granted to file answer brief (OG04) ~ Appellee’s motion for an extension of time to file the answer brief is granted to and including March 29, 2019.
|
|
| Docket Date |
2019-02-26
|
| 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 |
21ST MORTGAGE CORPORATION
|
|
| Docket Date |
2019-02-07
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
|
| Docket Date |
2019-01-18
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
21ST MORTGAGE CORPORATION
|
|
| Docket Date |
2019-01-18
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Stay Granted (OG26) ~ Upon consideration, appellants’ emergency motion to stay writ of possession pending appeal is granted, and the writ of possession is hereby stayed pending further order of this Court. LOGUE, J., and SUAREZ, Senior Judge, concur, and EMAS, C.J., dissents and would deny the motion to stay.
|
|
| Docket Date |
2019-01-17
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Mot to Supplement Rec w/attachment Granted (OG13) ~ Appellants’ December 30, 2018 motion to supplement the record is granted, and the record on appeal is supplemented to include the documents which are attached to said motion.
|
|
| Docket Date |
2019-01-17
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay
|
|
| Docket Date |
2019-01-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Ext-gr initial brief no further extensions (OG03B) ~ Appellants’ second motion for an extension of time to file the initial brief is granted to and including January 31, 2019, with no further extensions allowed. If said brief is not timely filed in accordance with this order, the appeal will be subject to dismissal.
|
|
| Docket Date |
2018-12-31
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
|
| Docket Date |
2018-12-30
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record
|
|
| Docket Date |
2018-10-29
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
|
| Docket Date |
2018-10-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Extension Granted for Initial Brief (OGO3) ~ Appellants’ motion for an extension of time to file the initial brief is granted to and including December 31, 2018.
|
|
| Docket Date |
2018-10-22
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
|
| Docket Date |
2018-08-29
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ Copy of the order designated in the notice of appeal
|
|
| Docket Date |
2018-08-20
|
| Type |
Order
|
| Subtype |
Show Cause re No Order Appealed
|
| Description |
AA TO FILE ORDER APPEALED (OR34) ~ Appellants are ordered to file within ten (10) days from the date of this order a conformed copy of the order or orders designated in the notice of appeal. See Fla. R. App. P. 9.110(d).
|
|
| Docket Date |
2018-08-17
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ ORDER APPEALED NOT ATTACHED.
|
| On Behalf Of |
ANDRE AISNER
|
|
| Docket Date |
2018-08-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-08-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
|
|
STANLEY ROSEN VS HOME ALLY FINANCIAL, LLC., et al.
|
4D2018-1834
|
2018-06-15
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE12-031840
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE14-019680
|
Parties
| Name |
STANLEY ROSEN
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jonathan H. Kline
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
HOME ALLY FINANCIAL, LLC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
PRATIK PATEL, ANTONIA L. JOHNSON, Mark Andrew Levy, Joseph J. Huss, Mary Josephine Walter
|
|
| Name |
21ST MORTGAGE CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Joel T. Lazarus
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-11-06
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
Order Vacated ~ ORDERED that this court's November 5, 2018 order is vacated.
|
|
| Docket Date |
2018-11-05
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ **VACATED**ORDERED that appellant shall file a response, within five (5) days from the date of this order, as to whether case numbers 4D18-1834 and 4D18-3155 should be consolidated. Appellee may file a reply within five (5) days of appellant's response.
|
|
| Docket Date |
2018-11-02
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the November 1, 2018 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2018-11-02
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2018-11-01
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
STANLEY ROSEN
|
|
| Docket Date |
2018-10-31
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
HOME ALLY FINANCIAL, LLC.
|
|
| Docket Date |
2018-10-05
|
| 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 October 4, 2018 motion 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 |
2018-10-04
|
| 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 |
STANLEY ROSEN
|
|
| Docket Date |
2018-09-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's August 22, 2018 motion 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 |
2018-08-22
|
| 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 |
STANLEY ROSEN
|
|
| Docket Date |
2018-07-30
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ ***CORRECTED***
|
| On Behalf Of |
HOME ALLY FINANCIAL, LLC.
|
|
| Docket Date |
2018-07-24
|
| 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 July 16, 2018 motion 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 |
2018-07-18
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
HOME ALLY FINANCIAL, LLC.
|
|
| Docket Date |
2018-07-16
|
| 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 |
STANLEY ROSEN
|
|
| Docket Date |
2018-07-05
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
HOME ALLY FINANCIAL, LLC.
|
|
| Docket Date |
2018-06-18
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2018-06-18
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2018-06-15
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
STANLEY ROSEN
|
|
| Docket Date |
2018-06-15
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
ATHENA BARTON AND LEWIS BARTON VS 21ST MORTGAGE CORPORATION
|
5D2018-1040
|
2018-04-02
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County
2016-CA-006767-O
|
Parties
| Name |
Athena Barton
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Lewis Barton
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
21ST MORTGAGE CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Timothy Sobczak, Leslie S. White
|
|
| Name |
Hon. Renee A. Roche
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Orange Cty Circuit Ct Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-04-04
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee - Civil appeal (300)
|
|
| Docket Date |
2022-12-09
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD EFILED
|
|
| Docket Date |
2022-12-09
|
| Type |
Mandate
|
| Subtype |
Notice Memorandum
|
| Description |
Notice Memorandum
|
|
| Docket Date |
2022-11-18
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk ~ FAILURE TO PROSECUTE
|
|
| Docket Date |
2022-11-18
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Dismissing Appeal
|
|
| Docket Date |
2022-10-26
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Record-on-Appeal ~ AA'S W/IN 10 DYS
|
|
| Docket Date |
2022-10-07
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ AA ENSURE ROA BY 10/24; IB W/IN 10 DYS
|
|
| Docket Date |
2022-09-07
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ AA'S W/IN 10 DYS RE: WHY APPEAL SHOULD NOT PROCEED; BK DISMISSED
|
|
| Docket Date |
2022-09-06
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ PER 9/2 ORDER
|
| On Behalf Of |
21ST MORTGAGE CORPORATION
|
|
| Docket Date |
2022-09-02
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ AE W/I 10 DAYS ADVISE AS TO STATUS OF AAS' BANKRUPTCY PROCEEDINGS
|
|
| Docket Date |
2022-07-01
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ AAS FILE STATUS REPORT W/I 10 DAYS
|
|
| Docket Date |
2022-01-28
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ PER 12/17/21 ORDER
|
| On Behalf Of |
Athena Barton
|
|
| Docket Date |
2021-12-17
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ AA FILE STATUS REPORT W/I 10 DYS
|
|
| Docket Date |
2021-01-04
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ PER 12/18 ORDER
|
| On Behalf Of |
Lewis Barton
|
|
| Docket Date |
2020-12-18
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ STATUS REPORT W/I 10 DAYS
|
|
| Docket Date |
2018-07-03
|
| Type |
Order
|
| Subtype |
Order re Stay
|
| Description |
ORD-Case Stayed Pending Bankruptcy ~ AAS FILE STATUS REPORT W/IN 6 MONTHS
|
|
| Docket Date |
2018-06-22
|
| Type |
Notice
|
| Subtype |
Suggestion of Bankruptcy
|
| Description |
Suggestion of Bankruptcy ~ PS LEWIS BARTON
|
| On Behalf Of |
Lewis Barton
|
|
| Docket Date |
2018-06-12
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-File Response to Clerk's Notice ~ W/IN 10 DAYS; AND AAS ADVISE W/IN 10 DAYS IF PARTIES TO BANKRUPTCY; REPLY W/IN 10 DAYS OF RESPONSE
|
|
| Docket Date |
2018-06-11
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ INABILITY TO COMPLETE ROA
|
|
| Docket Date |
2018-05-08
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
21ST MORTGAGE CORPORATION
|
|
| Docket Date |
2018-04-11
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ FILED BELOW 4/10/18
|
| On Behalf Of |
Athena Barton
|
|
| Docket Date |
2018-04-04
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2018-04-02
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-04-02
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 4/2/18
|
| On Behalf Of |
Athena Barton
|
|
|
|
SOUTH BEACH MORTGAGE & INVESTMENT CORP., VS 21ST MORTGAGE CORPORATION, etc.,
|
3D2018-0235
|
2018-02-07
|
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
12-38453
|
Parties
| Name |
SOUTH BEACH MORTGAGE & INVESTMENT CORP.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
ARTHUR J. MORBURGER, Harvey D. Rogers
|
|
| Name |
21ST MORTGAGE CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
John L. Penson, Cary A. Lubetsky, Joshua J. Shore, Nicole P. Planell
|
|
| Name |
HON. BRONWYN C. MILLER
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Bertila Soto
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-03-13
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ Vacated 4/2/18
|
|
| Docket Date |
2018-04-02
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
|
| Docket Date |
2019-05-24
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2019-05-24
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2019-05-08
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2019-02-21
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
SOUTH BEACH MORTGAGE & INVESTMENT CORP.
|
|
| Docket Date |
2018-11-14
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
SOUTH BEACH MORTGAGE & INVESTMENT CORP.
|
|
| Docket Date |
2018-10-15
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
SOUTH BEACH MORTGAGE & INVESTMENT CORP.
|
|
| Docket Date |
2018-10-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ RB-30 days to 11/14/18
|
|
| Docket Date |
2018-09-20
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Mot to Supplement Rec w/attachment Granted (OG13) ~ Appellee’s September 17, 2018 unopposed motion to supplement the record is granted, and the record on appeal is supplemented to include the documents which are attached to said motion.
|
|
| Docket Date |
2018-09-20
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ OF APPELLEE, 21ST MORTGAGE CORP., assignee of RESIDENTIAL FUNDING CO., LLC
|
| On Behalf Of |
21ST MORTGAGE CORPORATION
|
|
| Docket Date |
2018-09-17
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record ~ Unopposed.
|
| On Behalf Of |
21ST MORTGAGE CORPORATION
|
|
| Docket Date |
2018-09-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-10 days to 9/17/18
|
|
| Docket Date |
2018-09-06
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
21ST MORTGAGE CORPORATION
|
|
| Docket Date |
2018-08-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ AB-30 days to 9/6/18
|
|
| Docket Date |
2018-08-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
21ST MORTGAGE CORPORATION
|
|
| Docket Date |
2018-07-16
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
SOUTH BEACH MORTGAGE & INVESTMENT CORP.
|
|
| Docket Date |
2018-06-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ IB-39 days to 7/15/18
|
|
| Docket Date |
2018-06-18
|
| 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 |
SOUTH BEACH MORTGAGE & INVESTMENT CORP.
|
|
| Docket Date |
2018-05-07
|
| 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 |
SOUTH BEACH MORTGAGE & INVESTMENT CORP.
|
|
| Docket Date |
2018-05-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ IB-30 days to 6/6/18
|
|
| Docket Date |
2018-04-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
Reinstatement Gr and Dism Ord Vacated (OG40A) ~ Upon consideration, appellant's motion for rehearing is granted, and this Court's order of March 13, 2018 is hereby vacated and the appeal is reinstated.
|
|
| Docket Date |
2018-03-16
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
21ST MORTGAGE CORPORATION
|
|
| Docket Date |
2018-03-15
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ $300 filing fee in vault
|
| On Behalf Of |
SOUTH BEACH MORTGAGE & INVESTMENT CORP.
|
|
| Docket Date |
2018-03-13
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Dismissal for Failure to Comply (DA11H) ~ [Vacated 4/2/18] Upon the Court's own motion, it is ordered that this appeal from the Circuit Court for Miami-Dade County, Florida is dismissed for failure to comply with this Court's order dated February 14, 2018, and with the Florida Rules of Appellate Procedure.
|
|
| Docket Date |
2018-02-14
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for appellant that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred ($300.00) dollar fee is paid to the Clerk of the Court on or before
|
|
| Docket Date |
2018-02-07
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-02-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. ** The $300 filing fee for an appeal is due.
|
|
| Docket Date |
2018-02-07
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
SOUTH BEACH MORTGAGE & INVESTMENT CORP.
|
|
|
|
21ST MORTGAGE CORPORATION VS MANILA LAKMAITREE, et al.
|
4D2016-3936
|
2016-11-23
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE15-011997
|
Parties
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
21ST MORTGAGE CORPORATION
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Nicole Planell, Sonia Henriques McDowell
|
|
| Name |
UNKNOWN SPOUSE OF MANILA LAKMAITREE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MANILA LAKMAITREE
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Brian K. Korte, Daniel W. Bialczak
|
|
| Name |
MANYVONE LAKMAITREE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
UNKNOWN TENANT IN POSSESSION #2
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. KATHLEEN D. IRELAND (DNU)
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Lisa S. Small
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-01-26
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Miscellaneous
|
| Description |
Supreme Court Disposition ~ SC17-1620 DIMISSED
|
|
| Docket Date |
2019-11-25
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Order
|
| Description |
Misc. Supreme Court Order ~ SC17-1620 STAYED PENDING SC19-1137
|
|
| Docket Date |
2018-02-14
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Order
|
| Description |
Misc. Supreme Court Order ~ SC17-1620 (CASE STAYED)
|
|
| Docket Date |
2017-09-22
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2017-09-15
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Ack. Receipt from Supreme Court ~ SC17-1620 (AMENDED)
|
|
| Docket Date |
2017-09-06
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Ack. Receipt from Supreme Court ~ SC17-1620
|
|
| Docket Date |
2017-09-05
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice sent to the Supreme Court
|
|
| Docket Date |
2017-09-01
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2017-09-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
| Description |
Order Denying Reconsideration ~ ORDERED that the appellee's August 14, 2017 motion for reconsideration of the August 3, 2017 order of denial of appellate attorney's fees, motion for opinion on the denial of appellate attorney's fees to the prevailing party on appeal and motion to certify question of conflict and great public importance is denied. See Nationstar Mtg. LLC v. Glass, 219 So. 3d 896 (Fla. 4th DCA 2017).
|
|
| Docket Date |
2017-09-01
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice of Discretionary Jurisdiction to Supreme Court ~ (AMENDED)
|
| On Behalf Of |
MANILA LAKMAITREE
|
|
| Docket Date |
2017-09-01
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice sent to the Supreme Court
|
|
| Docket Date |
2017-08-31
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice of Discretionary Jurisdiction to Supreme Court
|
| On Behalf Of |
MANILA LAKMAITREE
|
|
| Docket Date |
2017-08-14
|
| Type |
Motions Other
|
| Subtype |
Motion for Reconsideration/Rehearing of an Order
|
| Description |
Motion For Reconsideration ~ OF THE AUGUST 3, 2017 ORDER, MOTION FOR OPINION ON THE DENIAL *AND* MOTION TO CERTIFY QUESTION
|
| On Behalf Of |
MANILA LAKMAITREE
|
|
| Docket Date |
2017-08-03
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that the appellant 21st Mortgage Corporation's February 16, 2017 motion for Fla. R. App. P. 9.400(a) & (b) attorneys’ fees & costs is denied. FurtherORDERED that the appellee Manila Lakmaitree's March 30, 2017 and April 26, 2017 motions for attorneys' fees and costs are denied
|
|
| Docket Date |
2017-08-03
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2017-05-09
|
| 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 |
2017-04-26
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ (AMENDED)
|
| On Behalf Of |
MANILA LAKMAITREE
|
|
| Docket Date |
2017-04-25
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
21st Mortgage Corporation
|
|
| Docket Date |
2017-04-17
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ 7 DAYS TO 4/26/17
|
| On Behalf Of |
21st Mortgage Corporation
|
|
| Docket Date |
2017-03-30
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ AMENDED MOTION FILED 4/26/17.
|
| On Behalf Of |
MANILA LAKMAITREE
|
|
| Docket Date |
2017-03-29
|
| 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 March 22, 2017 motion for extension of time is granted, and appellee shall serve the answer brief within one (1) week 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 |
2017-03-29
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
MANILA LAKMAITREE
|
|
| Docket Date |
2017-03-29
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion For Substitution of Counsel
|
| Description |
Stipulation for Substitution of Counsel ~ "NOTICE OF CHANGE OF LEAD COUNSEL"
|
| On Behalf Of |
21st Mortgage Corporation
|
|
| Docket Date |
2017-03-22
|
| 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 |
MANILA LAKMAITREE
|
|
| Docket Date |
2017-03-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ TO 03/22/17
|
| On Behalf Of |
MANILA LAKMAITREE
|
|
| Docket Date |
2017-02-16
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
21st Mortgage Corporation
|
|
| Docket Date |
2017-02-16
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
21st Mortgage Corporation
|
|
| Docket Date |
2017-02-15
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
21st Mortgage Corporation
|
|
| Docket Date |
2017-02-10
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellant's February 7, 2017 motion to supplement the record is granted, and the record is supplemented to include the document referenced in the motion. Said supplemental record is deemed filed as of the date of this order.
|
|
| Docket Date |
2017-02-10
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
21st Mortgage Corporation
|
|
| Docket Date |
2017-02-09
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
Received Exhibits
|
|
| Docket Date |
2017-02-07
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Mot. file supp'l ROA & toll time
|
| On Behalf Of |
21st Mortgage Corporation
|
|
| Docket Date |
2017-02-03
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (252 PAGES)
|
|
| Docket Date |
2017-02-02
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-Discharging Show Cause ~ ORDERED that upon consideration of appellant's January 31, 2017 notice of agreed extension of time to file the initial brief, this court's February 1, 2017 order to show cause is discharged.
|
|
| Docket Date |
2017-02-01
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED** ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before February 11, 2017, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2017-01-31
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 14 DAYS TO 2/15/17
|
| On Behalf Of |
21st Mortgage Corporation
|
|
| Docket Date |
2016-12-12
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ FINAL ORDER
|
| On Behalf Of |
21st Mortgage Corporation
|
|
| Docket Date |
2016-11-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2016-11-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
21st Mortgage Corporation
|
|
| Docket Date |
2016-11-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-11-23
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
Aplnt to Obtain Final Order-Per Dobrick ~ It appearing that the order to which the Notice of Appeal is directed is a non-appealable, non-final order, appellant(s) shall have thirty (30) days from the date of this order to obtain a final order and to file a copy in this court. Failure to do so will result in sua sponte dismissal of the appeal. See Fla. R. App. P. 9.110(l); Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); see also Paulino v. BJ's Wholesale Club, Inc., 106 So. 3d 985, 987 (Fla. 4th DCA 2013) ("On the other hand, it is well-established that an order which merely grants a motion to dismiss, as contrasted with an order dismissing a complaint or an action, is not a final order."). ORDERED that the trial court is specifically authorized, pursuant to Florida Rule of Appellate Procedure 9.600(b), upon appropriate application, to enter a final order in these proceedings.
|
|
|
|
MARK C. STROHM and CYNTHIA STROHM VS 21ST MORTGAGE, etc. et al
|
4D2014-2773
|
2014-07-25
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
12-032145 CACE 11
|
Parties
| Name |
Mark C. Strohm
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Thomas E. Ice, Amanda Lundergan
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Cynthia Strohm
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
RESIDENTIAL FUNDING COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
21ST MORTGAGE CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Sonia Henriques McDowell, SONYA K. DAWS
|
|
| Name |
Hon. Marina Garcia-Wood
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-09-22
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney's Fees ~ ORDERED that appellee's January 29, 2016 motion for attorneys' 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 is denied without prejudice to file a motion for costs in the trial court.
|
|
| Docket Date |
2016-08-29
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2016-08-29
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the August 24, 2016 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2016-08-24
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Mark C. Strohm
|
|
| Docket Date |
2016-07-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORD-Granting EOT for Relinquishment of Juris. ~ ORDERED that appellants' July 18, 2016 unopposed motion for extension of relinquishment period is granted. Relinquishment of jurisdiction to the trial court is continued for thirty (30) days.The appellants shall forward to this court a copy of any order issued during relinquishment. It is further ordered that the appellants shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellants to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
| Docket Date |
2016-07-18
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
Mark C. Strohm
|
|
| Docket Date |
2016-06-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORD-Granting EOT for Relinquishment of Juris. ~ ORDERED that appellants' June 20, 2016 unopposed motion for extension of relinquishment period is granted. Relinquishment of jurisdiction to the trial court is continued for thirty (30) days.The appellants shall forward to this court a copy of any order issued during relinquishment. It is further ordered that the appellants shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellants to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
| Docket Date |
2016-06-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
Mark C. Strohm
|
|
| Docket Date |
2016-04-22
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Order Granting Relinquishment of Jurisdiction ~ ORDERED that appellants' March 23, 2016 unopposed motion to relinquish jurisdiction is granted. Jurisdiction is relinquished to the trial court for sixty (60) days for the purposes of finalizing a settlement. The appellants shall forward to this court a copy of any order issued during relinquishment. It is further ordered that the appellants shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellants to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
| Docket Date |
2016-03-23
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
|
| On Behalf Of |
Mark C. Strohm
|
|
| Docket Date |
2016-03-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORD-Reply Brief to be Served ~ **NFE ABSENT DETAILED EXPLANATION**ORDERED that appellants' March 17, 2016 unopposed motion for extension of time is granted, and appellants shall serve the reply brief on or before March 28, 2016. In addition, if the reply brief is served after the time provided for in this order, it will be subject to being stricken, or the court in its discretion may impose other sanctions. Appellants are advised that no further extensions will be granted absent a detailed explanation for why the reply brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant.
|
|
| Docket Date |
2016-03-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
Mark C. Strohm
|
|
| Docket Date |
2016-02-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ 30 DAYS TO 03/18/16
|
| On Behalf Of |
Mark C. Strohm
|
|
| Docket Date |
2016-01-29
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ (AMENDED)
|
| On Behalf Of |
21st Mortgage Corporation
|
|
| Docket Date |
2016-01-28
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
21st Mortgage Corporation
|
|
| Docket Date |
2016-01-28
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **SEE AMENDED MOTION FILED 1/29/16**
|
| On Behalf Of |
21st Mortgage Corporation
|
|
| Docket Date |
2015-12-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 01/27/16
|
| On Behalf Of |
21st Mortgage Corporation
|
|
| Docket Date |
2015-11-17
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 12/28/15
|
| On Behalf Of |
21st Mortgage Corporation
|
|
| Docket Date |
2015-11-13
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that the appellants' November 9, 2015 motion to supplement the record on appeal is granted, and the record is supplemented to include the trial exhibits. Said supplemental record is deemed filed as of the date of this order.
|
|
| Docket Date |
2015-11-13
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ ONE (1) **SEE 11/13/15 ORDER**
|
| On Behalf Of |
Mark C. Strohm
|
|
| Docket Date |
2015-11-12
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Mark C. Strohm
|
|
| Docket Date |
2015-11-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ **FINAL** ORDERED that appellants' November 6, 2015 motion for extension of time is granted, and appellants' initial brief shall be filed by November 12, 2015 or the appeal will be dismissed. This is the final extension of time that will be permitted for this purpose.
|
|
| Docket Date |
2015-11-09
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Mark C. Strohm
|
|
| Docket Date |
2015-11-09
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
Objection ~ TO MOTION FOR EXT. OF TIME
|
| On Behalf Of |
21st Mortgage Corporation
|
|
| Docket Date |
2015-11-06
|
| 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 |
Mark C. Strohm
|
|
| Docket Date |
2015-10-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants' October 12, 2015 motion for extension of time is granted, and appellants shall serve the initial brief within fifteen (15) 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 |
2015-10-14
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
Objection ~ TO MOTION FOR EXT. OF TIME
|
| On Behalf Of |
21st Mortgage Corporation
|
|
| Docket Date |
2015-10-12
|
| 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 |
Mark C. Strohm
|
|
| Docket Date |
2015-09-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants' September 14, 2015 motion for extension of time is granted, and appellants shall serve the initial brief within fifteen (15) 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 |
2015-09-15
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
Objection ~ TO MOTION FOR EXT. OF TIME
|
| On Behalf Of |
21st Mortgage Corporation
|
|
| Docket Date |
2015-09-14
|
| 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 |
Mark C. Strohm
|
|
| Docket Date |
2015-08-25
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that the appellants' August 4, 2015 motion to supplement the record on appeal is granted, and the record is supplemented to include the transcript of the trial dated June 2, 2014. Said supplemental record is deemed filed as of the date of this order.
|
|
| Docket Date |
2015-08-25
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ ONE (1) **SEE 8/25/15 ORDER**
|
| On Behalf Of |
Mark C. Strohm
|
|
| Docket Date |
2015-08-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants' August 6, 2015 motion for extension of time is granted, and appellants 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 |
2015-08-07
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
Objection
|
| On Behalf Of |
21st Mortgage Corporation
|
|
| Docket Date |
2015-08-06
|
| 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 |
Mark C. Strohm
|
|
| Docket Date |
2015-08-04
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Mark C. Strohm
|
|
| Docket Date |
2015-06-05
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-Withdraw as Counsel ~ The June 2, 2015 motion of Busch White Norton, LLP, counsel for appellee, 21ST Mortgage, etc., to withdraw as counsel is granted. This court notes that Quintairos, Prieto, Wood & Boyer, P.A. have filed a notice of appearance on behalf of the appellee.
|
|
| Docket Date |
2015-06-02
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
21st Mortgage Corporation
|
|
| Docket Date |
2015-06-01
|
| Type |
Order
|
| Subtype |
Order re Stay
|
| Description |
Stay is lifted, case to proceed ~ ORDERED that the stay entered on February 6, 2015, is lifted and the above-styled appeal shall proceed; further,ORDERED that the appellants shall serve the initial brief within seventy (70) 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 will be subject to dismissal, or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2015-06-01
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
21st Mortgage Corporation
|
|
| Docket Date |
2015-05-27
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ WITH ATTACHED ORDER GRANTING STAY RELIEF
|
| On Behalf Of |
Mark C. Strohm
|
|
| Docket Date |
2015-05-07
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ BANKRUPTCY PROCEEDINGS ARE STILL PENDING
|
| On Behalf Of |
Mark C. Strohm
|
|
| Docket Date |
2015-02-06
|
| Type |
Order
|
| Subtype |
Order Bankruptcy
|
| Description |
ORD-Case Stayed Pending Bankruptcy ~ A suggestion of bankruptcy having been filed, and it appearing that no cause exists as to why the entire above-styled appeal should not be stayed by virtue of 11 U.S.C. section 362, it is ORDERED:This appeal is stayed. If the bankruptcy case becomes closed, dismissed, or modified to permit this appeal to proceed, then appellants' counsel shall promptly, and in no event later than twenty (20) days after the event has occurred, notify this Court in writing that this appeal may proceed.Unless this appeal is voluntarily dismissed, appellants' counsel, within ninety (90) days from the date of this order, and then every ninety (90) days thereafter, shall notify this Court as to the status of the bankruptcy case.
|
|
| Docket Date |
2015-02-04
|
| Type |
Notice
|
| Subtype |
Suggestion of Bankruptcy
|
| Description |
Suggestion of Bankruptcy ~ AA Amanda L. Lundergan 0074883
|
|
| Docket Date |
2015-01-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants' motion filed January 6, 2015, for extension of time, is granted and appellants shall serve the initial brief within ninety (90) 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 |
2015-01-07
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
Received Exhibits
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2015-01-06
|
| 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 |
Mark C. Strohm
|
|
| Docket Date |
2015-01-06
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ TWO (2) VOLUMES
|
|
| Docket Date |
2014-12-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Record
|
| Description |
ORD-Grant EOT to Complete ROA ~ ORDERED that appellants' motion filed November 24, 2014, for extension of time, is granted and the time for the clerk of the circuit court to prepare the record on appeal and serve the index thereto is hereby extended thirty (30) days from the date of this order. All other time frames are hereby extended accordingly. See Florida Rule of Appellate Procedure 9.300(b).
|
|
| Docket Date |
2014-12-01
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
Objection ~ TO MOTION FOR EXT. OF TIME
|
| On Behalf Of |
21st Mortgage Corporation
|
|
| Docket Date |
2014-11-24
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time for Record
|
| Description |
Motion Extension of Time To File Record ~ (GRANTED 12/10/14)
|
| On Behalf Of |
Mark C. Strohm
|
|
| Docket Date |
2014-10-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Record
|
| Description |
ORD-Grant EOT to Complete ROA ~ ORDERED that appellants' motion filed October 17, 2014, for extension of time is granted, and the time for the clerk of the circuit court to prepare the record on appeal and serve the index thereto is hereby extended thirty (30) days from the date of this order. All other time frames are hereby extended accordingly. See Florida Rule of Appellate Procedure 9.300(b).
|
|
| Docket Date |
2014-10-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time for Record
|
| Description |
Motion Extension of Time To File Record
|
| On Behalf Of |
Mark C. Strohm
|
|
| Docket Date |
2014-09-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Record
|
| Description |
ORD-Grant EOT to Complete ROA ~ ORDERED that the clerk's motion for extension of time filed September 12, 2014, is granted, and the time for the clerk of the circuit court to prepare the record on appeal and serve the index thereto is hereby extended thirty (30) days from the date of this order. All other time frames are hereby extended accordingly. See Florida Rule of Appellate Procedure 9.300(b).
|
|
| Docket Date |
2014-09-15
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ & DESIGNATION OF E-MAIL ADDRESSES
|
| On Behalf Of |
21st Mortgage Corporation
|
|
| Docket Date |
2014-09-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time for Record
|
| Description |
Motion Extension of Time To Complete ROA
|
|
| Docket Date |
2014-07-29
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
**DNU** order appealed ~ ("NOTICE OF FILING")
|
|
| Docket Date |
2014-07-29
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2014-07-29
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this Court within ten (10) days from the date of the entry of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the notice of appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4DCA 1997). Failure of the attorney to pay will result in referral to the Florida Department of Banking and Finance for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2014-07-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Mark C. Strohm
|
|
| Docket Date |
2014-07-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
ENMA RADSON VS 21ST MORTGAGE CORPORATION
|
4D2014-2103
|
2014-06-06
|
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
CACE07009453
|
Parties
| Name |
ENMA RADSON
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
21ST MORTGAGE CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
MAHIRA Q. KHAN, DEBBIE SATYAL, QUINTAIROS, PRIETO, ETC.
|
|
| Name |
Hon. Joel T. Lazarus
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-05-18
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2015-05-18
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the May 11, 2015 notice of voluntary dismissal with prejudice, this case is dismissed; further,ORDERED that the appellee's March 26, 2015 motion for consolidation of appellate cases is denied as moot.
|
|
| Docket Date |
2015-05-11
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ **DISMISSED 5/18/15**
|
| On Behalf Of |
ENMA RADSON
|
|
| Docket Date |
2015-04-22
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellant to File Response ~ ORDERED that appellants are directed to file, within ten (10) days from the date of this order, a response to appellee's motion to consolidate.
|
|
| Docket Date |
2015-04-22
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
21st Mortgage Corporation
|
|
| Docket Date |
2015-04-02
|
| 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 motion filed March 23, 2015, for extension of time, is granted and appellee shall serve the answer brief within twenty (20) 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 |
2015-03-26
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ (MOOT) WITH 14-4251 AND 15-404
|
| On Behalf Of |
21st Mortgage Corporation
|
|
| Docket Date |
2015-03-23
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ (GRANTED 4/2/15)
|
| On Behalf Of |
21st Mortgage Corporation
|
|
| Docket Date |
2015-02-18
|
| 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 motion filed February 5, 2015, 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 |
2015-02-05
|
| 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 |
21st Mortgage Corporation
|
|
| Docket Date |
2015-01-06
|
| 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 motion filed December 23, 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 |
2014-12-23
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ (GRANTED 1/6/15)
|
| On Behalf Of |
21st Mortgage Corporation
|
|
| Docket Date |
2014-11-24
|
| 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 motion filed November 7, 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 |
2014-11-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
21st Mortgage Corporation
|
|
| Docket Date |
2014-10-08
|
| 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 motion filed September 22, 2014, to dismiss appeal is denied, and Appellee shall serve the answer brief within thirty (30) days from the date of this order.
|
|
| Docket Date |
2014-09-22
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ LATE FILED INITIAL BRIEF *OR* MOTION FOR EXT. OF TIME TO FILE ANSWER BRIEF (DENIED 10/8/14)
|
| On Behalf Of |
21st Mortgage Corporation
|
|
| Docket Date |
2014-09-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
|
| Docket Date |
2014-07-17
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO INITIAL BRIEF
|
| On Behalf Of |
ENMA RADSON
|
|
| Docket Date |
2014-07-17
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
ENMA RADSON
|
|
| Docket Date |
2014-07-03
|
| 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 July 14, 2014, 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 |
2014-06-11
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2014-06-11
|
| Type |
Order
|
| Subtype |
Order Reclassifying Case
|
| Description |
ORD-Final Appeal Treated as Non-Final ~ ORDERED, on the court's own motion, that the court hereby determines that this appeal seeks review of a non-final order, rather than a final order. Appellant shall serve an initial brief and an accompanying appendix within fifteen (15) days of this order. See Florida Rules of Appellate Procedure 9.130(e) and 9.220. The clerk of the lower tribunal shall not transmit a record on appeal unless ordered by this court.
|
|
| Docket Date |
2014-06-06
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
ENMA RADSON
|
|
| Docket Date |
2014-06-06
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
