| Docket Date |
2017-04-21
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2017-04-21
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2017-03-31
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion ~ ORDERED that appellants' March 17, 2017 motion for issuance of written opinion is denied.
|
|
| Docket Date |
2017-03-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO ISSUE WRITTEN OPINION
|
| On Behalf Of |
FUNCOM LOAN, LLC
|
|
| Docket Date |
2017-03-22
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Grant Clarification ~ ORDERED that the appellee's March 2, 2017 motion for clarification of this court's March 2, 2017 opinion and final orders is granted; further,ORDERED that this court's March 2, 2017 orders are vacated; further,ORDERED that the appellee's October 4, 2016 motion for attorneys' 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; further,ORDERED that the appellants' October 4, 2016 motion for attorneys' fees on appeal is denied.
|
|
| Docket Date |
2017-03-17
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ FOR ISSUANCE OF A WRITTEN OPINION
|
| On Behalf Of |
BANK REO SERVICING, LLC
|
|
| Docket Date |
2017-03-02
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Unconditionally ~ **VACATED**ORDERED that the appellants' October 4, 2016 motion for attorneys' fees is granted. On remand, the trial court shall set 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 |
2017-03-02
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2017-03-02
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification ~ AS TO THE COURT'S 3/2/17 OPINION AND FINAL ORDERS
|
| On Behalf Of |
FUNCOM LOAN, LLC
|
|
| Docket Date |
2017-03-02
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
FUNCOM LOAN, LLC
|
|
| Docket Date |
2016-11-10
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ ORDERED that appellants' October 19, 2016 motion to accept motion for attorneys' fees out of time is granted, and the motion is accepted.
|
|
| Docket Date |
2016-11-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO ACCEPT THE MOTION FOR ATTORNEYS' FEES OUT OF TIME
|
| On Behalf Of |
BANK REO SERVICING, LLC
|
|
| Docket Date |
2016-11-07
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
BANK REO SERVICING, LLC
|
|
| Docket Date |
2016-10-25
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that the appellee's October 19, 2016 reply to response is stricken as unauthorized.
|
|
| Docket Date |
2016-10-19
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO ACCEPT THE MOTION FOR ATTORNEYS' FEES OUT OF TIME
|
| On Behalf Of |
FUNCOM LOAN, LLC
|
|
| Docket Date |
2016-10-19
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response ~ **STRICKEN AS UNAUTHORIZED**
|
| On Behalf Of |
FUNCOM LOAN, LLC
|
|
| Docket Date |
2016-10-04
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
BANK REO SERVICING, LLC
|
|
| Docket Date |
2016-10-04
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ (DENIED)
|
| On Behalf Of |
BANK REO SERVICING, LLC
|
|
| Docket Date |
2016-09-23
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ 7 DAYS TO 10/3/16
|
| On Behalf Of |
BANK REO SERVICING, LLC
|
|
| Docket Date |
2016-09-01
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
FUNCOM LOAN, LLC
|
|
| Docket Date |
2016-08-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 10 DAYS TO 09/01/16
|
| On Behalf Of |
FUNCOM LOAN, LLC
|
|
| Docket Date |
2016-07-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 08/22/16
|
| On Behalf Of |
FUNCOM LOAN, LLC
|
|
| Docket Date |
2016-07-07
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that the appellants' June 29, 2016 amended unopposed motion to supplement the record on appeal is granted, and the record is supplemented to include IREIT's Motion for Leave to Amend dated December 30, 2015 and the Transcript from the January 6, 2016 hearing on Appellee's Renewed Motion for Summary Judgment. Said supplemental record is deemed filed as of the date of this order.
|
|
| Docket Date |
2016-07-07
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ (29 PAGES) **SEE 7/7/16 ORDER**
|
| On Behalf Of |
BANK REO SERVICING, LLC
|
|
| Docket Date |
2016-07-01
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
BANK REO SERVICING, LLC
|
|
| Docket Date |
2016-06-29
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record ~ **AMENDED**
|
| On Behalf Of |
BANK REO SERVICING, LLC
|
|
| Docket Date |
2016-05-31
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 07/5/16
|
| On Behalf Of |
BANK REO SERVICING, LLC
|
|
| Docket Date |
2016-05-31
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ (361 PAGES)
|
|
| Docket Date |
2016-05-27
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (410 PAGES)
|
|
| Docket Date |
2016-05-24
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ In light of the Clerk's May 11, 2016 response, it is ORDERED that appellants' April 20, 2016 unopposed motion for order directing the clerk to transmit the complete record is treated as a motion to supplement the record and is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within twenty (20) days from the date of this order. Appellants shall monitor the supplementation process.
|
|
| Docket Date |
2016-05-20
|
| Type |
Order
|
| Subtype |
Order on Motion For Substitution of Counsel
|
| Description |
ORD-Grant Substitution of Counsel ~ ORDERED that pursuant to the stipulation for substitution of counsel filed May 17, 2016, David Greene, Esquire, and Susanne Calabrese, Esquire, of Fox Rothschild LLC are substituted for Patrick H. Gonyea, Esquire of the Law Offices of Patrick H. Gonyea, P.A. as counsel for appellants in the above-styled cause.
|
|
| Docket Date |
2016-05-17
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 06/02/16
|
| On Behalf Of |
BANK REO SERVICING, LLC
|
|
| Docket Date |
2016-05-17
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion For Substitution of Counsel
|
| Description |
Motion For Substitution of Counsel
|
| On Behalf Of |
BANK REO SERVICING, LLC
|
|
| Docket Date |
2016-05-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO COMPEL **SEE 5/24/16 ORDER**
|
|
| Docket Date |
2016-05-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants' May 3, 2016 agreed motion for extension of time is granted, and appellants shall serve the initial brief within five (5) days following the clerk of the lower tribunal's transmission of the entire record on appeal. 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 |
2016-05-03
|
| 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 |
BANK REO SERVICING, LLC
|
|
| Docket Date |
2016-04-25
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ ORDERED that the lower tribunal clerk is directed to respond, within five (5) days from the date of this order, to appellants' April 20, 2016 unopposed motion for an order directing the clerk to transmit the complete record.
|
|
| Docket Date |
2016-04-20
|
| Type |
Motions Other
|
| Subtype |
Motion To Compel
|
| Description |
Motion To Compel ~ THE L.T. CLERK TO TRANSMIT THE COMPLETE RECORD **TREATED AS M/SUPPLEMENT - SEE 5/24/16 ORDER**
|
| On Behalf Of |
BANK REO SERVICING, LLC
|
|
| Docket Date |
2016-03-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
ORD-Reinstatement ~ ORDERED that the appellants' March 23, 2016 motion for reinstatement is granted, and the above-styled appeal is reinstated.
|
|
| Docket Date |
2016-03-23
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2016-03-23
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
BANK REO SERVICING, LLC
|
|
| Docket Date |
2016-03-23
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
BANK REO SERVICING, LLC
|
|
| Docket Date |
2016-03-23
|
| 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 |
2016-03-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-03-01
|
| 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 |
2016-02-26
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
BANK REO SERVICING, LLC
|
|
| Docket Date |
2016-02-26
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
