|
SHAKEMA GLOVER, Appellant(s) v. WESTLAKE SERVICES, LLC, et al., Appellee(s).
|
4D2024-1065
|
2024-04-25
|
Open
|
|
| Classification |
NOA Final - County Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502023CC001454XXXX
|
Parties
| Name |
Shakema Glover
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
WESTLAKE SERVICES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Alan Jefferey Miller, Carlos Cruanes
|
|
| Name |
WESTLAKE FINANCIAL SERVICES LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Andreau, Palma, Lavin & Solis, PLLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-05-16
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Shakema Glover
|
|
| Docket Date |
2024-10-21
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
Westlake Services, LLC
|
| View |
View File
|
|
| Docket Date |
2024-10-18
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
|
| Docket Date |
2024-05-16
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Filing
|
| View |
View File
|
|
| Docket Date |
2024-10-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
|
| Docket Date |
2024-10-04
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Westlake Services, LLC
|
|
| Docket Date |
2024-09-10
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| View |
View File
|
|
| Docket Date |
2024-08-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDERED that Appellant's August 23, 2024 motion for extension of time is granted, and Appellant shall serve the initial brief within forty-five (45) days 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.
|
| View |
View File
|
|
| Docket Date |
2024-08-26
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Shakema Glover
|
| View |
View File
|
|
| Docket Date |
2024-08-23
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
|
| Docket Date |
2024-08-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDERED that this court's August 1, 2024 order to show cause is discharged. Further, ORDERED that Appellant's August 12, 2024 motion for extension of time is granted, and Appellant shall serve the initial brief on or before August 26, 2024. 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.
|
| View |
View File
|
|
| Docket Date |
2024-08-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
|
| Docket Date |
2024-08-01
|
| Type |
Order
|
| Subtype |
Show Cause for Brief or Record on Appeal
|
| Description |
ORDERED that Appellant in the above-styled case 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 for lack of timely prosecution, in that Appellant's initial brief has not been filed with this court as of the date of this order. 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.
|
| View |
View File
|
|
| Docket Date |
2024-07-15
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal - 343 pages
|
| On Behalf Of |
Palm Beach Clerk
|
|
| Docket Date |
2024-07-09
|
| Type |
Order
|
| Subtype |
Show Cause for Brief or Record on Appeal
|
| Description |
ORDERED that Appellant in the above-styled case 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 for lack of timely prosecution, in that the record on appeal has not been filed with this court as of the date of this order. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the record on appeal is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
| View |
View File
|
|
| Docket Date |
2024-06-25
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed
|
|
| Docket Date |
2024-06-10
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
ORDERED that Appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order being appealed. See Fla. R. App. P. 9.110(d). This copy must contain a legible stamp from the clerk of the lower tribunal, showing the date and time the order being appealed was filed in that office.
|
| View |
View File
|
|
| Docket Date |
2024-06-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
Order on Motion for Reinstatement
|
| View |
View File
|
|
| Docket Date |
2024-05-31
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
|
| Docket Date |
2024-05-31
|
| Type |
Notice
|
| Subtype |
Notice of Compliance
|
| Description |
Notice of Compliance
|
| On Behalf Of |
Shakema Glover
|
|
| Docket Date |
2024-05-21
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Case Filing Fee Paid -300
|
| View |
View File
|
|
| Docket Date |
2024-05-21
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDERED sua sponte that the above-styled appeal is dismissed for non-payment of the $300.00 filing fee.
|
| View |
View File
|
|
| Docket Date |
2024-04-29
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-04-29
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-10-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDERED that Appellees' October 7, 2024 motion for extension of time is granted, and Appellees shall serve the answer brief on or before October 22, 2024. In addition, Appellees are notified that the failure to serve the brief within the time provided herein may foreclose Appellees' right to file a brief or otherwise participate in this appeal.
|
| View |
View File
|
|
| Docket Date |
2024-12-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORDERED that Appellant's November 27, 2024 motion for extension of time be treated as a motion to stay and granted for thirty (30) days from the date of this order.
|
| View |
View File
|
|
| Docket Date |
2024-11-28
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
Shakema Glover
|
|
| Docket Date |
2024-11-08
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
The October 18, 2024 motion of Law Office of Ray Garcia, P.A., counsel for Appellant, to withdraw as counsel is granted. Accordingly, it is ORDERED that (1) this appeal is stayed for twenty (20) days from the date of this order so that new counsel, if desired, may be obtained; (2) this stay will be automatically lifted if substitute counsel files a notice of appearance prior to the end of the 20-day abatement period; (3) if no counsel has filed a notice of appearance within twenty (20) days, all filings shall be sent to Appellant at the address appearing below; Shakema Glover
PO Box 19204
West Palm Beach, Florida 33416
shakemag@yahoo.com (4) if substitute counsel does not appear within twenty (20) days from the date of this order, Appellant is advised that the case will move forward after the abatement period and compliance with the Florida Rules of Appellate Procedure and the rules of this court is required. Failure to comply with the rules may result in dismissal or other sanctions.
|
| View |
View File
|
|
| Docket Date |
2024-08-26
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORDERED that Appellant's August 26, 2024 initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service or the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f). You are notified of the requirement to serve the Appellee with a copy of everything you file with this court and to indicate in the certificate of service that you served the Appellee. Appellant may re-file the document with a proper certificate of service which indicates service on the Appellee within fifteen (15) days from the date of this order.
|
| View |
View File
|
|
| Docket Date |
2024-04-29
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Amended/Additional Filing(s) Needed
|
| View |
View File
|
|
|
|
WESTLAKE SERVICES, LLC d/b/a WESTLAKE FINANCIAL SERVICES, Appellant(s) v. RENAE BROWN, Appellee(s).
|
4D2023-0274
|
2023-01-30
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE22009311
|
Parties
| Name |
WESTLAKE FINANCIAL SERVICES LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
WESTLAKE SERVICES, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Alan Michael Pierce
|
|
| Name |
Renae Brown
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Robert William Murphy, John Roddy, Gillian DiFilippo Williston
|
|
| Name |
Hon. Barbara Anne McCarthy
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-05-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's May 8, 2023 motion for extension of time is granted, and appellee shall serve the answer brief within thirty (30) days from the current due date. 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 |
2023-02-02
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that, within ten (10) days from the date of this order, appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the December 28, 2022 order is an appealable nonfinal order, as it appears the order merely denies a motion to vacate an arbitration order. See Fla. R. App. P. 9.130; Pineside Condo. Ass'n v. Rey, 342 So. 3d 741 (Fla. 3d DCA 2022) ("Appeals of non-final orders that fall outside the scope of Florida Rule of Appellate Procedure 9.130(a)(3) must be dismissed.") (citing Valledor Co. v. Decky, 338 So. 3d 956 (Fla. 3d DCA 2022); Truist Bank v. De Posada, 307 So. 3d 824, 826 (Fla. 3d DCA 2020) ("[W]hether the non-final order has the requisite determination so as to trigger [Rule 9.130(a)(3)(C)'s] applicability - this Court looks to the four corners of the challenged order not the arguments made in the underlying motion."). Further,Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2023-01-30
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Westlake Services, LLC
|
|
| Docket Date |
2023-10-27
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-10-27
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2023-10-05
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2023-08-11
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Westlake Services, LLC
|
|
| Docket Date |
2023-07-31
|
| 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 July 28, 2023 motion for extension of time is granted, and appellant shall serve the reply brief on or before August 11, 2023. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2023-07-28
|
| 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 |
Westlake Services, LLC
|
|
| Docket Date |
2023-07-17
|
| 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 July 14, 2023 motion for extension of time is granted in part. Appellant shall serve the reply brief within fifteen (15) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2023-07-14
|
| 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 |
Westlake Services, LLC
|
|
| Docket Date |
2023-06-14
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Renae Brown
|
|
| Docket Date |
2023-05-08
|
| 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 |
Renae Brown
|
|
| Docket Date |
2023-04-19
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
Ord-Leave to Appear Pro Hac Vice ~ ORDERED that appellee's April 17, 2023 verified motion for permission to appear pro hac vice is granted, and John Roddy, Esquire is permitted to appear in this appeal as counsel for appellee. John Roddy, Esquire is advised that this court does not send paper documents to attorneys and he or she shall register for this court’s eDCA system and the Florida Courts E-Filing Portal within five (5) days from the date of this order.
|
|
| Docket Date |
2023-04-18
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
Order to Pay Fee - Motion to appear pro hac vice ~ This court is in receipt of the verified motion for admission to appear pro hac vice filed April 17, 2023. Further,ORDERED that John Roddy, Esq., shall tender the $100 appearance fee required by section 35.22(2)(a), Florida Statutes (2021), within ten (10) days from the date of the entry of this order. Upon so tendering the motion will be granted. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details.
|
|
| Docket Date |
2023-04-18
|
| Type |
Misc. Events
|
| Subtype |
Pro Hac Vice Fee Paid through Portal
|
| Description |
PRO HAC VICE FEE PAID THROUGH PORTAL
|
| On Behalf Of |
Renae Brown
|
|
| Docket Date |
2023-04-17
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Westlake Services, LLC
|
|
| Docket Date |
2023-04-17
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Mot. to appear pro hac vice ~ JOHN RODDY
|
| On Behalf Of |
Renae Brown
|
|
| Docket Date |
2023-04-14
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Westlake Services, LLC
|
|
| Docket Date |
2023-03-27
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that, upon consideration of appellant's February 13, 2023 jurisdictional brief and appellee's March 20, 2023 response, this appeal shall proceed. Fla. R. App. P. 9.130(a)(3)(C)(iv); see BDO Seidman, LLP v. Bee, 970 So. 2d 869 (Fla. 4th DCA 2007); Friendly Homes of the S. Inc. v. Fontice, 932 So. 2d 634, 636 (Fla. 2d DCA 2006).
|
|
| Docket Date |
2023-03-20
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Renae Brown
|
|
| Docket Date |
2023-03-14
|
| 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 March 13, 2023 motion for extension of time is granted, and appellant shall serve the initial brief within thirty (30) days from the current due date. 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 |
2023-03-13
|
| 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 |
Westlake Services, LLC
|
|
| Docket Date |
2023-03-10
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellee is directed to respond, within ten (10) days from the date of this order, to appellant’s February 13, 2023 jurisdictional brief.
|
|
| Docket Date |
2023-02-13
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Westlake Services, LLC
|
|
| Docket Date |
2023-02-13
|
| 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 February 13, 2023 motion for extension of time is granted, and appellant shall serve the initial brief within thirty (30) days 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 |
2023-02-13
|
| 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 |
Westlake Services, LLC
|
|
| Docket Date |
2023-01-30
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-01-30
|
| 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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of 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 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 lower tribunal clerk's determination of indigent status is filed.
|
|
| Docket Date |
2023-01-30
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Westlake Services, LLC
|
|
|
|
PEDRO A. LUCIO VEGA VS WESTLAKE FINANCIAL SERVICES LLC d/b/a WESTLAKE FINANCIAL SERVICES
|
4D2022-0792
|
2022-03-21
|
Closed
|
|
| Classification |
NOA Final - County Small Claims - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Fifteenth Judicial Circuit, Palm Beach County
502021SC018322
|
Parties
| Name |
Pedro A. Lucio Vega
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
WESTLAKE FINANCIAL SERVICES LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Ramiro G. Kruss
|
|
| Name |
Hon. John J. Parnofiello
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-05-02
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed-Failure to Comply ~ ORDERED sua sponte that the above-styled appeal is dismissed for failure to comply with this court's March 23, 2022 and April 12, 2022 orders.
|
|
| Docket Date |
2022-05-02
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2022-04-12
|
| Type |
Order
|
| Subtype |
Show Cause re Compliance with Prior Order
|
| Description |
Order to Show Cause-Appeal Dismissal ~ 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 March 23, 2022 order requiring a conformed copy of the order being appealed to be filed with this court. If the order is filed within this ten (10) day period, this order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2022-03-23
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Aplnt to file underlying order being appealed ~ The Notice of Appeal seeks an appeal of the order denying a motion for rehearing. An order denying a motion for rehearing is not independently appealable. Within ten (10) days from the date of this order, appellant shall submit a conformed copy of the underlying order which is the subject of the motion for rehearing for the purpose of determining whether the filing of the motion for rehearing tolled the jurisdictional time limit of the filing of the Notice of Appeal of the underlying order from which appellant seeks review.
|
|
| Docket Date |
2022-03-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-03-21
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Pedro A. Lucio Vega
|
|
| Docket Date |
2022-03-21
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
ORD-L.T. INSOLVENCY OR INDIGE.
|
|
|
|
CHARLES SMITH VS WESTLAKE FINANCIAL SERVICES LLC
|
4D2022-0052
|
2022-01-06
|
Closed
|
|
| Classification |
NOA Final - County Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
COCE21-019404
|
Parties
| Name |
CHARLES SMITH LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
WESTLAKE FINANCIAL SERVICES LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Manuel Peraza
|
|
| Name |
Hon. Daniel J. Kanner
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-11-21
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-11-18
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-10-27
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2022-04-14
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Charles Smith
|
|
| Docket Date |
2022-04-14
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Charles Smith
|
|
| Docket Date |
2022-04-11
|
| 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, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that 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 |
2022-03-04
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ ORDERED that appellant's March 3, 2022, motion to file out-of-time response is granted. The response is accepted as timely, and the case shall proceed.
|
|
| Docket Date |
2022-03-03
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed ~ PS Charles Smith
|
| On Behalf Of |
Charles Smith
|
|
| Docket Date |
2022-03-03
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO FILE OUT-OF-TIME RESPONSE.
|
| On Behalf Of |
Charles Smith
|
|
| Docket Date |
2022-01-31
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that, in light of the December 8, 2021 final judgment contained in the record, this appeal shall proceed.
|
|
| Docket Date |
2022-01-10
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (70 PAGES)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-01-07
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Appellant to File Order Appealed-Civil ~ ORDERED that appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order being appealed. See Fla. R. App. P. 9.110(d). This copy must contain a legible stamp from the clerk of the lower tribunal, showing the date and time the order being appealed was filed in that office.
|
|
| Docket Date |
2022-01-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-01-06
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
LT Certificate of Indigency
|
|
| Docket Date |
2022-01-06
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Charles Smith
|
|
|
|
WESTLAKE FINANCIAL SERVICES LLC d/b/a WESTLAKE FINANCIAL SERVICES VS CYNTHIA G. CANARIO
|
4D2021-3364
|
2021-11-29
|
Closed
|
|
| Classification |
NOA Final - County Small Claims - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Fifteenth Judicial Circuit, Palm Beach County
502021SC006156
|
Parties
| Name |
WESTLAKE FINANCIAL SERVICES LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Ramiro G. Kruss
|
|
| Name |
Cynthia G. Canario
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Seth Weider
|
|
| Name |
Hon. Edward A. Garrison
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-01-26
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that appellee’s December 29, 2021 motion for attorney’s fees is denied.
|
|
| Docket Date |
2022-01-19
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2022-01-19
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ ORDERED that, upon consideration of appellant’s December 28, 2021 jurisdictional brief and appellee’s December 29, 2021 response, this appeal is dismissed, without prejudice, for lack of jurisdiction. See Singleton v. Realty Land Invs., Inc., 5 So. 3d 794, 795 (Fla. 1st DCA 2009); Caufield v. Cantele, 837 So. 2d 371, 375 (Fla. 2002); Mendez v. W. Flagler Fam. Ass’n, 303 So. 2d 1, 5 (Fla. 1974).MAY, GERBER and LEVINE, JJ., concur.
|
|
| Docket Date |
2021-12-29
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Cynthia G. Canario
|
|
| Docket Date |
2021-12-29
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Cynthia G. Canario
|
|
| Docket Date |
2021-12-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO STATEMENT OF JURISDICTION
|
| On Behalf Of |
Cynthia G. Canario
|
|
| Docket Date |
2021-12-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Westlake Financial Services LLC
|
|
| Docket Date |
2021-12-28
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 45 DAYS TO 2/12/22
|
|
| Docket Date |
2021-12-28
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Westlake Financial Services LLC
|
|
| Docket Date |
2021-12-21
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant's December 20, 2021 jurisdictional brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2021-12-20
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief ~ **STRICKEN**
|
| On Behalf Of |
Westlake Financial Services LLC
|
|
| Docket Date |
2021-11-30
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that, within ten (10) days from the date of this order, appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the November 1, 2021 order is a final or nonfinal appealable order, as it appears to only grant a motion for summary disposition as to the counterclaims but does not enter judgment or provide words of finality as to said claims; and how the October 26, 2021 order is a nonfinal appealable order, as it appears to not be one of the enumerated nonfinal orders appealable under Florida Rule of Appellate Procedure 9.130. Further,Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2021-11-29
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Misc. LT pleadings ~ **Civil Cover Sheet**
|
|
| Docket Date |
2021-11-29
|
| 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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes, is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of 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 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 lower tribunal clerk's determination of indigent status is filed.
|
|
| Docket Date |
2021-11-29
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-11-29
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Westlake Financial Services LLC
|
|
|
|
EASY DEAL AUTO BROKERS CORP., et al. VS CHARLES VILSAINT
|
4D2021-0613
|
2021-01-27
|
Closed
|
|
| Classification |
NOA Non Final - County Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE20-3095
Circuit Court for the Seventeenth Judicial Circuit, Broward County
COCE18-13348
|
Parties
| Name |
EASY DEAL AUTO BROKERS, CORP.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Keith David Silverstein
|
|
| Name |
WESTLAKE SERVICES, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
WESTLAKE FINANCIAL SERVICES LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Gonzolo Galeano
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Charles Vilsaint
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Herbert B. Dell
|
|
| Name |
Hon. Giuseppina Miranda
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-04-01
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that appellants’ April 3, 2020 request for oral argument is denied. Further, ORDERED that appellants’ April 3, 2020 motion for attorney’s fees is denied. Further,ORDERED that appellee’s March 20, 2020 motion for attorney’s fees is granted, conditioned on the trial court determining that appellee is the prevailing party and, if so, setting 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 |
2021-01-29
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Related Case Order - Transfer ~ Upon consideration of the transfer of this case to this court from the circuit court, it is ORDERED that within ten (10) days from the date of this order, the parties shall: (1) ascertain whether there are any cases pending in this court, or any cases which are being transferred to this court from the circuit court, which are related to this case or raise same/similar issue(s); (2) if there are any related cases or cases which raise same/similar issue(s), file with this court a “Notice of Related Cases and/or Same or Similar Issues” which identifies those cases by district court and/or circuit court case number, states how those cases are related or contain same/similar issue(s) to this case, and addresses whether it would be appropriate for this court to consolidate those cases for all purposes or for purposes of assignment to the same panel; and (3) if there are no related cases or cases which raise same/similar issue(s), file a “Notice of Related Cases and/or Same or Similar Issues” which indicates that there are no related cases or cases with the same/similar issue(s).The parties may jointly file a single “Notice of Related Cases and/or Same or Similar Issues” in response to this order.
|
|
| Docket Date |
2021-04-22
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-04-22
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-04-06
|
| 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 |
2021-04-01
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2021-02-02
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
Charles Vilsaint
|
|
| Docket Date |
2021-01-29
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice
|
| On Behalf Of |
Easy Deal Auto Brokers Corp.
|
|
| Docket Date |
2021-01-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ ***AMENDED***
|
|
| Docket Date |
2021-01-28
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
|
| Docket Date |
2021-01-27
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF:Not Required
|
|
| Docket Date |
2021-01-27
|
| Type |
Notice
|
| Subtype |
Appeal Transfer Cover Sheet
|
| Description |
Appeal Transfer Form
|
| On Behalf Of |
Easy Deal Auto Brokers Corp.
|
|
|
