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VALERIA TAVERAS AND ELIEZER TAVERAS, Appellant(s) v. U. S. BANK, NATIONAL ASSOCIATION AS LEGAL TITLE TRUSTEEFOR TRUMAN 2016 SC6 TITLE TRUST , Appellee(s).
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6D2024-1528
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2024-07-25
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Open
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|
| Classification |
NOA Final - Circuit Civil - Foreclosure
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| Court |
6th District Court of Appeal
|
| Originating Court |
Circuit Court for the Ninth Judicial Circuit, Osceola County
2016-CA-000916
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Parties
| Name |
ELIEZER TAVERAS, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
VALERIA TAVERAS
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Hon. Christine E. Arendas
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Osceola Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
U. S. BANK, NATIONAL ASSOCIATION AS LEGAL TITLE TRUSTEE
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Adam Alexander Diaz, Roy Alan Diaz, Ariel Acevedo, Jason David Silver, Patrick Joseph Hennessey, Jr., Shawn Gordon Rader
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|
Docket Entries
| Docket Date |
2024-11-07
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| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
YOUNG - 87 PAGES
|
| On Behalf Of |
Osceola Clerk
|
|
| Docket Date |
2024-10-28
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| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Appellants' motion to supplement the record on appeal is granted. Within three days from the date of this order, Appellants shall make arrangements with the clerk of the lower tribunal for the supplementation of the record with the items referenced in their motion, with the supplemental record to be filed in this Court within twenty-five days from the date of this order. Because the record must be supplemented through the clerk of the lower tribunal, the items included in Appellants' appendix will not be considered by this Court.
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| View |
View File
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| Docket Date |
2024-11-23
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| Type |
Brief
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| Subtype |
Amended Initial Brief
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| Description |
Amended Initial Brief
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| On Behalf Of |
ELIEZER TAVERAS
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| View |
View File
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|
| Docket Date |
2024-11-15
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| Type |
Order
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| Subtype |
Amended/Additional Filing(s) Needed
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| Description |
The initial brief does not fully comply with Florida Rule of Appellate Procedure's content requirements because portions of the statement of the case do not contain record citations. Further, the initial brief does not comply with the additional briefing requirements of this Court as set forth in the Sixth District Court of Appeal Administrative Order 24-01. Specifically: 1) The initial brief does not contain a statement as to each issue presented and where in the record on appeal the issue was raised and ruled on; and 2) The initial brief does not contain a statement of the basis for jurisdiction in this Court, including the basis for claiming that the judgment or order appealed from is final. Appellant shall file a corrected brief within ten days from the date of this order. A compliant brief would include entries in the table of contents entitled "Statement of Jurisdiction" and "Statement of Preservation" that indicate sections in the initial brief where this information appears. AO 24-01 can be accessed at https://6dca.flcourts.gov/Clerk-s-Office/Administrative-Orders.
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| View |
View File
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| Docket Date |
2024-11-13
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Brief
|
| On Behalf Of |
ELIEZER TAVERAS
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| View |
View File
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| Docket Date |
2024-10-14
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| Type |
Order
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| Subtype |
Order on Motion for Rehearing
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| Description |
The motion for rehearing or in the alternative for written opinion is denied.
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| View |
View File
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| Docket Date |
2024-10-02
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Brief
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| On Behalf Of |
ELIEZER TAVERAS
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| View |
View File
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| Docket Date |
2024-10-02
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| Type |
Motion
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| Subtype |
Appendix
|
| Description |
Appendix to Motion
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| On Behalf Of |
ELIEZER TAVERAS
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| View |
View File
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| Docket Date |
2024-10-02
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| Type |
Motions Relating to Records
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| Subtype |
Motion to Supplement Record
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| Description |
MOTION TO SUPPLEMENT THE RECORD ON APPEAL
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| On Behalf Of |
ELIEZER TAVERAS
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| View |
View File
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| Docket Date |
2024-09-24
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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| Description |
Appellants' motion for extension of time to serve their initial brief is granted. The initial brief shall be served on or before October 14, 2024.
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| View |
View File
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| Docket Date |
2024-09-16
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Initial Brief
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| Description |
UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE
INITIAL BRIEF
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| On Behalf Of |
ELIEZER TAVERAS
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| View |
View File
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| Docket Date |
2024-09-04
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| Type |
Record
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| Subtype |
Record on Appeal
|
| Description |
ALVARO/ARENDAS - 707 PAGES
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| On Behalf Of |
Osceola Clerk
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| View |
View File
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| Docket Date |
2024-08-21
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| Type |
Notice
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| Subtype |
Amended Notice of Appeal
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| Description |
Amended Notice of Appeal
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| On Behalf Of |
VALERIA TAVERAS
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| View |
View File
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| Docket Date |
2024-08-16
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| Type |
Order
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| Subtype |
Order
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| Description |
Appellant's Motion for Leave to Amend Notice of Appeal is granted. Appellant may submit an amended notice of appeal within fifteen days of this order.
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| View |
View File
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| Docket Date |
2024-08-12
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| Type |
Motions Other
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| Subtype |
Motion for Reconsideration/Rehearing of an Order
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| Description |
MOTION FOR REHEARING OR ON THE ALTERNATIVE FOR WRITTEN OPINION
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| On Behalf Of |
ELIEZER TAVERAS
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| View |
View File
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| Docket Date |
2024-08-02
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| Type |
Order
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| Subtype |
Order on Motion to Stay
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| Description |
The motion for emergency ruling on the motion for stay is denied as moot in light of this court's resolution of the motion.
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| View |
View File
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| Docket Date |
2024-08-01
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| Type |
Order
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| Subtype |
Order on Motion to Stay
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| Description |
The emergency motion for temporary restraining order or for stay pending appeal is denied.
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| View |
View File
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| Docket Date |
2024-07-31
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| Type |
Motions Other
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| Subtype |
Miscellaneous Motion
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| Description |
MOTION FOR EMERGENCY RULING ON APPELLANTS' MOTION FOR
TEMPORARY RESTRAINING ORDER AND STAY PENDING APPEAL
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| On Behalf Of |
ELIEZER TAVERAS
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| View |
View File
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| Docket Date |
2024-07-29
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| Type |
Misc. Events
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| Subtype |
Certificate of Service
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| Description |
APPELLANTS' AMENDED CERTIFICATE OF SERVICE
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| On Behalf Of |
ELIEZER TAVERAS
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| Docket Date |
2024-07-29
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| Type |
Motions Other
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| Subtype |
Motion To Stay
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| Description |
APPELLANTS' EMERGENCY MOTION FOR
TEMPORARY RESTRAINING ORDER AND TO STAY PENDING APPEAL
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| On Behalf Of |
ELIEZER TAVERAS
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| View |
View File
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| Docket Date |
2024-07-29
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| Type |
Motion
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| Subtype |
Appendix
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| Description |
Appendix to Motion
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| On Behalf Of |
ELIEZER TAVERAS
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| View |
View File
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| Docket Date |
2024-07-29
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
U. S. BANK, NATIONAL ASSOCIATION AS LEGAL TITLE TRUSTEE
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| View |
View File
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| Docket Date |
2024-07-26
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| Type |
Miscellaneous Document
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| Subtype |
Pay Case Filing Fee-300
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| Description |
Pay Case Filing Fee-300
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| On Behalf Of |
ELIEZER TAVERAS
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| View |
View File
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| Docket Date |
2024-07-26
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| Type |
Event
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| Subtype |
Fee Satisfied
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| Description |
Fee Satisfied
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| Docket Date |
2024-07-25
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| View |
View File
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| Docket Date |
2024-07-25
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal WITH ORDER
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| On Behalf Of |
VALERIA TAVERAS
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| View |
View File
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| Docket Date |
2024-10-18
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| Type |
Order
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| Subtype |
Order Striking Filing
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| Description |
Upon consideration of Appellant's pending motion to supplement the record on appeal, Appellant's initial brief is stricken as premature without prejudice to refile after this Court rules on the pending motion to supplement and in accordance with that future order.
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| View |
View File
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| Docket Date |
2025-01-06
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
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| Description |
Appellee's motion for extension of time to serve the answer brief is granted. The answer brief shall be served on or before January 17, 2025.
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| View |
View File
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| Docket Date |
2024-12-31
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| Type |
Notice
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| Subtype |
Notice of Filing
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| Description |
NOTICE REGARDING APPELLEE'S MOTION FOR EXTENSION OF TIME
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| On Behalf Of |
ELIEZER TAVERAS
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| Docket Date |
2024-12-23
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Answer Brief
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| Description |
US BANK'S MOTION FOR AN EXTENSION
OF TIME TO SERVE ANSWER BRIEF
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| On Behalf Of |
U. S. BANK, NATIONAL ASSOCIATION AS LEGAL TITLE TRUSTEE
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| Docket Date |
2024-07-25
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
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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| View |
View File
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ELIEZER TAVERAS, VALERIA TAVERAS, Appellant(s) v. U.S. BANK NATIONAL ASSOCIATION, TRUMAN 2016 SC6 TITLE TRUST, Appellee(s).
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6D2023-4073
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2023-11-30
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Closed
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| Classification |
NOA Final - Circuit Civil - Foreclosure
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| Court |
6th District Court of Appeal
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| Originating Court |
Circuit Court for the Ninth Judicial Circuit, Osceola County
2016 CA 000916
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Parties
| Name |
ELIEZER TAVERAS, LLC
|
| Role |
Appellant
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| Status |
Active
|
|
| Name |
VALERIA TAVERAS
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| Role |
Appellant
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| Status |
Active
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|
| Name |
U.S. BANK NATIONAL ASSOCIATION
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| Role |
Appellee
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| Status |
Active
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| Representations |
SHAWN GORDON RADER, ESQ., ADAM A. DIAZ, ESQ.
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|
| Name |
TRUMAN 2016 SC6 TITLE TRUST
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| Role |
Appellee
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| Status |
Active
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|
| Name |
Hon. Chad K. Alvaro
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| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
KELVIN SOTO, CLERK
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| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
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Docket Entries
| Docket Date |
2024-07-17
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| Type |
Misc. Events
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| Subtype |
West Publishing
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| Description |
West Publishing
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| Docket Date |
2024-07-17
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| Type |
Mandate
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| Subtype |
Mandate
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| Description |
Mandate
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| View |
View File
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| Docket Date |
2024-03-11
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| Type |
Motions Other
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| Subtype |
Motion/Notice Voluntary Dismissal
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| Description |
Notice of Voluntary Dismissal ~ APPELLANTS' NOTICE OF WITHDRAWAL APPEAL
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| On Behalf Of |
ELIEZER TAVERAS
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|
| Docket Date |
2024-02-21
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| Type |
Motions Relating to Records
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| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
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| Description |
Motion Supplemental Record & Eot For Brief ~ APPELLANTS' UNOPPOSED MOTIONTO SUPPLEMENT THE RECORD ON APPEALAND FOR EXTENSION OF TIME TO FILE INITIAL BRIEF - SEE VD ORDER ISSUED 6/25/24
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| On Behalf Of |
ELIEZER TAVERAS
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|
| Docket Date |
2024-01-26
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Received Records ~ ALVARO - 954 PAGES
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| On Behalf Of |
KELVIN SOTO, CLERK
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|
| Docket Date |
2024-01-25
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| Type |
Order
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| Subtype |
Order on Motion to Relinquish Jurisdiction
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| Description |
ORD-DENY. RELINQUISH JURISDCTN ~ Appellee's motion to relinquish jurisdiction is denied as moot in light of Appellants' notice of withdrawal of motion to vacate filed in the lower tribunal.
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| Docket Date |
2024-01-18
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| Type |
Order
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| Subtype |
Order on Miscellaneous Motion
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| Description |
Deny Miscellaneous Motion ~ Appellants’ Emergency Ex-Parte Motion for Temporary Stay or Injunction and Order to Show Cause Why Preliminary Injunction Pending Appeal Should Not Issue is denied.
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|
| Docket Date |
2024-01-18
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| Type |
Response
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| Subtype |
Response
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| Description |
RESPONSE ~ APPELLANTS' RESPONSE IN OPPOSITION TO US BANK'S MOTION TORELINQUISH JURISDICTION
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| Docket Date |
2024-01-17
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| Type |
Motions Other
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| Subtype |
Motion To Relinquish Jurisdiction
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| Description |
Motion To Relinquish Jurisdiction ~ U.S. BANK'S MOTION TO RELINQUISH JURISDICTION
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| On Behalf Of |
U.S. BANK NATIONAL ASSOCIATION
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| Docket Date |
2024-01-08
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| Type |
Record
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| Subtype |
Appendix to Response
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| Description |
APPENDICES /ATTACHMENTS TO RESPONSE ~ US BANK'S APPENDIX TO RESPONSE TO APPELLANTS'EMERGENCY EX-PARTE MOTION FOR TEMPORARY STAY ORINJUNCTION AND ORDER TO SHOW CAUSE WHY PRELIMINARYINJUNCTION PENDING APPEAL SHOULD NOT ISSUE
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| On Behalf Of |
U.S. BANK NATIONAL ASSOCIATION
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|
| Docket Date |
2024-01-08
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| Type |
Response
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| Subtype |
Response
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| Description |
RESPONSE ~ US BANK'S RESPONSE TO APPELLANTS' EMERGENCY EX-PARTE MOTION FOR TEMPORARY STAY OR INJUNCTION AND ORDER TO SHOW CAUSE WHY PRELIMINARY INJUNCTION PENDING APPEAL SHOULD NOT ISSUE
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| On Behalf Of |
U.S. BANK NATIONAL ASSOCIATION
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|
| Docket Date |
2024-01-03
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| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ LETTER TO CHIEF JUDGEHONORABLEDAN TRAVER
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| On Behalf Of |
U.S. BANK NATIONAL ASSOCIATION
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|
| Docket Date |
2024-01-03
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| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ Within five days from the date of this order, appellee shall respond to themotion related to the lower tribunal's denial of the motion seeking a stay ofissuance of the certificate of title following the foreclosure sale pending appeal.The response shall also provide any information regarding the status of relatedproceedings pending in any federal court and clarify the nature of thoseproceedings and the impact of such proceedings on this appeal.
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|
| Docket Date |
2024-01-01
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| Type |
Record
|
| Subtype |
Appendix to Motion
|
| Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT
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|
| Docket Date |
2024-01-01
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| Type |
Motions Other
|
| Subtype |
Request for Emergency Treatment
|
| Description |
Emergency Motion ~ APPELLANTS' EMERGENCY EX-PARTE MOTION FORTEMPORARY STAY OR INJUNCTION AND ORDER TO SHOW CAUSE WHY PRELIMINARY INJUNCTION PENDING APPEAL SHOULD NOT ISSUE
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| Docket Date |
2023-12-28
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| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
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|
| Docket Date |
2023-12-28
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
fee - civil; pro se
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|
| Docket Date |
2023-11-30
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| Type |
Misc. Events
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| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
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|
| Docket Date |
2023-11-30
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| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ with order
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|
| Docket Date |
2024-06-25
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| Type |
Disposition by Order
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| Subtype |
Dismissed
|
| Description |
The notice of voluntary dismissal filed March 11, 2024, is accepted and this proceeding is dismissed. All pending motions are denied as moot.
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| View |
View File
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| Docket Date |
2024-01-02
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| Type |
Misc. Events
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| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
|
| Docket Date |
2024-01-01
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| Type |
Misc. Events
|
| Subtype |
Certificate of Service
|
| Description |
Certificate of Service ~ AMENDED CERTIFICATE OF SERVICE
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|
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ELIEZER TAVERAS VS U. S. BANK, NATIONAL ASSOCIATION AS LEGAL TITLE TRUSTEE FOR TRUMAN 2016 SC6 TITLE TRUST
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6D2023-2435
|
2023-04-21
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Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Mandamus
|
| Court |
6th District Court of Appeal
|
| Originating Court |
Circuit Court for the Ninth Judicial Circuit, Osceola County
16CA916 MF
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Parties
| Name |
ELIEZER TAVERAS, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
U. S. BANK, NATIONAL ASSOCIATION AS LEGAL TITLE TRUSTEE
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
ADAM A. DIAZ, ESQ.
|
|
| Name |
HON. THOMAS W. YOUNG
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
KELVIN SOTO, CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-06-16
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-06-16
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-05-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
denial of writ rehearing ~ Petitioner’s motion for rehearing en banc is stricken. Petitioner’s motions for rehearing, to certify a question of great public importance, and request for written opinion are denied.
|
|
| Docket Date |
2023-05-05
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc ~ ,TO CERTIFY A QUESTION OF GREAT PUBLIC IMPORTANCE, AND REQUEST FOR WRITTEN OPINION
|
| On Behalf Of |
ELIEZER TAVERAS
|
|
| Docket Date |
2023-05-03
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge ~ SASSO, C.J., AND STARGEL AND WOZNIAK, JJ.
|
|
| Docket Date |
2023-05-03
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
denial of mandamus ~ Petitioner's “petition for emergency writ of mandamus, and petition for writ of certiorari and writ of prohibition, and all other necessary writs” is denied.
|
|
| Docket Date |
2023-04-26
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed ~ AMENDED
|
| On Behalf Of |
ELIEZER TAVERAS
|
|
| Docket Date |
2023-04-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2023-04-21
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed ~ PETITION FOR EMERGENCY WRIT OF MANDAMUS, AND PETITION FOR WRIT OF CERTIORARI AND WRIT OF PROHIBITION, AND ALL OTHER NECESSARY WRITS
|
| On Behalf Of |
ELIEZER TAVERAS
|
|
| Docket Date |
2023-04-21
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
ORIGINAL APPENDIX OR ATTACHMENT
|
| On Behalf Of |
ELIEZER TAVERAS
|
|
| Docket Date |
2023-04-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
ELIEZER TAVERAS VS U.S. BANK, N.A.
|
SC2022-0442
|
2022-04-06
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
3D21-1038
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
132017CA020857000001
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Parties
| Name |
ELIEZER TAVERAS, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
U.S. Bank, N.A.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
W. Bard Brockman
|
|
| Name |
Hon. Carlos A. Lopez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Mercedes M. Prieto
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Hon. Harvey Ruvin
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-05-18
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE ~ Notice to Court
|
| On Behalf Of |
Eliezer Taveras
|
| View |
View File
|
|
| Docket Date |
2022-05-18
|
| Type |
Disposition
|
| Subtype |
Dism Failure To Comply
|
| Description |
DISP-DISM FAILURE TO COMPLY ~ The petition for review is hereby dismissed on the Court's own motion based on petitioner's failure to timely file the jurisdictional brief. Any and all pending motions are hereby denied as moot. If petitioner wishes to seek reinstatement, the motion for reinstatement must be filed within fifteen days from the date of this order.
|
| View |
View File
|
|
| Docket Date |
2022-04-27
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
|
| Docket Date |
2022-04-27
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
PAY CASE FILING FEE-300
|
| On Behalf Of |
Eliezer Taveras
|
| View |
View File
|
|
| Docket Date |
2022-04-27
|
| Type |
Motion
|
| Subtype |
Other Substantive
|
| Description |
MOTION-OTHER SUBSTANTIVE ~ Motion to Show Cause Why US Bank, Ocwen Loan Servicing, LLC., Ezequiel J. Romero, W. Bard Brockman, and Mercedes M. Prieto Should Not Be Sanctioned Under the Court's Inherent Contempt Powers
|
| On Behalf Of |
Eliezer Taveras
|
| View |
View File
|
|
| Docket Date |
2022-04-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ Response in Opposition to Petitioner's Motion to Show Cause
|
| On Behalf Of |
U.S. Bank, N.A.
|
| View |
View File
|
|
| Docket Date |
2022-04-26
|
| Type |
Order
|
| Subtype |
Dismissal re: Failure To Comply
|
| Description |
ORDER-DISMISSAL RE: FAILURE TO COMPLY ~ In reviewing our records, we note that your case is subject to dismissal for failure to comply with this Court's direction. See Fla. R. App. P. 9.410.We have not received the jurisdictional brief with appendix in accordance with Florida Rule of Appellate Procedure 9.120(d). Failure to file the above referenced documents with this Court within 15 days from the date of this order could result in the imposition of sanctions, including dismissal of the petition.Please understand that once this case is dismissed, it may not be subject to reinstatement.
|
| View |
View File
|
|
| Docket Date |
2022-04-06
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-04-06
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE
|
| View |
View File
|
|
| Docket Date |
2022-04-06
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
|
| On Behalf Of |
Eliezer Taveras
|
| View |
View File
|
|
| Docket Date |
2022-04-06
|
| Type |
Order
|
| Subtype |
Filing Fee Due
|
| Description |
ORDER-FILING FEE DUE ~ The jurisdiction of this Court was invoked by the filing of a Notice to Invoke Discretionary Jurisdiction in the lower tribunal; however, said notice was not accompanied by the $300.00 filing fee or an order of insolvency from the district court of appeal as required by Florida Rules of Appellate Procedure 9.110(b) and 9.120(b). The filing fee is due and payable at the time of filing the notice. Petitioner is allowed to and including May 6, 2022, in which to submit the filing fee, or an order of insolvency, or a proper motion for leave to proceed in forma pauperis that complies with sections 57.081 and 57.082, Florida Statutes (2013). Failure to submit the filing fee or one of the above referenced documents to this Court could result in the imposition of sanctions, including dismissal of the notice.Please understand that once this case is dismissed, it is not subject to reinstatement.
|
| View |
View File
|
|
|
|
ELIEZER TAVERAS, VS U.S. BANK, N.A., etc.,
|
3D2021-1038
|
2021-04-30
|
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
17-20857
|
Parties
| Name |
ELIEZER TAVERAS, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
U.S. Bank, N.A.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
EZEQUIEL J. ROMERO, ERIC L. BRONFELD, W. BARD BROCKMAN
|
|
| Name |
Hon. Carlos Lopez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
John A. Tomasino
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-04-06
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Acknowledged Receipt from Supreme Court
|
|
| Docket Date |
2022-04-06
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
NOTICE OF APPEAL
|
|
| Docket Date |
2022-04-05
|
| Type |
Supreme Court
|
| Subtype |
Notice of Appeal FSC
|
| Description |
Notice of Appeal to Supreme Court
|
| On Behalf Of |
ELIEZER TAVERAS
|
|
| Docket Date |
2022-03-23
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-01-19
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Citation
|
|
| Docket Date |
2021-12-02
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Relinquishment denied (OD49) ~ Appellee’s Response in Opposition to Appellant’s Motion for Relinquishment of Jurisdiction is noted. Upon consideration, pro se Appellant’s Motion for Relinquishment Jurisdiction is hereby denied.
|
|
| Docket Date |
2021-11-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ U.S. BANK'S RESPONSE IN OPPOSITION TO APPELLANT'S MOTION FOR RELINQUISH OF JURISDICTION
|
| On Behalf Of |
U.S. Bank, N.A.
|
|
| Docket Date |
2021-11-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Ext-granted to respond to motion (OG01A) ~ Appellee U.S. Bank National Association’s Unopposed Motion for Extension of Time to File a Response in Opposition to Appellant’s Motion for Relinquish of Jurisdiction is granted to and including November 30, 2021.
|
|
| Docket Date |
2021-11-05
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ U.S. BANK'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE RESPONSE IN OPPOSITION TO APPELLANT'S MOTION FOR RELINQUISH OF JURISDICTION
|
| On Behalf Of |
U.S. Bank, N.A.
|
|
| Docket Date |
2021-10-22
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
|
| On Behalf Of |
ELIEZER TAVERAS
|
|
| Docket Date |
2021-10-05
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
ELIEZER TAVERAS
|
|
| Docket Date |
2021-10-04
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Mot to Supplement Rec w/attachment Granted (OG13) ~ Appellee’s Unopposed Motion to Supplement the Record, filed on October 1, 2021, is granted, and the record on appeal is supplemented to include the documents that are attached to said Motion.
|
|
| Docket Date |
2021-10-01
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
U.S. Bank, N.A.
|
|
| Docket Date |
2021-10-01
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record
|
| On Behalf Of |
U.S. Bank, N.A.
|
|
| Docket Date |
2021-08-25
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2021-08-24
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Clerk Ordered to Supplement Record (OG13A) ~ Pro se Appellant’s Unopposed Motion to Supplement the Record on Appeal, filed on August 23, 2021, is granted, and the clerk of the trial court is directed to supplement the record on appeal with the documents as stated in said Motion.
|
|
| Docket Date |
2021-08-23
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record
|
| On Behalf Of |
ELIEZER TAVERAS
|
|
| Docket Date |
2021-08-20
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT RESPONSE TO APPELLEE'S MOTION FOREXTENSION OF TIME TO FILE RESPONSE TO INITIAL BRIEF
|
| On Behalf Of |
ELIEZER TAVERAS
|
|
| Docket Date |
2021-08-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Extension granted to file answer brief (OG04) ~ Pro se Appellant’s Response to Appellee’s Motion for Extension of Time to File the answer brief is noted. Appellee’s Motion for Extension of Time to File the answer brief is granted to and including October 1, 2021.
|
|
| Docket Date |
2021-08-18
|
| 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 |
U.S. Bank, N.A.
|
|
| Docket Date |
2021-07-29
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
ELIEZER TAVERAS
|
|
| Docket Date |
2021-07-21
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2021-07-20
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Clerk Ordered to Supplement Record (OG13A) ~ Appellee’s Motion to Supplement the Record, filed on July 9, 2021, is granted, and the clerk of the trial court is directed to supplement the record on appeal with the documents as stated in said Motion.
|
|
| Docket Date |
2021-07-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT RESPONSE TO APPELLEE'S MOTION TO SUPPLEMENTRECORDS ON APPEAL
|
| On Behalf Of |
ELIEZER TAVERAS
|
|
| Docket Date |
2021-07-16
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
U.S. Bank, N.A.
|
|
| Docket Date |
2021-07-09
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the Record ~ APPELLEE'S MOTION TO SUPPLEMENT THE RECORD ON APPEAL
|
| On Behalf Of |
U.S. Bank, N.A.
|
|
| Docket Date |
2021-07-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ IB-21 days to 7/30/21
|
|
| Docket Date |
2021-07-01
|
| 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 |
ELIEZER TAVERAS
|
|
| Docket Date |
2021-06-02
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2021-05-07
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
U.S. Bank, N.A.
|
|
| Docket Date |
2022-02-04
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc ~ APPELLANT MOTION FOR REHEARING, AND REHEARING EN BANC,AND REQUEST FOR WRITTEN OPINION
|
| On Behalf Of |
ELIEZER TAVERAS
|
|
| Docket Date |
2021-05-04
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar or Related Case
|
| On Behalf Of |
ELIEZER TAVERAS
|
|
| Docket Date |
2021-04-30
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The 3DCA $300 filing fee for a notice of appeal is due.
|
|
| Docket Date |
2021-04-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-05-18
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Opinion
|
| Description |
Supreme Court Disposition ~ The petition for review is hereby dismissed on the Court’s ownmotion based on petitioner's failure to timely file the jurisdictionalbrief. Any and all pending motions are hereby denied as moot. Ifpetitioner wishes to seek reinstatement, the motion for reinstatementmust be filed within fifteen days from the date of this order.
|
|
| Docket Date |
2022-03-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing and Rehearing En Banc
|
| Description |
Rehearing & Rehearing en banc denied (OD57A) ~ Upon consideration, pro se Appellant’s Motion for Rehearing and Request for Written Opinion is hereby denied. Pro se Appellant’s Motion for Rehearing En Banc is denied.
|
|
| Docket Date |
2022-02-04
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-05-04
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
ELIEZER TAVERAS
|
|
| Docket Date |
2021-04-30
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
U.S. Bank, N.A.
|
|
| Docket Date |
2021-04-30
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/o atty (OR14C) ~ This is to notify 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 dollar ($300.00) fee is paid to the Clerk of the Court by cash, cashier’s check, money order, or electronically through the Florida Courts E-Filing Portal on or before may 10, 2021, or unless a certified copy of the application for determination of civil indigent status in which the lower tribunal clerk has determined the appellant to be indigent is received on or before said date.
|
|
|
|
ELIEZER TAVERAS, et al., VS U.S. BANK NATIONAL ASSOCIATION, etc.,
|
3D2021-1016
|
2021-04-27
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
17-20857
|
Parties
| Name |
ELIEZER TAVERAS, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
NATHAN TAVERAS
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
U.S. Bank, N.A.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ERIC L. BRONFELD, Patricia Gladson, EZEQUIEL J. ROMERO
|
|
| Name |
OCWEN LOAN SERVICING, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Carlos Lopez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-05-17
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2021-05-17
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-05-07
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
U.S. Bank, N.A.
|
|
| Docket Date |
2021-04-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for a petition is due.
|
|
| Docket Date |
2021-04-27
|
| Type |
Disposition by Opinion
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2021-04-27
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Emergency Motion To Stay ~ EMERGENCY MOTION TO STAY WRIT OF POSSESSION OR TO STRIKE ORDER FOR WRIT OF POSSESSION PENDING WRIT OF PROHIBITION
|
| On Behalf Of |
ELIEZER TAVERAS
|
|
| Docket Date |
2021-04-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO PETITION
|
| On Behalf Of |
ELIEZER TAVERAS
|
|
| Docket Date |
2021-04-27
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Docket Entry ~ ORDER TRANSFERRING PETITION FROM SUPREME COURT
|
|
| Docket Date |
2021-04-27
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition ~ PETITION FOR WRIT OF PROHIBITION/MANDAMUS AND EMERGENCY ORDER TO STAY PROCEEDING
|
| On Behalf Of |
ELIEZER TAVERAS
|
|
| Docket Date |
2021-04-27
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Prohibition Denied (No Response) (DA32B) ~ Upon consideration, pro se Petitioners’ Emergency Motion to Stay Writ of Possession or to Strike Order for Writ of Possession Pending Writ of Prohibition is hereby denied. Following review of the pro se “Petition for Writ of Prohibition/Mandamus and Emergency Order to Stay Proceeding,” it is ordered that said Petition is hereby denied.
|
|
|
|
ELIEZER TAVERAS, ET AL. VS U.S. BANK NATIONAL ASSOCIATION, ETC.
|
SC2021-0605
|
2021-04-23
|
Closed
|
|
| Classification |
Original Proceedings - Writ - Prohibition
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
132017CA020857000001
|
Parties
| Name |
Nathan Tavares
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
ELIEZER TAVERAS, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
U.S. BANK NATIONAL ASSOCIATION
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Eric L. Bronfeld
|
|
| Name |
Hon. Harvey Ruvin
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Hon. Mercedes M. Prieto
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-04-27
|
| Type |
Motion
|
| Subtype |
Stay (Proceedings Below)
|
| Description |
MOTION-STAY (PROCEEDINGS BELOW) ~ EMERGENCY MOTION TO STAY WRIT OF POSSESSION OR TO STRIKE ORDER FOR WRIT OF POSSESSION PENDING WRIT OF PROHIBITION (04/27/2021: FORWARDED TO TRANSFEREE COURT ALONG WITH TRANSFER ORDER)
|
| On Behalf Of |
Eliezer Taveras
|
| View |
View File
|
|
| Docket Date |
2021-04-26
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
|
| Docket Date |
2021-04-26
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE
|
|
| Docket Date |
2021-04-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-04-23
|
| Type |
Petition
|
| Subtype |
Petition Filed
|
| Description |
PETITION-PROHIBITION ~ Filed as "Petition for Writ of Prohibition/Mandamus and Emergency Order to Stay Proceedings"
|
| On Behalf Of |
Eliezer Taveras
|
| View |
View File
|
|
| Docket Date |
2021-04-27
|
| Type |
Disposition
|
| Subtype |
Tsfr Circ Ct/DCA (Harvard)
|
| Description |
DISP-TSFR CIRC CT/DCA (HARVARD) ~ Petitioners have submitted a "Petition for Writ of Prohibition/Mandamus and Emergency Order to Stay Proceedings," which this Court has treated as a petition for writ of prohibition. The petition is hereby transferred, pursuant to Harvard v. Singletary, 733 So. 2d 1020 (Fla. 1999), to the Third District Court of Appeal. The transfer of this case should not be construed as an adjudication or comment on the merits of the petition, nor as a determination that the transferee court has jurisdiction or that the petition has been properly denominated as a petition for writ of prohibition. The transferee court should not interpret the transfer of this case as an indication that it must or should reach the merits of the petition. The transferee court shall treat the petition as if it had been originally filed there on the date it was filed in this Court. Any determination concerning whether a filing fee shall be applicable to this case shall be made by the transferee court. Any and all pending motions in this case are hereby deferred to the transferee court.Any future pleadings filed regarding this case should be filed in the above mentioned district court at 2001 Southwest 117th Avenue, Miami, Florida 33175.
|
|
|
