Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502017CA012905XXXXMB
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Parties
Name |
FORECLOSURE, INC.
|
Role |
Appellant
|
Status |
Active
|
|
Name |
UNKNOWN HEIRS OF LELAND E. CECIL, Deceased
|
Role |
Appellant
|
Status |
Active
|
Representations |
Inger M. Garcia
|
|
Name |
KOSMON REALTY,LLC
|
Role |
Appellant
|
Status |
Active
|
|
Name |
US BANK NATIONAL ASSOC., ETC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
David Bakalar, Richard Slaughter McIver, H. Michael Muniz
|
|
Name |
Hon. Roger B. Colton
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Palm Beach
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2019-03-18
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
US BANK NATIONAL ASSOC., ETC.
|
|
Docket Date |
2019-03-13
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2019-03-13
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ ORDERED sua sponte that the above-styled appeal is dismissed for nonpayment of the $300.00 filing fee.
|
|
Docket Date |
2019-02-20
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
UNKNOWN HEIRS OF LELAND E. CECIL, Deceased
|
|
Docket Date |
2019-02-20
|
Type |
Order
|
Subtype |
Amended/Additional Filing(s) Needed
|
Description |
Order for Amendment to Notice of Appeal ~ ORDERED that the appellant is directed to file, within ten (10) days from the date of this order, an amended Notice of Appeal with a certificate of service that states the name of the attorney of record for the appellee and his/her physical address.
|
|
Docket Date |
2019-02-20
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2019-02-20
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
CA:Sent to Collections
|
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502016CA012058XXXXMB
|
Parties
Name |
KOSMON REALTY,LLC
|
Role |
Appellant
|
Status |
Active
|
Representations |
Inger M. Garcia
|
|
Name |
FORECLOSURE, INC.
|
Role |
Appellant
|
Status |
Active
|
|
Name |
FEDERAL NATIONAL MORTGAGE ASSOCIATION CORP
|
Role |
Appellee
|
Status |
Active
|
Representations |
Adam J. Knight, Jacqueline A. Simms-Petredis
|
|
Name |
HON. HOWARD H. HARRISON
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Palm Beach
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2019-03-05
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO MOTION TO REINSTATE APPEAL
|
On Behalf Of |
Federal National Mortgage Association
|
|
Docket Date |
2019-03-05
|
Type |
Record
|
Subtype |
Appendix to Response
|
Description |
Appendix to Response
|
|
Docket Date |
2019-03-01
|
Type |
Post-Disposition Motions
|
Subtype |
Motion For Reinstatement
|
Description |
Motion For Reinstatement
|
On Behalf Of |
KOSMON REALTY, LLC
|
|
Docket Date |
2019-01-04
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORD-Sua Sponte Dismiss-Lack of Prosecution ~ ORDERED sua sponte that the above-styled case is dismissed for lack of prosecution.
|
|
Docket Date |
2019-01-04
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2018-12-18
|
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 December 28, 2018, 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 |
2018-11-20
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 415 PAGES
|
|
Docket Date |
2018-11-19
|
Type |
Order
|
Subtype |
Order Vacating/Withdrawing Order
|
Description |
Order Vacated ~ ORDERED that this court's October 31, 2018 order is vacated.
|
|
Docket Date |
2018-10-31
|
Type |
Order
|
Subtype |
Show Cause re Compliance with Prior Order
|
Description |
Order to Show Cause-Appeal Dismissal ~ ***VACATED 11/19/18***ORDERED that appellant is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed or other sanctions imposed for failure to comply with this court's October 10, 2018 order requiring an amended notice of appeal.
|
|
Docket Date |
2018-10-15
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Federal National Mortgage Association
|
|
Docket Date |
2018-10-10
|
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 |
2018-10-10
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2018-10-09
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
KOSMON REALTY, LLC
|
|
Docket Date |
2018-10-09
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2019-03-12
|
Type |
Order
|
Subtype |
Order on Motion for Reinstatement
|
Description |
Deny Motion to Reinstate ~ Upon consideration of appellee’s March 5, 2019 response, it is ORDERED that appellant’s March 1, 2019 motion to reinstate the appeal is denied. The motion to reinstate does not provide sufficient explanation for: (1) why appellant failed to respond to this court’s December 18, 2018 order to show cause until appellant filed this motion on March 1, 2019; and (2) why appellant failed to file the initial brief, or a motion for extension of time to file the initial brief. The request to refer case to mediation, found in the motion to reinstate, is denied as moot.
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