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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|
|
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
|
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
|
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.
|
|
|
MARIA N. VAZQUEZ, VS 21ST MORTGAGE CORP., etc.,
|
3D2017-2693
|
2017-12-12
|
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 N. VAZQUEZ
|
Role |
Appellant
|
Status |
Active
|
|
Name |
21ST MORTGAGE CORPORATION
|
Role |
Appellee
|
Status |
Active
|
Representations |
Cary A. Lubetsky, STEVEN A. ROSEN, Joshua J. Shore, Nicole P. Planell, ARTHUR J. MORBURGER
|
|
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 |
2018-02-22
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Record on Appeal
|
|
Docket Date |
2018-01-30
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2018-01-30
|
Type |
Notice
|
Subtype |
Voluntary Dismissal
|
Description |
Voluntary Dismissal Recognized (OG33) ~ ORDERED that appellant's notice of voluntary dismissal is recognized by the Court, and this appeal from the Circuit Court for Miami-Dade County, Florida is hereby dismissed.
|
|
Docket Date |
2018-01-30
|
Type |
Disposition by Opinion
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2018-01-30
|
Type |
Mandate
|
Subtype |
Disp. w/o Mandate
|
Description |
Disp w/o mandate
|
|
Docket Date |
2018-01-29
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal
|
On Behalf Of |
MARIA N. VAZQUEZ
|
|
Docket Date |
2017-12-13
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ CERTIFIED.
|
|
Docket Date |
2017-12-12
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments.
|
|
Docket Date |
2017-12-12
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2017-12-12
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ NOT CERTIFIED. ORDER APPEALED NOT ATTACHED.
|
On Behalf Of |
MARIA N. VAZQUEZ
|
|
|
GREEN EMERALD HOMES, L L C VS 21ST MORTGAGE CORPORATION
|
2D2017-2192
|
2017-05-24
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
14-CA-8036
|
Parties
Name |
GREEN EMERALD HOMES, L L C
|
Role |
Appellant
|
Status |
Active
|
Representations |
RICHARD J. MOCKLER, ESQ., ANGELA L. LEINER, ESQ.
|
|
Name |
21ST MORTGAGE CORPORATION
|
Role |
Appellee
|
Status |
Active
|
Representations |
LESLIE S. WHITE, ESQ., TIM W. SOBCZAK, ESQ.
|
|
Name |
HILLSBOROUGH CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2017-05-24
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
GREEN EMERALD HOMES, L L C
|
|
Docket Date |
2017-05-26
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2017-05-24
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2019-08-06
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2019-07-17
|
Type |
Order
|
Subtype |
Order on Motion To Withdraw as Counsel
|
Description |
ORDER GRANTING TO WITHDRAW AS COUNSEL ~ The motion to withdraw as counsel for the Appellant filed by Latasha Scott and Lord Scott, PLLC is granted. Attorney Scott and Lord Scott, PLLC are relieved of further appellate responsibilities. Attorney Richard J. Mocker of Stay In My Home, P.A. and Attorney Angela L. Leiner of The Law Office of Angela L. Leiner, P.A., remain counsel of record for the Appellant.The motion to withdraw as counsel for the Appellee filed by Dariel Abrahamy and Greenspoon Marder, P.A. is granted. Attorney Abrahamy and Greenspoon Marder, P.A. are relieved of further appellate responsibilities. Attorneys Leslie S. White and Tim W. Sobczak of Dean, Mead, Egerton, Bloodworth, Capouano & Bozarth, P.A., remain counsel of record for the Appellee.
|
|
Docket Date |
2019-06-18
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ CT CORPORATION SYSTEM IS NOT A PARTY TO THIS APPEAL
|
|
Docket Date |
2019-06-07
|
Type |
Disposition by Opinion
|
Subtype |
Reversed
|
Description |
Reversed - Authored Opinion ~ and remanded with instructions.
|
|
Docket Date |
2019-06-07
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Attorney Fees/Appellant ~ Appellant's motion for appellate attorney's fees is denied.
|
|
Docket Date |
2019-03-14
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ BANKRUPTCY COURT ORDER
|
On Behalf Of |
21ST MORTGAGE CORPORATION
|
|
Docket Date |
2019-01-14
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
GREEN EMERALD HOMES, L L C
|
|
Docket Date |
2019-01-03
|
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 |
2018-12-31
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion To Withdraw as Counsel
|
Description |
Motion To Withdraw as Counsel
|
On Behalf Of |
GREEN EMERALD HOMES, L L C
|
|
Docket Date |
2018-12-31
|
Type |
Order
|
Subtype |
Order
|
Description |
ORD-SUA SPONTE ~ This court acknowledges the expiration of the stay extension in bankruptcy proceeding in case 8:18-bk-08436-RCT, United States Bankruptcy Court, Middle District of Florida. This appeal shall proceed.
|
|
Docket Date |
2018-11-16
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report ~ STATUS REPORT AND NOTICE OF FILING OF ORDER CONFIRMING THEAUTOMATIC STAY PROVIDED BY 11 U.S.C. § 362 REMAINS IN EFFECT
|
|
Docket Date |
2018-10-23
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ This court is prevented from any action in this appeal due to the stay imposed by the October 12, 2018, order entered by the United States Bankruptcy Court, Middle District of Florida, in case 8:18-bk-08436-RCT, unless the Trustee executes a consent or a party otherwise receives stay relief from the bankruptcy court which at this time has jurisdiction.It is ORDERED that the bankruptcy trustee shall, and the parties may, inform this court when the bankruptcy court grants relief from the stay or file a status report by November 16, 2018, whichever occurs first. The status report shall be served on all parties as required by Florida Rule of Judicial Administration 2.516(a).
|
|
Docket Date |
2018-10-18
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing
|
|
Docket Date |
2018-08-29
|
Type |
Order
|
Subtype |
Order on Motion To Withdraw as Counsel
|
Description |
ORDER GRANTING TO WITHDRAW AS COUNSEL ~ The motion to withdraw as counsel for the appellant filed by Attorney Mark Stopa is granted. Attorney Stopa is relieved of further appellate responsibilities. Attorney Richard J. Mockler and Stay In My Home, P.A., and Attorney Latasha Scott and Lord Scott PLLC, remains counsel of record for the appellant.
|
|
Docket Date |
2018-08-28
|
Type |
Misc. Events
|
Subtype |
Oral Argument Date Set
|
Description |
Oral Argument Date Set ~ Tampa
|
|
Docket Date |
2018-08-27
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
GREEN EMERALD HOMES, L L C
|
|
Docket Date |
2018-08-24
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
GREEN EMERALD HOMES, L L C
|
|
Docket Date |
2018-08-24
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion To Withdraw as Counsel
|
Description |
Motion To Withdraw as Counsel
|
On Behalf Of |
GREEN EMERALD HOMES, L L C
|
|
Docket Date |
2018-06-05
|
Type |
Order
|
Subtype |
Order on Motion/Request for Oral Argument
|
Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on TUESDAY, AUGUST 28, 2018, at 9:30 A.M., before: Judge Craig C. Villanti, Judge Samuel J. Salario, Jr., Judge Susan H. Rothstein-Youakim. Oral argument will occur at the Second District Court of Appeal, Tampa Branch Headquarters, in the courtroom of the Stetson University College Of Law, Tampa Campus, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the receptionist by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument in this proceeding, the attorneys or parties will be notified by order no less than two weeks before the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.
|
|
Docket Date |
2018-04-16
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant Reply Brief
|
On Behalf Of |
GREEN EMERALD HOMES, L L C
|
|
Docket Date |
2018-03-27
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
Description |
ORDER GRANTING APPELLANT'S REPLY BRIEF ~ Appellant's motion for extension of time is granted, and the reply brief shall beserved within 30 days. Appellee’s objection is noted.
|
|
Docket Date |
2018-03-21
|
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 |
GREEN EMERALD HOMES, L L C
|
|
Docket Date |
2018-02-19
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30 - RB due 03/21/18
|
On Behalf Of |
GREEN EMERALD HOMES, L L C
|
|
Docket Date |
2018-01-29
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee Answer Brief
|
On Behalf Of |
21ST MORTGAGE CORPORATION
|
|
Docket Date |
2018-01-24
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ ADDITION - 12 PAGES
|
|
Docket Date |
2018-01-03
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 21- AB DUE 01/29/18
|
On Behalf Of |
21ST MORTGAGE CORPORATION
|
|
Docket Date |
2017-12-21
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
21ST MORTGAGE CORPORATION
|
|
Docket Date |
2017-12-18
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
GREEN EMERALD HOMES, L L C
|
|
Docket Date |
2017-12-18
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
GREEN EMERALD HOMES, L L C
|
|
Docket Date |
2017-12-14
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits
|
On Behalf Of |
GREEN EMERALD HOMES, L L C
|
|
Docket Date |
2017-12-04
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ REDACTED - 137 PAGES
|
|
Docket Date |
2017-11-16
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motions for extensions of time are granted to the extent that Appellant shall serve the initial brief within twenty-eight days of the date of this order. Absent extraordinary circumstances, additional requests for extensions of time will not be considered.
|
|
Docket Date |
2017-11-02
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
Description |
Motion Supplemental Record & Eot For Brief
|
On Behalf Of |
GREEN EMERALD HOMES, L L C
|
|
Docket Date |
2017-11-02
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
GREEN EMERALD HOMES, L L C
|
|
Docket Date |
2017-10-30
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
|
On Behalf Of |
GREEN EMERALD HOMES, L L C
|
|
Docket Date |
2017-10-11
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
grant eot for IB - unlikely ~ Appellant's motion for extension of time is granted, and the initial brief shall be served by October 30, 2017. However, further motions for extension of time are unlikely to receive favorable consideration.
|
|
Docket Date |
2017-09-29
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
|
On Behalf Of |
GREEN EMERALD HOMES, L L C
|
|
Docket Date |
2017-08-30
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30- IB DUE 09/29/17
|
On Behalf Of |
GREEN EMERALD HOMES, L L C
|
|
Docket Date |
2017-07-31
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30- IB DUE 08/30/17
|
On Behalf Of |
GREEN EMERALD HOMES, L L C
|
|
Docket Date |
2017-07-05
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ LEVENS - REDACTED - 261 PAGES
|
|
Docket Date |
2017-06-01
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
21ST MORTGAGE CORPORATION
|
|
Docket Date |
2017-05-26
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
fee - civil; atty
|
|
|
MARY JEAN ZISKA VS 21ST MORTGAGE CORPORATION
|
2D2017-1909
|
2017-05-10
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
15-CA-1170
|
Parties
Name |
MARY JEAN ZISKA
|
Role |
Appellant
|
Status |
Active
|
|
Name |
21ST MORTGAGE CORPORATION
|
Role |
Appellee
|
Status |
Active
|
Representations |
NICOLE P. PLANELL, ESQ.
|
|
Name |
HON. HUGH D. HAYES
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
COLLIER CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2019-05-06
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2019-08-16
|
Type |
Response
|
Subtype |
Objection
|
Description |
OBJECTION ~ APPELLANT MARY JEAN ZISKA'S OBJECTION TO THE NOTICE OF INTENT TO DISPOSE OF EXHIBITS FILED BY APPELLEE, JULY 16 2019
|
On Behalf Of |
MARY JEAN ZISKA
|
|
Docket Date |
2019-04-10
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing
|
Description |
ORD-DENYING REHEARING
|
|
Docket Date |
2019-01-02
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion for Rehearing / Rehearing En Banc ~ , MOTION FOR CERTIFICATION, MOTION FOR CLARIFICATION
|
On Behalf Of |
MARY JEAN ZISKA
|
|
Docket Date |
2018-12-19
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2018-11-13
|
Type |
Order
|
Subtype |
Order
|
Description |
ORD-SUA SPONTE ~ The December 4, 2018, oral argument in this case is hereby canceled, and this case will be decided without oral argument.
|
|
Docket Date |
2018-10-04
|
Type |
Order
|
Subtype |
Order on Motion/Request for Oral Argument
|
Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on TUESDAY, DECEMBER 04, 2018, at 11:00 A.M., before: Judge Robert J. Morris, Jr., Judge Matthew C. Lucas, Judge Susan H. Rothstein-Youakim. Oral argument will occur at the Second District Court of Appeal, Tampa Branch Headquarters, in the courtroom of the Stetson University College Of Law, Tampa Campus, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the receptionist by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument in this proceeding, the attorneys or parties will be notified by order no less than two weeks before the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.
|
|
Docket Date |
2018-07-27
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ The appellant's motion for judicial notice is denied. The court will review the appellant's appeal based on the parties' briefs and the record on appeal.The appellant's motion for leave to amend reply brief is denied.
|
|
Docket Date |
2018-07-09
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion to Amend Brief
|
Description |
Motion For Leave To File Amended Brief
|
|
Docket Date |
2018-07-07
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant Reply Brief
|
|
Docket Date |
2018-06-29
|
Type |
Motions Other
|
Subtype |
Motion/Request for Judicial Notice
|
Description |
Motion for Judicial Notice
|
|
Docket Date |
2018-06-26
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Deny EOT (General)-74d ~ The appellant's "motion for extension/motion for leave to proceed to file a motion for rehearing, clarification en banc of June 7 denied order" is denied. The appellant may serve a reply brief in accordance with the deadline set in this court's June 7, 2018, order.
|
|
Docket Date |
2018-06-22
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time
|
On Behalf Of |
MARY JEAN ZISKA
|
|
Docket Date |
2018-06-07
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
Description |
grant eot for reply brief - unlikely ~ The appellant's motion to supplement the record is denied. By its own motion, the court strikes the two attachments to the motion.The appellant's "direction to the clerk as per the addendum written for notice of supplemental authority to add to the record of appeal case 2D17-1909" and "notice of supplemental authority as addendum" are stricken.Appellant's motion for extension of time is granted, and the reply brief shall be served within 30 days. However, further motions for extension of time are unlikely to receive favorable consideration.
|
|
Docket Date |
2018-06-06
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority ~ VOLUME II - APPENDIX
|
|
Docket Date |
2018-06-04
|
Type |
Notice
|
Subtype |
Appendix/Attachment to Notice
|
Description |
Appendix/Attachment to Notice ~ ****By its own motion, the court strikes the two attachments to the motion. The appellant's "direction to the clerk as per the addendum written for notice of supplemental authority to add to the record of appeal case 2D17-1909" and "notice of supplemental authority as addendum" are stricken. - SEE 6/7/18 ORDER****"APPELLANT MARY JEAN ZISKA'S NOTICE OF SUPPLEMENTAL AUTHORITY AS ADDENDUM TO: "APPELLANT MARY JEAN ZISKA'S LAST MOTION TO CORRECT AND SUPPLEMENT THE RECORD FOR APPEAL CASE 2D17-1909 (05/11/18)" SUBMITTED AS ONE PDF IN APPENDIX FORM"
|
|
Docket Date |
2018-05-29
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLEE'S RESPONSE IN OPPOSITION TO APPELLANT'S THIRD MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF
|
On Behalf Of |
21ST MORTGAGE CORPORATION
|
|
Docket Date |
2018-05-15
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Reply Brief
|
Description |
Mot. for Extension of Time to File Reply Brief
|
|
Docket Date |
2018-05-14
|
Type |
Response
|
Subtype |
Supplement
|
Description |
Supplement ~ ****By its own motion, the court strikes the two attachments to the motion. The appellant's "direction to the clerk as per the addendum written for notice of supplemental authority to add to the record of appeal case 2D17-1909" and "notice of supplemental authority as addendum" are stricken. - SEE 6/7/18 ORDER****PART ONE EXHIBIT TO SUPPLEMENT
|
|
Docket Date |
2018-05-11
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion to Supplement
|
|
Docket Date |
2018-04-17
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
Description |
ORDER GRANTING APPELLANT'S REPLY BRIEF ~ Appellant's motion for an extension of time is granted to the extent that Appellant may serve a reply brief within 30 days of the date of this order.
|
|
Docket Date |
2018-04-15
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Reply Brief
|
Description |
Mot. for Extension of Time to File Reply Brief
|
|
Docket Date |
2017-07-06
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ 39 PAGES
|
|
Docket Date |
2018-04-03
|
Type |
Response
|
Subtype |
Objection
|
Description |
OBJECTION ~ APPELLANT MARY JEAN ZISKA'S RESPONSE MOTION IN OPPOSITION TO AE'S REQUEST FOR ORAL ARGUMENT; REQUESTING IN THIS MOTION THE SECOND DISTRICT COURT OF APPEAL DENY AE'S REQUEST FOR ORAL ARGUMENT; TERMINATE AND DISPENSE WITH ANY FORM OF ORAL ARGUMENT IN APPEAL CASE 2D17-1909
|
|
Docket Date |
2018-03-20
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
Description |
ORDER GRANTING APPELLANT'S REPLY BRIEF ~ Appellant's motion for extension of time is granted, and the reply brief shall beserved within 30 days of the date of this order.
|
|
Docket Date |
2018-03-16
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Reply Brief
|
Description |
Mot. for Extension of Time to File Reply Brief
|
|
Docket Date |
2018-03-02
|
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 |
2018-03-02
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee Answer Brief
|
On Behalf Of |
21ST MORTGAGE CORPORATION
|
|
Docket Date |
2018-01-31
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellant's motion for leave to proceed on the amended initial brief is granted to the extent that this appeal will proceed on the amended initial brief filed on January 11, 2018. The initial briefs filed on December 26 and 27, 2017, are stricken. Appellee's motion to strike the amended initial brief is denied. Appellee's motion for an extension of time to serve the answer brief is granted, and the answer brief shall be served within 30 days of the date of this order.
|
|
Docket Date |
2018-01-26
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion to Amend Brief
|
Description |
Motion For Leave To File Amended Brief
|
|
Docket Date |
2018-01-16
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-TO FILE RESPONSE ~ Within 10 days of the date of this order, Appellant shall respond to Appellee's motion to strike. Appellant's response may take the form of a motion for leave to proceed on the amended initial brief filed on January 11, 2018.
|
|
Docket Date |
2018-01-12
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extension of time to file Answer Brief
|
On Behalf Of |
21ST MORTGAGE CORPORATION
|
|
Docket Date |
2018-01-12
|
Type |
Motions Other
|
Subtype |
Motion To Strike
|
Description |
Motion To Strike ~ APPELLANT'S AMENDED INITIAL BRIEF
|
On Behalf Of |
21ST MORTGAGE CORPORATION
|
|
Docket Date |
2018-01-11
|
Type |
Brief
|
Subtype |
Amended Initial Brief
|
Description |
Amended Appellant Initial Brief
|
|
Docket Date |
2018-01-05
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ The appellant's motion for rehearing was granted in part by order dated December 5, 2017. The court now denies the remainder of the appellant's motion for rehearing.
|
|
Docket Date |
2017-12-27
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits
|
|
Docket Date |
2017-12-26
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits
|
|
Docket Date |
2017-12-20
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLEE'S RESPONSE IN OPPOSITION TO APPELLANT'S MOTIONFOR REHEARING DATED DECEMBER 4, 2017
|
On Behalf Of |
21ST MORTGAGE CORPORATION
|
|
Docket Date |
2017-12-12
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ 2ND SUPPLEMENTAL - 282 PAGES
|
|
Docket Date |
2017-12-05
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ The appellant's motion/petition for review is treated as a motion for rehearing of this court's August 10, 2017, order. The motion is not treated as an emergency.As the court inadvertently failed to address the appellant's request to supplement the record with the transcript of the February 17, 2017, hearing, the motion for rehearing is granted with respect to that transcript. Within 5 days of the date of this order the appellant shall arrange with the clerk of the circuit court supplementation with this transcript, and the supplemental record shall be transmitted within 25 days of the date of this order.The appellee shall respond to the remainder of the motion for rehearing within 15 days of the date of this order.
|
|
Docket Date |
2017-12-04
|
Type |
Motions Other
|
Subtype |
Request for Emergency Treatment
|
Description |
Emergency Motion ~ FOR REVIEW OF 08/10/17 ORDER DENYING TWO MOTIONS TO CORRECT & SUPPLEMENT THE RECORD FOR APPEAL *treated as a motion for rehearing of 8/10/17, order.*
|
|
Docket Date |
2017-10-26
|
Type |
Response
|
Subtype |
Reply
|
Description |
REPLY ~ RESPONSE TO APPELLEE'S OPPOSITION
|
|
Docket Date |
2017-10-26
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ The appellant's motion for extension of time is granted. The initial brief shall be served within 60 days of the date of this order. No further extensions will be granted absent extraordinary circumstances. The appellee's objection is noted.
|
|
Docket Date |
2017-10-17
|
Type |
Response
|
Subtype |
Objection
|
Description |
OBJECTION ~ APPELLEE'S RESPONSE IN OPPOSITION TO APPELLANT'S THIRD EMERGENCY MOTION FOR EXTENSION OF TIME ON SUBMITTING INITIAL BRIEF DATED OCTOBER 4, 2017
|
On Behalf Of |
21ST MORTGAGE CORPORATION
|
|
Docket Date |
2017-10-04
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
|
|
Docket Date |
2017-09-05
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted in part, and the initial brief shall be served within 30 days.
|
|
Docket Date |
2017-09-01
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief ~ emergency
|
|
Docket Date |
2017-08-10
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
Deny Motion to Supplement Record-30f ~ The appellant's two motions to correct/supplement the record are denied.
|
|
Docket Date |
2017-07-26
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLEE'S RESPONSE TO APPELLANT'S SECOND MOTION TO CORRECT/SUPPLEMENT RECORD
|
On Behalf Of |
21ST MORTGAGE CORPORATION
|
|
Docket Date |
2017-07-17
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served within 60 days. The granting of this motion implies no ruling or comment on the allegations included in the motion. The appellant is cautioned that once this court rules on the appellant's pending motions to supplement the record, it will set a reasonable deadline for the initial brief if more time is necessary beyond the 60 days granted in this order, and that the court will not indefinitely extend the deadline.
|
|
Docket Date |
2017-07-14
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLEE'S RESPONSE IN OPPOSITION TO APPELLANT'S MOTION TO CORRECT/SUPPLEMENT RECORD
|
On Behalf Of |
21ST MORTGAGE CORPORATION
|
|
Docket Date |
2017-07-13
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion to Supplement
|
|
Docket Date |
2017-07-12
|
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 |
2017-07-07
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-TO FILE RESPONSE ~ Appellee is directed to respond within ten days from the date of this order to appellant's "motion to correct/supplement the record."
|
|
Docket Date |
2017-07-05
|
Type |
Order
|
Subtype |
Order on Motion to Stay
|
Description |
Order Denying Stay ~ The appellant's emergency motion for stay pending appeal and emergencymotion for a restraining order and injunction are denied without prejudice to theappellant to obtain on order on her stay motion filed in the trial court, set for hearing onJuly 14, 2017, according to the trial court's online docket, and to seek review of anyadverse ruling on that motion. See Fla. R. App. P. 9.310(a), (f).
|
|
Docket Date |
2017-07-05
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Trial Court Document
|
Description |
Miscellaneous Trial Court Document ~ Copy to Appellate Court for file/case if needed later to issue proper Order if not addressed
|
|
Docket Date |
2017-06-30
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Trial Court Document
|
Description |
Miscellaneous Trial Court Document ~ TRANSCRIPTS OF HEARING - May 3, 2017
|
|
Docket Date |
2017-06-30
|
Type |
Motions Other
|
Subtype |
Request for Emergency Treatment
|
Description |
Emergency Motion ~ APPELLANT MARY JEAN ZISKA'S EMERGENCY MOTION/OBJECTION TO PREMATURE TRANSFER OF TITLE TO 21ST MORTGAGE
|
|
Docket Date |
2017-06-29
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ HAYES - REDACTED - 1108 PAGES
|
|
Docket Date |
2017-06-28
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion to Supplement
|
|
Docket Date |
2017-06-26
|
Type |
Motions Other
|
Subtype |
Motion To Stay
|
Description |
Emergency Motion To Stay ~ SIGNED VERSION OF THE AMENDED EMERGENCY MOTION TO STAY MON JUNE 26 2017
|
|
Docket Date |
2017-06-26
|
Type |
Order
|
Subtype |
Order on Motion to Stay
|
Description |
Order Denying Stay ~ The appellant's emergency motion for stay of proceedings pending appeal and emergency motion for a restraining order and injunction against the appellee are denied. This denial is without prejudice to seek appropriate relief in the trial court. The trial court is urged to expeditiously address the appellant's pending stay motion and any motion arising out of the present order.
|
|
Docket Date |
2017-06-25
|
Type |
Motions Other
|
Subtype |
Motion To Stay
|
Description |
Emergency Motion To Stay ~ APPELLANT MARY JEAN ZISKA'S AMENDED EMERGENCY MOTION FOR STAY OF PROCEEDINGS PENDING APPEAL IN SECOND DISTRICT COURT OF APPEAL
|
|
Docket Date |
2017-06-19
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Trial Court Document
|
Description |
Miscellaneous Trial Court Document ~ Letters of Damage
|
|
Docket Date |
2017-05-22
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
21ST MORTGAGE CORPORATION
|
|
Docket Date |
2017-05-19
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Trial Court Document
|
Description |
Miscellaneous Trial Court Document ~ DEFENDANT' S EMERGENCY OBJECTIONS TO TRANSFER OF TITLE FOR DEFENDANT'S HOMESTEAD PROPERTY: (5632 WHISPERWOOD BLVD. UNIT 1601, NAPLES FLORIDA 34110) PENDING APPEAL FROM 2ND DISTRICT COURT OF APPEAL IN CASE NUMBER: 2D17-1909
|
|
Docket Date |
2017-05-19
|
Type |
Order
|
Subtype |
Proceed per 9.130(a)(5)
|
Description |
proceed per 9.130(a)(5) - challenges ~ ***VACATED***(see 05/19/17 ord)
|
|
Docket Date |
2017-05-16
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ WITH ORDER APPEALED
|
|
Docket Date |
2017-05-12
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2017-05-12
|
Type |
Order
|
Subtype |
Show Cause re No Order Appealed
|
Description |
OSC - no order appealed ~ ***DISCHARGED***(see 05/19/17 ord)
|
|
Docket Date |
2017-05-10
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
WV:Waived
|
|
Docket Date |
2017-05-10
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ INDIGENCY FORM INCLUDED
|
On Behalf Of |
MARY JEAN ZISKA
|
|
|
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. Lisa S. Small
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
HON. KATHLEEN D. IRELAND (DNU)
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Docket Entries
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 |
2017-02-01
|
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 |
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 |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
21st Mortgage Corporation
|
|
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.
|
|
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 |
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 |
2016-11-23
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2016-11-23
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
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
|
|
|
UV CITE III, LLC VS 21ST MORTGAGE CORPORATION
|
3D2016-2380
|
2016-10-24
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
3rd District Court of Appeal
|
Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
15-4499
|
Parties
Name |
UV CITE III LLC
|
Role |
Appellant
|
Status |
Active
|
Representations |
DAPHNE BLUM TAKO, TIMOTHY R. QUINONES
|
|
Name |
21ST MORTGAGE CORPORATION
|
Role |
Appellee
|
Status |
Active
|
Representations |
SONIA HENRIQUES MCDOWELL, Felipe L. Mejia, Nicole P. Planell, SONYA K. DAWS
|
|
Name |
HON. JOHN SCHLESINGER
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Miami-Dade Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2017-01-27
|
Type |
Mandate
|
Subtype |
Disp. w/o Mandate
|
Description |
Disp w/o mandate
|
|
Docket Date |
2017-01-27
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2017-01-27
|
Type |
Disposition by Opinion
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2017-01-27
|
Type |
Notice
|
Subtype |
Voluntary Dismissal
|
Description |
Voluntary Dismissal Recognized (OG33) ~ ORDERED that the notice of voluntary dismissal is recognized by the Court, and this appeal from the Circuit Court for Miami-Dade County, Florida is hereby dismissed.
|
|
Docket Date |
2017-01-26
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal
|
On Behalf Of |
UV CITE III, LLC
|
|
Docket Date |
2017-01-25
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ Withdrawn.
|
On Behalf Of |
21ST MORTGAGE CORPORATION
|
|
Docket Date |
2017-01-25
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ amended notice of inquiry and withdrawal of motion for attorney's fees
|
On Behalf Of |
21ST MORTGAGE CORPORATION
|
|
Docket Date |
2017-01-25
|
Type |
Order
|
Subtype |
Order to Serve Brief
|
Description |
AA to file intitial brief w/in 10 days (OR21A) ~ Pursuant to the time schedule provided in the Florida Rules of Appellate Procedure, the time for filing the initial brief has expired. This cause will be subject to dismissal unless the document referred to is filed within ten (10) days from the date of this order, or within said time the court is otherwise notified that this matter is being diligently prosecuted.
|
|
Docket Date |
2017-01-24
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ of inquiry
|
On Behalf Of |
21ST MORTGAGE CORPORATION
|
|
Docket Date |
2016-12-14
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Record on Appeal ~ 2 Volumes.
|
|
Docket Date |
2016-10-31
|
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 November 10, 2016.
|
|
Docket Date |
2016-10-26
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
21ST MORTGAGE CORPORATION
|
|
Docket Date |
2016-10-24
|
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 |
2016-10-24
|
Type |
Notice
|
Subtype |
Notice of Appeal Transmittal Form
|
Description |
Notice of Transmittal--NOA
|
On Behalf Of |
UV CITE III, LLC
|
|
Docket Date |
2016-10-24
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|
KELTY M. ORI AND UNKNOWN SPOUSE OF KELTY ORI N/K/A KEITH ORI VS 21ST MORTGAGE CORPORATION
|
5D2016-2430
|
2016-07-18
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
5th District Court of Appeal
|
Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County
2015-CA-003711-O
|
Parties
Name |
KELTY M. ORI
|
Role |
Appellant
|
Status |
Active
|
Representations |
Jonathan J.A. Paul
|
|
Name |
UNKNOWN SPOUSE OF KELTY ORI
|
Role |
Appellant
|
Status |
Active
|
|
Name |
21ST MORTGAGE CORPORATION
|
Role |
Appellee
|
Status |
Active
|
Representations |
DAVID MERKUR, Dariel Abrahamy
|
|
Name |
Hon. Donald A. Myers, Jr.
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Orange Cty Circuit Ct Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2017-03-21
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Order Granting Attorney's Fees
|
|
Docket Date |
2017-03-21
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed ~ PCA
|
|
Docket Date |
2017-04-10
|
Type |
Record
|
Subtype |
Returned Records
|
Description |
Returned Records ~ NO RECORD-EFILED
|
|
Docket Date |
2017-04-10
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2017-02-02
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ FOR MERIT PANEL CONSIDERATION
|
On Behalf Of |
21ST MORTGAGE CORPORATION
|
|
Docket Date |
2017-02-02
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
21ST MORTGAGE CORPORATION
|
|
Docket Date |
2017-01-16
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
KELTY M. ORI
|
|
Docket Date |
2016-12-19
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
21ST MORTGAGE CORPORATION
|
|
Docket Date |
2016-12-02
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ AGREED MOT EOT FOR INIT BRF TO 1/16/17
|
On Behalf Of |
KELTY M. ORI
|
|
Docket Date |
2016-10-17
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ AGREED EOT TO FILE INIT BRF TO 12/2
|
On Behalf Of |
KELTY M. ORI
|
|
Docket Date |
2016-09-29
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 1 VOL. EFILED (160 PAGES)
|
On Behalf Of |
Orange Cty Circuit Ct Clerk
|
|
Docket Date |
2016-08-09
|
Type |
Order
|
Subtype |
Order Declining Referral to Mediation
|
Description |
ORD- Declining Referral to Mediation
|
|
Docket Date |
2016-07-29
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
|
Docket Date |
2016-07-29
|
Type |
Mediation
|
Subtype |
Confidential Statement
|
Description |
Confidential Statement ~ AE DAVID MERKUR 64381
|
On Behalf Of |
21ST MORTGAGE CORPORATION
|
|
Docket Date |
2016-07-28
|
Type |
Mediation
|
Subtype |
Confidential Statement
|
Description |
Confidential Statement ~ AA JONATHAN J. PAUL 0041845
|
On Behalf Of |
KELTY M. ORI
|
|
Docket Date |
2016-07-18
|
Type |
Order
|
Subtype |
Mediation Letter to LT
|
Description |
Mediation Letter to L.T.
|
|
Docket Date |
2016-07-18
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgement Letter 1
|
|
Docket Date |
2016-07-18
|
Type |
Mediation
|
Subtype |
Other
|
Description |
Mediation Packet
|
|
Docket Date |
2016-07-18
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ FILED BELOW 7/11/16
|
On Behalf Of |
KELTY M. ORI
|
|
Docket Date |
2016-07-18
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|
LUDVICK IBANEZ VS 21ST MORTGAGE CORPORATION
|
4D2016-0899
|
2016-03-17
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE08034393
|
Parties
Name |
LUDVICK IBANEZ
|
Role |
Appellant
|
Status |
Active
|
Representations |
LUIS D. CARREJA
|
|
Name |
21ST MORTGAGE CORPORATION
|
Role |
Appellee
|
Status |
Active
|
Representations |
SUSAN B. MORRISON, KATHRYN L. ARMSTRONG
|
|
Name |
Hon. Joel T. Lazarus
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2017-01-20
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2017-01-20
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2017-01-04
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Deny Attorney's Fees ~ ORDERED that the appellant's May 25, 2016 motion for attorney's fees and costs is denied.
|
|
Docket Date |
2017-01-04
|
Type |
Disposition by Opinion
|
Subtype |
Reversed
|
Description |
Reversed - Authored Opinion
|
|
Docket Date |
2016-08-02
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS
|
On Behalf Of |
21st Mortgage Corporation
|
|
Docket Date |
2016-06-22
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
21st Mortgage Corporation
|
|
Docket Date |
2016-06-01
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 310 PAGES
|
|
Docket Date |
2016-05-25
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
LUDVICK IBANEZ
|
|
Docket Date |
2016-05-25
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
LUDVICK IBANEZ
|
|
Docket Date |
2016-04-08
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
21st Mortgage Corporation
|
|
Docket Date |
2016-03-18
|
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 |
2016-03-18
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2016-03-17
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
LUDVICK IBANEZ
|
|
Docket Date |
2016-03-17
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|
ANA VILLALONA VS 21ST MORTGAGE CORPORATION
|
4D2015-4151
|
2015-11-04
|
Closed
|
|
Classification |
Original Proceedings - Circuit Civil - Certiorari
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 14022730
|
Parties
Name |
ANA VILLALONA
|
Role |
Petitioner
|
Status |
Active
|
Representations |
Scott J. Wortman, Brian K. Korte
|
|
Name |
21ST MORTGAGE CORPORATION
|
Role |
Respondent
|
Status |
Active
|
Representations |
GREENSPOON MARDER, VICTOR S. KLINE
|
|
Name |
Hon. Joel T. Lazarus
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2016-08-12
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2016-08-12
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2016-07-27
|
Type |
Disposition
|
Subtype |
Granted
|
Description |
Granted - Authored Opinion
|
|
Docket Date |
2016-07-27
|
Type |
Disposition by Opinion
|
Subtype |
Granted
|
Description |
Opinion Disposing of a Motion (See Opinion) Grant ~ MOTION FOR CLARIFICATION
|
|
Docket Date |
2016-05-27
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO MOTION FOR CLARIFICATION
|
On Behalf Of |
ANA VILLALONA
|
|
Docket Date |
2016-05-19
|
Type |
Post-Disposition Motions
|
Subtype |
Motion For Clarification
|
Description |
Motion For Clarification
|
On Behalf Of |
21st Mortgage Corporation
|
|
Docket Date |
2016-05-04
|
Type |
Disposition
|
Subtype |
Granted
|
Description |
Granted - Authored Opinion ~ **OPINION WITHDRAWN 7/27/16**
|
|
Docket Date |
2016-05-04
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Order Granting Attorney Fees-Prevailing ~ ORDERED that the petitioner's January 14, 2016 motion for attorneys' fees is granted conditioned on the trial court determining that petitioner is the prevailing party and, if so, setting the amount of the attorneys' fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including but not limited to preparation of a responsive pleading, shall be taken into account in computing the amount of the fee
|
|
Docket Date |
2016-02-24
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
ANA VILLALONA
|
|
Docket Date |
2016-01-14
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
21st Mortgage Corporation
|
|
Docket Date |
2016-01-14
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ (RESPONSE FILED 1/14/16)
|
On Behalf Of |
ANA VILLALONA
|
|
Docket Date |
2016-01-14
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO MOTION FOR ATTORNEY'S FEES
|
On Behalf Of |
21st Mortgage Corporation
|
|
Docket Date |
2016-01-13
|
Type |
Response
|
Subtype |
Reply to Response
|
Description |
Reply to Response
|
On Behalf Of |
ANA VILLALONA
|
|
Docket Date |
2016-01-05
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Docket Entry
|
Description |
Miscellaneous Entry/Document ~ REQUEST FOR JUDICIAL NOTICE
|
On Behalf Of |
21st Mortgage Corporation
|
|
Docket Date |
2016-01-05
|
Type |
Record
|
Subtype |
Appendix to Response
|
Description |
Appendix to Response ~ TO S/C ORDER
|
On Behalf Of |
21st Mortgage Corporation
|
|
Docket Date |
2016-01-05
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Order to Show Cause
|
On Behalf Of |
21st Mortgage Corporation
|
|
Docket Date |
2015-12-09
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to File Response
|
Description |
Grant EOT to file Response ~ ORDERED that respondent's December 1, 2015 motion for extension of time is granted, and the time for filing a response is extended to and including January 7, 2016; further,ORDERED that petitioner may file a reply within ten (10) days thereafter.
|
|
Docket Date |
2015-12-01
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response
|
On Behalf Of |
21st Mortgage Corporation
|
|
Docket Date |
2015-11-18
|
Type |
Order
|
Subtype |
Show Cause re Petition
|
Description |
ORD-Writs Show Cause with Reply ~ ORDERED that respondent shall file a response within twenty (20) days and show cause why the petition should not be granted. Petitioner may file a reply within ten (10) days of service of the response.
|
|
Docket Date |
2015-11-16
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
21st Mortgage Corporation
|
|
Docket Date |
2015-11-06
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Writ of Certiorari / Acknowledgment letter
|
|
Docket Date |
2015-11-04
|
Type |
Petition
|
Subtype |
Petition Certiorari
|
Description |
Petition for Certiorari Filed
|
On Behalf Of |
ANA VILLALONA
|
|
Docket Date |
2015-11-04
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2015-11-04
|
Type |
Record
|
Subtype |
Appendix to Petition
|
Description |
Appendix to Petition
|
On Behalf Of |
ANA VILLALONA
|
|
|