| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2019CA009051XXXMB
|
Parties
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Edward Rhodes
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
BANK OF NEW YORK MELLON
|
| Role |
Appellee
|
| Status |
Dismissed
|
| Representations |
Michael J. Krzywicki, Christian James Bromley, Kenneth R. Drake, Zina Gabsi, W. Bard Brockman, Jarrett Evan Cooper, Steven J. Clarfield, David Yehuda Rosenberg
|
|
| Name |
EXIT 22, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PHH MORTGAGE CORP.
|
| Role |
Appellee
|
| Status |
Dismissed
|
|
| Name |
Bryan Cave Leighton Paisner, LLP
|
| Role |
Appellee
|
| Status |
Dismissed
|
|
| Name |
Morris Laing Evans Brock & Kennedy, Chtd
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Robertson, Anschutz & Schneid
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
OCWEN FINANCIAL CORPORATION
|
| Role |
Appellee
|
| Status |
Dismissed
|
|
| Name |
Clarfield Okon Salomone & Pincus PL
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Glenn Kelley
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-04-06
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2020-03-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ (Clarfield, Okon, Salomone & Pincus, PLLC, n/k/a Exit 22,LLC )
|
| On Behalf Of |
BANK OF NEW YORK MELLON
|
|
| Docket Date |
2020-03-11
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response ~ (Clarfield, Okon, Salomone & Pincus, PLLC, n/k/a Exit 22,LLC ) AMENDED
|
| On Behalf Of |
BANK OF NEW YORK MELLON
|
|
| Docket Date |
2020-03-09
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response ~ (Clarfield, Okon, Salomone & Pincus, PLLC, n/k/a Exit 22,LLC )
|
| On Behalf Of |
BANK OF NEW YORK MELLON
|
|
| Docket Date |
2020-03-06
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response ~ (Morris Laing Evans Brock & Kennedy Chartered)
|
| On Behalf Of |
BANK OF NEW YORK MELLON
|
|
| Docket Date |
2020-02-27
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response ~ **STRICKEN** (PROPOSED) TO THE COURT'S FEBRUARY 17, 2020 ORDER
|
| On Behalf Of |
BANK OF NEW YORK MELLON
|
|
| Docket Date |
2020-02-27
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ NON-PARTIES' MOTION FOR LEAVE TO FILE REPLY TO APPELLANT'S RESPONSE TO FEBRUARY 17, 2020 ORDER
|
| On Behalf Of |
BANK OF NEW YORK MELLON
|
|
| Docket Date |
2020-02-25
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellees, Clarfield Okon Salomone & Pincus, PL, Exit 22 LLC and Morris Laing Evans Brock & Kennedy are directed to reply, within ten (10) days from the date of this order, to appellant’s February 24, 2020 response.
|
|
| Docket Date |
2020-02-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO THE 02/17/2020 ORDER
|
| On Behalf Of |
Edward Rhodes
|
|
| Docket Date |
2020-02-19
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief
|
| On Behalf Of |
Edward Rhodes
|
|
| Docket Date |
2020-02-14
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that the February 12, 2020 “partial voluntary dismissal with prejudice” is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of Judicial Administration 2.516(f).
|
|
| Docket Date |
2020-02-14
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ PARTIAL
|
| On Behalf Of |
BANK OF NEW YORK MELLON
|
|
| Docket Date |
2020-02-12
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
BANK OF NEW YORK MELLON
|
|
| Docket Date |
2020-02-12
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ **STRICKEN** PARTIAL
|
| On Behalf Of |
BANK OF NEW YORK MELLON
|
|
| Docket Date |
2020-01-13
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 380 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2019-12-23
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ FINAL ORDER OF DISMISSAL
|
| On Behalf Of |
Edward Rhodes
|
|
| Docket Date |
2019-12-20
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
BANK OF NEW YORK MELLON
|
|
| Docket Date |
2019-12-19
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Edward Rhodes
|
|
| Docket Date |
2019-12-16
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Order Denying Emergency Motion to Stay ~ ORDERED that appellant's December 13, 2019 request for emergency treatment is denied. Further, ORDERED that appellant's December 13, 2019 "emergency motion to stay the foreclosure sale of plaintiff's property" is denied.
|
|
| Docket Date |
2019-12-13
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Emergency Motion To Stay
|
| On Behalf Of |
Edward Rhodes
|
|
| Docket Date |
2019-12-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-12-05
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2019-12-05
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Edward Rhodes
|
|
| Docket Date |
2020-02-07
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ **STRICKEN**
|
| On Behalf Of |
Edward Rhodes
|
|
| Docket Date |
2020-04-06
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissal ~ Upon consideration of appellant’s February 24, 2020 response; appellee Morris Laing Evans Brock & Kennedy Chartered’s March 6, 2020 reply to appellant’s response; and appellee Clarfield, Okon, Salomone & Pincus, PLLC, n/k/a Exit 22, LLC’s March 11, 2020 amended reply to appellant’s response, it is ORDERED sua sponte that this appeal is dismissed, as a notice of appeal regarding a trial court order entered as to either appellee was filed below or with this Court.Further, ORDERED that the motion by Bank of NY Mellon, Owen Financial Corporation, PHH Mortgage Corporation, Bryan Cave Leighton Paisner LLP, and Robertson, Anschutz & Schneid, P.L., (collectively the non-parties) for leave to file reply to appellant's response to this court's order is denied as moot, as these parties are no longer parties to this appeal.Further, ORDERED that non-parties’ proposed reply shall be stricken.LEVINE, C.J., CIKLIN and CONNER, JJ., concur.
|
|
| Docket Date |
2020-02-17
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the February 14, 2020 partial notice of voluntary dismissal, this case is dismissed as to Bank of New York Mellon, Ocwen Financial Corporation, PHH Mortgage Corporation, Bryan Cave Leighton Paisner LLP, and Robertson, Anschutz & Schneid, P.L. It is further ORDERED that within five (5) days from the date of this order, appellant shall file a response with this court which identifies the remaining appellees in this case.
|
|
| Docket Date |
2020-02-10
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant's February 7, 2020 initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service is insufficient. 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.
|
|
| Docket Date |
2019-12-06
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Order for Amendment to Notice of Appeal ~ ORDERED that the appellant is directed to file, within ten (10) days from the date of this order, an amended Notice of Appeal with a certificate of service that states the name of the attorney of record for the appellee and his/her physical address.
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