| Docket Date |
2023-06-08
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that the appellee's January 19, 2023 motion for attorney's fees is granted. On remand, the trial court shall set the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
|
|
| Docket Date |
2023-06-08
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ ORDERED that Appellant’s appeal is dismissed for lack of jurisdiction. Appellant’s subject motion was the third rule 1.540(b) motion advanced in the trial court based upon grounds known to Appellant in 2017. Therefore, this Court lacks jurisdiction to review Appellant’s successive motion. See Perez v. Saima Grp. Corp., 347 So. 3d 421, 422 (Fla. 3d DCA 2022) (“We are compelled to dismiss the appeal because we lack appellate jurisdiction to review an order denying a successive rule 1.540(b) motion where, as here, the grounds asserted in the successive motion were known to the movant at the time the movant filed the first rule 1.540(b) motion.”); Intercoastal Marina Towers, Inc. v. Suburban Bank, 506 So. 2d 1177, 1179 (Fla. 4th DCA 1987) (noting timely appeal is proper remedy for dissatisfaction with trial court ruling on rule 1.540(b) motion—not “successive motions to vacate containing the same general grounds or even new ones, which could have been raised in the first motion”). Further,ORDERED that in light of the dismissal of Appellant’s direct appeal from the order denying a successive rule 1.540(b) motion, which is expressly prohibited, Appellee’s cross-appeal is rendered moot.DAMOORGIAN, LEVINE and KUNTZ, JJ., concur.
|
|
| Docket Date |
2023-04-05
|
| 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 |
2023-02-28
|
| Type |
Brief
|
| Subtype |
Cross-Reply Brief
|
| Description |
Appellee/Cross-Appellant's Reply Brief
|
| On Behalf Of |
First American Bank
|
|
| Docket Date |
2023-02-13
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Laurence S. Schneider
|
|
| Docket Date |
2023-02-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant's February 8, 2023 motion for extension of time is granted, and appellant shall serve the reply brief on or before February 13, 2023. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2023-02-08
|
| 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 |
Laurence S. Schneider
|
|
| Docket Date |
2023-02-03
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 5 DAYS TO 2/8/23
|
|
| Docket Date |
2023-02-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
Laurence S. Schneider
|
|
| Docket Date |
2023-01-19
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
First American Bank
|
|
| Docket Date |
2023-01-06
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellees/cross-appellants' amended appendix to the answer/cross-initial brief 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 contains no bookmarks as required by 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 |
2023-01-06
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
First American Bank
|
|
| Docket Date |
2023-01-05
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ ***STRICKEN***
|
| On Behalf Of |
First American Bank
|
|
| Docket Date |
2023-01-05
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellees/cross-appellants' appendix to the answer/cross-initial brief 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, and was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index. 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 |
2023-01-04
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ ***STRICKEN***
|
| On Behalf Of |
First American Bank
|
|
| Docket Date |
2023-01-04
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
First American Bank
|
|
| Docket Date |
2023-01-04
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
First American Bank
|
|
| Docket Date |
2022-12-06
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Denying Aplee's Motion to Dismiss ~ Upon consideration of appellant’s November 9, 2022 response, it isORDERED that appellee’s October 26, 2022 motion to dismiss is denied, without prejudice to raising arguments as to whether the underlying motion to set aside final judgment of foreclosure was a successive, unauthorized motion in responsive briefing. Further,ORDERED that appellee/cross-appellant, First American Bank’s November 30, 2022 motion for clarification is granted. Appellee/cross-appellant shall file the answer/cross-initial brief within thirty (30) days from the date of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2022-11-30
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification
|
| On Behalf Of |
First American Bank
|
|
| Docket Date |
2022-11-17
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ ***AMENDED***
|
| On Behalf Of |
Laurence S. Schneider
|
|
| Docket Date |
2022-11-15
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellant's amended appendix to the initial brief 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 completely text searchable, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and contains bookmarks which are not 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 |
2022-11-10
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ ***STRICKEN*****AMENDED**
|
| On Behalf Of |
Laurence S. Schneider
|
|
| Docket Date |
2022-11-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO DISMISS
|
| On Behalf Of |
Laurence S. Schneider
|
|
| Docket Date |
2022-11-08
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellant's appendix to the initial brief 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 completely text searchable, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and contains bookmarks which are not 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 |
2022-11-07
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ ***STRICKEN***
|
| On Behalf Of |
Laurence S. Schneider
|
|
| Docket Date |
2022-11-04
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Laurence S. Schneider
|
|
| Docket Date |
2022-11-04
|
| 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 November 2, 2022 and November 3, 2022 motions for extension of time are granted, and appellant shall serve the initial brief within one (1) day 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 |
2022-11-03
|
| 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 |
Laurence S. Schneider
|
|
| Docket Date |
2022-11-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Laurence S. Schneider
|
|
| Docket Date |
2022-10-28
|
| Type |
Misc. Events
|
| Subtype |
Cross-Notice Filing Fee Paid through Portal
|
| Description |
CROSS NOTICE FILING FEE PAID THROUGH PORTAL
|
| On Behalf Of |
First American Bank
|
|
| Docket Date |
2022-10-28
|
| Type |
Notice
|
| Subtype |
Notice of Cross Appeal
|
| Description |
Notice of Cross Appeal
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-10-28
|
| 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 October 27, 2022. The $295.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(b), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellee/cross-appellant shall pay the $295.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of the entry of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of 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 |
2022-10-26
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
First American Bank
|
|
| Docket Date |
2022-10-26
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO DISMISS
|
| On Behalf Of |
First American Bank
|
|
| Docket Date |
2022-10-18
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~
|
|
| Docket Date |
2022-10-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-10-13
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-10-13
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ Filing Fee Paid Through Portal
|
| On Behalf Of |
Laurence S. Schneider
|
|
| Docket Date |
2023-06-29
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORD-Amended Order ~ ORDERED that this court's June 27, 2023 order is amended as follows: ORDERED that appellant's June 22, 2023 motion for extension of time is granted, and the time in which to file motions pursuant to Florida Rule of Appellate Procedure 9.330(a) is extended to and including June 29, 2023.
|
|
| Docket Date |
2023-06-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant's June 22, 2023 motion for extension of time is granted, and the time in which to file motions pursuant to Florida Rule of Appellate Procedure 9.330(a) is extended to and including July 29, 2023.
|
|
| Docket Date |
2023-06-22
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
Laurence S. Schneider
|
|
| Docket Date |
2023-06-08
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2023-07-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant's June 29, 2023 motion for extension of time is granted, and the time in which to file motions pursuant to Florida Rule of Appellate Procedure 9.330(a) is extended seven (7) days from the date of this order.
|
|
| Docket Date |
2023-06-29
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO FILE MOTION PURSUANT TO FLA. R. APP. PRO. R. 9.330(a)
|
| On Behalf Of |
Laurence S. Schneider
|
|
