|
BARNSDALE HOLDINGS, LLC VS FEDERAL NATIONAL MORTGAGE ASSO., et al.
|
4D2015-4868
|
2015-12-30
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502009CA030313XXXXMB
|
Parties
| Name |
BARNSDALE HOLDINGS LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Amanda Lundergan, Steven J. Brotman
|
|
| Name |
FEDERAL NATIONAL MORTGAGE ASSO
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Daniel S. Stein, Brian Lee Rosaler, Christopher Patrick Hahn, Steven R. Braten, Paul Kim, David Yehuda Rosenberg
|
|
| Name |
NAUTICA HOMEOWNERS ASSOC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MARCELO VEDELAGO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
National City Bank
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ALESSANDRA P. PERSICILIO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Jeffrey Dana Gillen
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-05-12
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction ~ **TREATED AS A MOTION FOR REVIEW 6/2/16**
|
| On Behalf Of |
FEDERAL NATIONAL MORTGAGE ASSO
|
|
| Docket Date |
2016-05-10
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 06/13/16
|
| On Behalf Of |
BARNSDALE HOLDINGS, LLC
|
|
| Docket Date |
2016-05-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO CONFIRM L.T.'S JURISDICTION
|
| On Behalf Of |
BARNSDALE HOLDINGS, LLC
|
|
| Docket Date |
2016-12-05
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the December 1, 2016 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2016-12-05
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2016-12-01
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
BARNSDALE HOLDINGS, LLC
|
|
| Docket Date |
2016-11-30
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that the appellant is directed to file a status report within ten (10) days from the date of this order regarding the progress being made toward the settlement of this case.
|
|
| Docket Date |
2016-09-23
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
BARNSDALE HOLDINGS, LLC
|
|
| Docket Date |
2016-08-24
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Grant Stay ~ ORDERED that appellant's August 19, 2016 notice of filing status report is treated as an agreed motion to stay and is granted for thirty (30) days from the date of this order. Appellant shall file a status report or voluntary dismissal before expiration of the stay.
|
|
| Docket Date |
2016-08-19
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ **TREATED AS AN AGREED MOTION TO STAY**
|
| On Behalf Of |
BARNSDALE HOLDINGS, LLC
|
|
| Docket Date |
2016-07-20
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Grant Stay ~ ORDERED that appellant's July 12, 2016 unopposed motion for extension of time is treated as an agreed motion to stay and is granted for thirty (30) days from the date of this order. Appellant shall file a status report or voluntary dismissal before expiration of the stay.
|
|
| Docket Date |
2016-07-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ **TREATED AS AN AGREED MOTION TO STAY 7/20/16**
|
| On Behalf Of |
BARNSDALE HOLDINGS, LLC
|
|
| Docket Date |
2016-06-10
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 07/13/16
|
| On Behalf Of |
BARNSDALE HOLDINGS, LLC
|
|
| Docket Date |
2016-06-02
|
| Type |
Order
|
| Subtype |
Order on Motion For Review
|
| Description |
ORD-Grant Motion for Review ~ ORDERED that appellee¿s May 12, 2016 ¿motion to confirm the lower tribunal¿s jurisdiction¿ is treated as a motion for review of the trial court¿s order staying proceedings pending appeal. The motion is granted, and the trial court¿s order continuing trial is reversed. The trial court has jurisdiction to proceed with the trial of the foreclosure claim, as the order on appeal is from a separate and distinct counterclaim. Jallali v. Knightsbridge Vill. Homeowners¿ Ass¿n, 152 So. 3d 808, 810 (Fla. 4th DCA 2014).
|
|
| Docket Date |
2016-05-27
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellant's May 25, 2016 motion to supplement the record is granted. The proposed supplemental record is deemed filed.
|
|
| Docket Date |
2016-05-25
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
BARNSDALE HOLDINGS, LLC
|
|
| Docket Date |
2016-05-25
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
BARNSDALE HOLDINGS, LLC
|
|
| Docket Date |
2016-04-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 05/13/16
|
| On Behalf Of |
BARNSDALE HOLDINGS, LLC
|
|
| Docket Date |
2016-03-21
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 1305 PAGES
|
|
| Docket Date |
2016-02-04
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
FEDERAL NATIONAL MORTGAGE ASSO
|
|
| Docket Date |
2016-02-03
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Upon consideration of appellant's January 8, 2016 response to this court's January 4, 2016 order, it is ORDERED that this appeal shall proceed. The briefing schedule shall commence from the date of this order.
|
|
| Docket Date |
2016-01-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ STATEMENT EXPLAINING BASIS FOR SUBJECT MATTER JURISDICTION
|
| On Behalf Of |
BARNSDALE HOLDINGS, LLC
|
|
| Docket Date |
2016-01-06
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
FEDERAL NATIONAL MORTGAGE ASSO
|
|
| Docket Date |
2016-01-04
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-01-04
|
| 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 |
2015-12-30
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
BARNSDALE HOLDINGS, LLC
|
|
| Docket Date |
2015-12-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
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BARNSDALE HOLDINGS, LLC VS WELLS FARGO BANK, N.A., et al.
|
4D2015-1310
|
2015-04-06
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502010CA015088
|
Parties
| Name |
BARNSDALE HOLDINGS LLC
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Thomas E. Ice, Amanda Lundergan
|
|
| Name |
Wells Fargo Bank, N.A.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
ERIN BRADFORD, NICOLE MARIANI
|
|
| Name |
HON. ELI BREGER
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-04-06
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
BARNSDALE HOLDINGS, LLC
|
|
| Docket Date |
2016-05-25
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2015-09-24
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Per Curiam Opinion
|
|
| Docket Date |
2015-06-26
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
BARNSDALE HOLDINGS, LLC
|
|
| Docket Date |
2015-05-15
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
ORD-Deny Relinquishment of Jurisdiction ~ ORDERED that, having considered the response filed May 8, 2015, the motion to relinquish jurisdiction is denied.
|
|
| Docket Date |
2015-05-14
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response ~ TO S/C ORDER
|
| On Behalf Of |
BARNSDALE HOLDINGS, LLC
|
|
| Docket Date |
2015-05-14
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
|
| Docket Date |
2015-05-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO RELINQUISH JURISDICTION
|
| On Behalf Of |
Wells Fargo Bank, N.A.
|
|
| Docket Date |
2015-05-04
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
|
| On Behalf Of |
BARNSDALE HOLDINGS, LLC
|
|
| Docket Date |
2015-05-04
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
Wells Fargo Bank, N.A.
|
|
| Docket Date |
2015-04-14
|
| Type |
Order
|
| Subtype |
Show Cause re Petition
|
| Description |
ORD-Writs Show Cause with Reply ~ ORDERED that respondents in the above-styled case are hereby commanded to file with this Court and show cause, if any there be, within twenty (20) days, why the above-styled petition should not be granted as prayed; further,ORDERED that petitioner may file a reply in writing with this Court within ten (10) days of the date of service of the response.
|
|
| Docket Date |
2015-04-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2015-04-07
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Original Proceeding ~ The $300.00 filing fee or affidavit of indigency in conformance with section 57.081, Florida Statutes, did not accompany the petition as required in Florida Rules of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED.ORDERED, sua sponte, the $300.00 filing fee or affidavit of indigency in conformance with section 57.081, Florida Statutes must be filed in this Court within ten (10) days from the date of the entry 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 petition has a duty to tender the filing fee to the appellate court when the petition 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: 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 this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
|
|
| Docket Date |
2015-04-06
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
BARNSDALE HOLDINGS, LLC
|
|
| Docket Date |
2015-04-06
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
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BARNSDALE HOLDINGS, LLC VS FEDERAL NATIONAL MORTGAGE ASSOC., et al.
|
4D2014-3191
|
2014-08-25
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2010CA016556XXXXMB
|
Parties
| Name |
BARNSDALE HOLDINGS LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Thomas E. Ice, Amanda Lundergan
|
|
| Name |
MORTGAGE ELECTRONIC REGISTRATI
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FEDERAL NATIONAL MORTGAGE ASSOC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
DANNI LYNN GERMANO, Scott C. Gherman, LESLIE ADAMS BURGK, Marie A. Potopsingh, H. Michael Muniz
|
|
| Name |
MARK SCHENKER
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CITIBANK FEDERAL SAVINGS BANK
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
NAUTICA SOUND HOMEOWNERS ASSOC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ALL UNKNOWN PARTIES
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. DIANA LEWIS
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-05-06
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2016-05-06
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2016-04-14
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2016-04-08
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
BARNSDALE HOLDINGS, LLC
|
|
| Docket Date |
2016-01-26
|
| 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 |
2015-10-02
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
FEDERAL NATIONAL MORTGAGE ASSOC.
|
|
| Docket Date |
2015-09-15
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
BARNSDALE HOLDINGS, LLC
|
|
| Docket Date |
2015-09-14
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
BARNSDALE HOLDINGS, LLC
|
|
| Docket Date |
2015-09-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORD-Reply Brief to be Served ~ **FINAL**ORDERED that appellant's August 27, 2015 motion for extension of time is granted for ten (10) days only, and appellant shall serve the reply brief within ten (10) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it will be subject to being stricken, or the court in its discretion may impose other sanctions. This is the final extension of time that will be permitted for this purpose.
|
|
| Docket Date |
2015-08-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR EXT. OF TIME
|
| On Behalf Of |
FEDERAL NATIONAL MORTGAGE ASSOC.
|
|
| Docket Date |
2015-08-27
|
| 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 |
BARNSDALE HOLDINGS, LLC
|
|
| Docket Date |
2015-08-05
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
FEDERAL NATIONAL MORTGAGE ASSOC.
|
|
| Docket Date |
2015-07-01
|
| 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 June 22, 2015 motion for extension of time is granted, and appellant shall serve the reply brief within sixty (60) 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 |
2015-06-22
|
| 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 |
BARNSDALE HOLDINGS, LLC
|
|
| Docket Date |
2015-06-01
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
FEDERAL NATIONAL MORTGAGE ASSOC.
|
|
| Docket Date |
2015-05-05
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
BARNSDALE HOLDINGS, LLC
|
|
| Docket Date |
2015-05-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellant's motion filed April 20, 2015, for extension of time, is granted and appellant shall serve the initial brief within ten (10) 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 will be subject to dismissal or the court in its discretion may impose other sanctions. No further extensions will be permitted for this purpose.
|
|
| Docket Date |
2015-04-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR EXT. OF TIME
|
| On Behalf Of |
FEDERAL NATIONAL MORTGAGE ASSOC.
|
|
| Docket Date |
2015-04-20
|
| 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 |
BARNSDALE HOLDINGS, LLC
|
|
| Docket Date |
2015-04-02
|
| 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 unopposed motion filed March 24, 2015, for extension of time, is granted and appellant shall serve the initial brief within twenty (20) 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 |
2015-03-24
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ (GRANTED 4/2/15)
|
| On Behalf Of |
BARNSDALE HOLDINGS, LLC
|
|
| Docket Date |
2015-02-10
|
| 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 motion filed January 30, 2015, 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.
|
|
| Docket Date |
2015-01-30
|
| 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 |
BARNSDALE HOLDINGS, LLC
|
|
| Docket Date |
2014-12-03
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ SIX (6) VOLUMES
|
|
| Docket Date |
2014-11-07
|
| 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 motion filed October 31, 2014, for extension of time, is granted and appellant shall serve the initial brief within ninety (90) 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 |
2014-10-31
|
| 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 |
BARNSDALE HOLDINGS, LLC
|
|
| Docket Date |
2014-10-31
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
FEDERAL NATIONAL MORTGAGE ASSOC.
|
|
| Docket Date |
2014-08-27
|
| Type |
Order
|
| Subtype |
Order to Register/Update eDCA
|
| Description |
Counsel to register with eDCA ~ Be advised that Scott C. Gherman, Danni Lynn Germano, Marie A. Potopsingh and Leslie Adams Burgk have failed to comply with this Court¿s Administrative Order No. 2013-01, requiring counsel of record to register with the Fourth District Court of Appeal¿s electronic filing system to receive electronic copies of court communications, including but not limited to orders.You are further advised that to receive all communications from this Court in electronic form you must register at www.4dca.org or https://edca.4dca.org.Unless you obtain a hardship waiver of the registration requirement the Clerk of the Court shall cease mailing paper copies of all communications from the Court to you after ten (10) days from the date of this order.Paper copies can be obtained by completing a Copy Request Form located at www.4dca.org.AMERICANS WITH DISABILITIES ACT: If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, the provision of certain assistance. Please contact the Marshal, Daniel DiGiacomo, 4th District Court of Appeal, 1525 Palm Beach Lakes Blvd., West Palm Beach, Florida 33401, telephone (561)242-2000; 1-800-955-8771(TDD): or 1-800-955-8770(V) via Florida Relay Service, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
|
|
| Docket Date |
2014-08-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2014-08-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
BARNSDALE HOLDINGS, LLC
|
|
| Docket Date |
2014-08-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
BARNSDALE HOLDINGS LLC, VS CECILIA A. TEVES,
|
3D2014-0656
|
2014-03-25
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
12-27944
|
Parties
| Name |
BARNSDALE HOLDINGS LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
AMANDA L. LUNDERGAN, THOMAS D. HALL, THOMAS ERSKINE ICE
|
|
| Name |
CECILIA A TEVES
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
PATRICK S. MEIGHAN, KHARI E. TAUSTIN, JEREMY W. HARRIS, MICHAEL J. POSNER
|
|
| Name |
HON. DARRIN P. GAYLES
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2014-12-05
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2014-12-05
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2014-11-19
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Opinion
|
|
| Docket Date |
2014-11-05
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 3rd DCA
|
|
| Docket Date |
2014-11-03
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ of appearance at o/a
|
| On Behalf Of |
BARNSDALE HOLDINGS, LLC
|
|
| Docket Date |
2014-10-31
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
BARNSDALE HOLDINGS, LLC
|
|
| Docket Date |
2014-10-20
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
ORAL ARGUMENT RECEIPT
|
| On Behalf Of |
BARNSDALE HOLDINGS, LLC
|
|
| Docket Date |
2014-10-14
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
ORAL ARGUMENT RECEIPT
|
| On Behalf Of |
CECILIA A TEVES
|
|
| Docket Date |
2014-10-07
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
Notice of Oral Argument
|
|
| Docket Date |
2014-10-06
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
|
| Docket Date |
2014-10-06
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
BARNSDALE HOLDINGS, LLC
|
|
| Docket Date |
2014-09-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Extension granted to file reply brief NFE (OG05A) ~ Appellant's motion for an extension of time to serve the reply brief is granted to and including sixty (60) days from the date of this order, with no further extensions allowed.
|
|
| Docket Date |
2014-09-02
|
| 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 |
BARNSDALE HOLDINGS, LLC
|
|
| Docket Date |
2014-08-12
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
CECILIA A TEVES
|
|
| Docket Date |
2014-08-12
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
CECILIA A TEVES
|
|
| Docket Date |
2014-07-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ AE-15 days to 8/12/14.
|
|
| Docket Date |
2014-07-28
|
| 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 |
CECILIA A TEVES
|
|
| Docket Date |
2014-06-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ AE-30 days to 7/28/14.
|
|
| Docket Date |
2014-06-19
|
| 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 |
CECILIA A TEVES
|
|
| Docket Date |
2014-05-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ AE- 30 days to 6/29/14
|
|
| Docket Date |
2014-05-29
|
| 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 |
CECILIA A TEVES
|
|
| Docket Date |
2014-05-29
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CECILIA A TEVES
|
|
| Docket Date |
2014-04-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Ext. Gr.- Ans. Br. w/Statement to Counsel (OG04B) ~ Appellee's motion for an extension of time to file the answer brief is granted to and including thirty (30) days from the date of this order. The Court has entertained appellee's motion but points out to appellee the responsibility to confer with opposing counsel. See Fla. R. App. P. 9.300(a).
|
|
| Docket Date |
2014-04-25
|
| 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 |
CECILIA A TEVES
|
|
| Docket Date |
2014-04-25
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CECILIA A TEVES
|
|
| Docket Date |
2014-04-25
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Upon consideration, appellant¿s motion for approval to include public records in appendix is carried with the case.
|
|
| Docket Date |
2014-04-16
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Order Discharged (OR02) ~ Upon consideration of the response, the rule to show cause issued by this Court on April 3, 2014 is hereby discharged.
|
|
| Docket Date |
2014-04-09
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ motion for approval to include public records in appendix
|
| On Behalf Of |
BARNSDALE HOLDINGS, LLC
|
|
| Docket Date |
2014-04-09
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ of similar or related case
|
| On Behalf Of |
BARNSDALE HOLDINGS, LLC
|
|
| Docket Date |
2014-04-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to order to show cause
|
| On Behalf Of |
BARNSDALE HOLDINGS, LLC
|
|
| Docket Date |
2014-04-09
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
BARNSDALE HOLDINGS, LLC
|
|
| Docket Date |
2014-04-09
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
BARNSDALE HOLDINGS, LLC
|
|
| Docket Date |
2014-04-03
|
| Type |
Order
|
| Subtype |
Show Cause Jurisdiction
|
| Description |
Issue Rule-Lack of Jurisdiction (OR01B) ~ The parties are ordered to show cause within ten (10) days from the date of this order why the appeal should not be dismissed for lack of jurisdiction.
|
|
| Docket Date |
2014-03-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
|
| Docket Date |
2014-03-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2014-03-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2014-03-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
BARNSDALE HOLDINGS, LLC
|
|
|
|
BARNSDALE HOLDINGS, LLC, VS US BANK NATIONAL ASSOCIATION,
|
3D2012-2623
|
2012-10-09
|
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
08-33564
|
Parties
| Name |
BARNSDALE HOLDINGS LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
THOMAS ERSKINE ICE
|
|
| Name |
U.S. Bank, N.A.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
RONALD R. WOLFE, Timothy S. Kingcade, DEAN A. MORANDE
|
|
| Name |
DEAN A. MORANDE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. VICTORIA PLATZER
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Harvey Ruvin
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2012-12-04
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ to respond to motion for sanctions
|
|
| Docket Date |
2013-08-20
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ 2 VOLUMES.
|
|
| Docket Date |
2013-07-12
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2013-07-12
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2013-07-12
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2013-07-12
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Stipulation of Dismissal (DA11J) ~ ORDERED that the stipulation of dismissal is recognized by the Court, and this appeal from the Circuit Court for Miami-Dade County, Florida is hereby dismissed.
|
|
| Docket Date |
2013-07-10
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ of stipulation of dismissal
|
| On Behalf Of |
BARNSDALE HOLDINGS, LLC
|
|
| Docket Date |
2013-06-03
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Ext for relinquishment period granted (OG49C) ~ Appellant¿s motion to extend the period of relinquishment of jurisdiction is granted, and jurisdiction of this cause is temporarily relinquished to the trial court for an additional period of time to and including thirty (30) days from the date of this order.
|
|
| Docket Date |
2013-05-29
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ and notice of diligent AA Thomas Erskine Ice 521655
|
|
| Docket Date |
2013-05-29
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ of the relinquishment
|
| On Behalf Of |
BARNSDALE HOLDINGS, LLC
|
|
| Docket Date |
2013-05-16
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
AA to file intitial brief w/in 10 days (OR21A) ~ Pursuant to the time schedule provided in the Florida Rules of Appellate Procedure, the time for filing the initial brief has expired. This cause will be subject to dismissal unless the document referred to is filed within ten (10) days from the date of this order, or within said time the court is otherwise notified that this matter is being diligently prosecuted.
|
|
| Docket Date |
2013-01-04
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal ~ 2 volumes.
|
|
| Docket Date |
2013-01-04
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ to withdrawal of motion for attorney's fees
|
|
| Docket Date |
2012-12-28
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ to withdraw of motion for attorney's fees
|
|
| Docket Date |
2012-12-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to aa motion for attorney's fees
|
| On Behalf Of |
DEAN A. MORANDE
|
|
| Docket Date |
2012-12-17
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Denied (OD999) ~ Upon consideration, appellant's motion for referral to mediation is hereby denied. CORTIÑAS, FERNANDEZ and LOGUE, JJ., concur.
|
|
| Docket Date |
2012-12-17
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Relinquishment Granted (OG49) ~ CORRECTED ORDER The motion to relinquish jurisdiction is granted and jurisdiction of this cause is temporarily relinquished to the trial court until February 5, 2013 for the purpose(s) stated in the motion. CORTIÑAS, FERNANDEZ and LOGUE, JJ., concur.
|
|
| Docket Date |
2012-12-13
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
|
| Docket Date |
2012-12-10
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ for sanctions
|
|
| Docket Date |
2012-12-07
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Relinquishment Granted (OG49) ~ Upon consideration, appellee's motion to relinquish jurisdiction is granted and jurisdiction of this cause is temporarily relinquished to the trial court for a period of sixty (60) days from the date of this order for the purpose(s) stated in the motion. CORTIÑAS, FERNANDEZ and LOGUE, JJ., concur.
|
|
| Docket Date |
2012-12-04
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
Opposition ~ to motion for referral to mediation
|
|
| Docket Date |
2012-11-30
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
|
|
| Docket Date |
2012-11-13
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ motion for referral to mediation
|
|
| Docket Date |
2012-11-01
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ and designation of email addresses
|
| On Behalf Of |
DEAN A. MORANDE
|
|
| Docket Date |
2012-10-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2012-10-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
BARNSDALE HOLDINGS, LLC
|
|
|
|
BARNSDALE HOLDINGS, LLC, VS BANKUNITED,
|
3D2011-2186
|
2011-08-18
|
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
09-62006
|
Parties
| Name |
BARNSDALE HOLDINGS LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Enrique Nieves, III
|
|
| Name |
BANKUNITED, FSB
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
SERENA KAY TIBBITT
|
|
| Name |
Hon. Jose M. Rodriguez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Harvey Ruvin
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2011-12-21
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ 2 VOLUMES.
|
|
| Docket Date |
2011-11-04
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal ~ 2 vols.
|
|
| Docket Date |
2011-11-03
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2011-11-03
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2011-11-03
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2011-11-03
|
| Type |
Notice
|
| Subtype |
Voluntary Dismissal
|
| Description |
Voluntary Dismissal Recognized (OG33)
|
|
| Docket Date |
2011-10-18
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Motion For Voluntary Dismissal
|
| On Behalf Of |
BARNSDALE HOLDINGS, LLC
|
|
| Docket Date |
2011-10-11
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
BANKUNITED, FSB
|
|
| Docket Date |
2011-08-18
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
BARNSDALE HOLDINGS, LLC
|
|
| Docket Date |
2011-08-18
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
