| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 15016916
|
Parties
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
THE BANK OF NEW YORK MELLON, ETC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
James Kirby McDonough, Christopher Lindhardt
|
|
| Name |
SUNRISE LAKES CONDOMINIUM,
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MANUEL HERRERA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
NORMAN MORAIS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BERTHA HERRERA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CHRISTINA HERRERA, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jonathan H. Kline, RALPH C. RUOCCO
|
|
| Name |
CAROL DOUGLAS-MORAIS
|
| 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 |
2019-01-15
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2019-01-15
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Grant Voluntary Dismissal (Joint) ~ At the request of the parties, this appeal and the cross-appeal are dismissed.
|
|
| Docket Date |
2019-01-14
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ ***STIPULATION***
|
| On Behalf Of |
THE BANK OF NEW YORK MELLON, ETC.
|
|
| Docket Date |
2019-01-10
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
THE BANK OF NEW YORK MELLON, ETC.
|
|
| Docket Date |
2019-01-02
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before January 14, 2019, 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 |
2018-11-26
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ TO 12/26/18
|
|
| Docket Date |
2018-11-26
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
THE BANK OF NEW YORK MELLON, ETC.
|
|
| Docket Date |
2018-10-04
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay filing Fee - Cross-Appeal - 10 days ~ A Notice of Cross-Appeal was filed in the lower tribunal on September 24, 2018. The $295.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Cross-Appeal as required by section 35.22(2)(b), Florida Statutes (2016) and Florida Rule of Appellate Procedure 9.110(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE CROSS-APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellee/cross-appellant shall pay the $295.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of the entry of this order. Failure to comply within the time prescribed will result in dismissal of the cross-appeal 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 cross-appeal has a duty to tender the filing fee to the appellate court when the cross-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.
|
|
| Docket Date |
2018-10-03
|
| Type |
Notice
|
| Subtype |
Notice of Cross Appeal
|
| Description |
Notice of Cross Appeal
|
|
| Docket Date |
2018-09-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2018-09-20
|
| 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 |
2018-09-18
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-09-18
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
THE BANK OF NEW YORK MELLON, ETC.
|
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 17-020920 (04)
|
Parties
| Name |
CHRISTINA HERRERA, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Lee H. Schillinger
|
|
| Name |
STEVEN VANDESANDE, JR.
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
TCS REALTY, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
MATTHEW BRODSKY
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
A. Thomas Connick
|
|
| Name |
Hon. Sandra Perlman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-07-17
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2018-07-17
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Certiorari ~ ORDERED that the June 18, 2018 petition for writ of certiorari is denied. Further,ORDERED that petitioners’ July 12, 2018 “unopposed motion to supplement appendix subsequent to previously requested date” is granted.WARNER, GROSS and CIKLIN, JJ., concur.
|
|
| Docket Date |
2018-07-12
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ UNOPPOSED MOTION TO SUPPLEMENT APPENDIX SUBSEQUENT TOPREVIOUSLY REQUESTED DATE
|
| On Behalf Of |
CHRISTINA HERRERA
|
|
| Docket Date |
2018-06-25
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that petitioner’s unopposed motion to supplement the appendix is granted. Petitioner shall file a supplemental appendix containing a transcript of the hearing on the motion at issue by July 9, 2018.
|
|
| Docket Date |
2018-06-21
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
CHRISTINA HERRERA
|
|
| Docket Date |
2018-06-20
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ (AMENED)
|
| On Behalf Of |
CHRISTINA HERRERA
|
|
| Docket Date |
2018-06-19
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the petitioner's appendix to the Petition for Writ of Certiorari is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and was not bookmarked in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2018-06-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2018-06-18
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ ***STRICKEN***
|
| On Behalf Of |
CHRISTINA HERRERA
|
|
| Docket Date |
2018-06-18
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
CHRISTINA HERRERA
|
|
| Docket Date |
2018-06-18
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
