|
ANDREW VENEZIA, et al. VS LAKE SUCCESS HOA MANAGEMENT, INC.
|
4D2019-3824
|
2019-12-16
|
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
CACE15001168
|
Parties
| Name |
JOSEPH SIMMS
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Andrew Venezia
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Lorne E. Berkeley, Niti S. Sharan, Ari A. Sweetbaum
|
|
| Name |
SECURITIZED ASSET GROUP HOLDING
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
LAKE SUCCESS HOA MANAGEMENT LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jonathan E. Minsker, Maria H. Ruiz, Giselle G. Manseur
|
|
| Name |
Hon. Jeffrey R. Levenson
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-01-03
|
| 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 non-payment of the $300.00 filing fee.
|
|
| Docket Date |
2020-01-03
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2019-12-19
|
| 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 "order on plaintiff Lake Success HOA Management LLC's renewed motion for partial summary judgment" is an appealable order pursuant to Florida Rule of Appellate Procedure 9.110 or 9.130. See Taddie Underground Utility Co., Inc. v. Sloan Pump Co., Inc., 497 So. 2d 701 (Fla. 2d DCA 1986) (as the disposed of actions in the partial summary judgment and the remaining causes of action are interrelated, the court held that there was no appealable final judgment); see also Menke v. Southland Specialties Corp., 637 So. 2d 285 (Fla. 2d DCA 1994) (reviewing a final order striking as a sham answer and affirmative defenses to a cross-complaint; Parrish & Yarnell, P.A. v. Spruce River Ventures, LLC, 180 So. 3d 1198 (Fla. 2d DCA 2015) (reviewing an order granting a motion to strike); furtherAppellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2019-12-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-12-17
|
| 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. 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 circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2019-12-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Andrew Venezia
|
|
| Docket Date |
2019-12-16
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
CA:Sent to Collections
|
|
|
|
ANDREW VENEZIA, et al. VS LAKE SUCCESS HOA MANAGEMENT, et al.
|
4D2018-3801
|
2018-12-31
|
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
CACE15001168
|
Parties
| Name |
SECURITIZED ASSET GROUP HOLDING
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ANDREW VENEZIA
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Niti S. Sharan
|
|
| Name |
JOSEPH SIMMS
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
LAKE SUCCESS HOA MANAGEMENT LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Ari A. Sweetbaum, Lorne E. Berkeley, Maria H. Ruiz, Giselle G. Manseur, Jonathan E. Minsker
|
|
| Name |
Hon. Jeffrey R. Levenson
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-08-09
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2019-08-09
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2019-07-18
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2019-07-08
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief
|
| On Behalf Of |
ANDREW VENEZIA
|
|
| Docket Date |
2019-07-02
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction ~ AND STAY APPEAL
|
| On Behalf Of |
LAKE SUCCESS HOA MANAGEMENT
|
|
| Docket Date |
2019-06-27
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that the Initial Brief filed by Appellant on February 8, 2019 fails to contain appropriate citations to the amended appendix filed on February 14, 2019. Within ten (10) days of this order, Appellant shall file an amended initial brief with proper citations to the amended appendix. Failure to timely comply with this order will result in dismissal of this proceeding.
|
|
| Docket Date |
2019-06-17
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
ANDREW VENEZIA
|
|
| Docket Date |
2019-05-23
|
| 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 appellants’ May 22, 2019 motion for extension of time is granted in part, and appellants shall serve the reply brief within fifteen (15) days from the current due date. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2019-05-22
|
| 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 |
ANDREW VENEZIA
|
|
| Docket Date |
2019-05-03
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
LAKE SUCCESS HOA MANAGEMENT
|
|
| Docket Date |
2019-05-03
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
LAKE SUCCESS HOA MANAGEMENT
|
|
| Docket Date |
2019-04-24
|
| 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 April 24, 2019 motion for extension of time is granted, and appellee shall serve the answer brief on or before May 3, 2019. 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 |
2019-04-24
|
| 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 |
LAKE SUCCESS HOA MANAGEMENT
|
|
| Docket Date |
2019-03-11
|
| 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 March 8, 2019 motion for extension of time is granted, and appellee shall serve the answer brief on or before April 26, 2019. 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 |
2019-03-08
|
| 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 |
LAKE SUCCESS HOA MANAGEMENT
|
|
| Docket Date |
2019-02-14
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ (AMENDED)
|
| On Behalf Of |
ANDREW VENEZIA
|
|
| Docket Date |
2019-02-13
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **STRICKEN** (AMENDED)
|
| On Behalf Of |
ANDREW VENEZIA
|
|
| Docket Date |
2019-02-11
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the volumes 1, 2 and 3 of appellants' appendices to the initial brief are stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that they were not filed as one document, were not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, were not entirely text searchable, were not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and were not bookmarked in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2019-02-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ February 7, 2019 motion for extension of time is granted, and appellants shall serve the initial brief and appendix within one (1) day from the date of this order. In addition, if the initial brief and appendix are 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 |
2019-02-08
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
ANDREW VENEZIA
|
|
| Docket Date |
2019-02-08
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **STRICKEN** (VOLUME 3)
|
| On Behalf Of |
ANDREW VENEZIA
|
|
| Docket Date |
2019-02-07
|
| 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 |
ANDREW VENEZIA
|
|
| Docket Date |
2019-01-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ January 8, 2019 motion for extension of time is granted, and appellants shall serve the initial brief and appendix within thirty (30) days from the current due date. In addition, if the initial brief and appendix are 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 |
2019-01-08
|
| 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 |
ANDREW VENEZIA
|
|
| Docket Date |
2019-01-02
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2018-12-31
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-12-31
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
ANDREW VENEZIA
|
|
| Docket Date |
2019-07-03
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
ORD-Deny Relinquishment of Jurisdiction ~ ORDERED that Appellee's July 2, 2019 Motion to Relinquish Jurisdiction is denied as moot. The trial court has jurisdiction to hear appellee's motion for summary judgment. Fla. R. App. P. 9.130(f). The trial court may enter a partial judgment regarding Appellants' allegedly fraudulent conveyances. Appellee's motion to stay this appeal is denied without prejudice to file a suggestion of mootness.
|
|
| Docket Date |
2019-02-14
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the appellants' amended appendix to the initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that not all of the bookmarks are in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2019-01-02
|
| 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.
|
|
|
|
ANDREW VENEZIA VS LAKE SUCCESS HOA MANAGEMENT
|
4D2018-3806
|
2018-12-31
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE16-011748 (09)
|
Parties
| Name |
ANDREW VENEZIA
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Maria H. Ruiz
|
|
| Name |
LAKE SUCCESS HOA MANAGEMENT LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Lorne E. Berkeley
|
|
| Name |
Hon. Jeffrey R. Levenson
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-01-14
|
| 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. 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 circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2019-01-11
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
LAKE SUCCESS HOA MANAGEMENT
|
|
| Docket Date |
2019-01-11
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the January 11, 2019 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2019-01-11
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2019-01-02
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-01-02
|
| 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.
|
|
| Docket Date |
2018-12-31
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-12-31
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
LAKE SUCCESS HOA MANAGEMENT
|
|
|
|
LAKE SUCCESS HOA MANAGEMENT, LLC VS JP MORGAN CHASE, NATIONAL ASSOCIATION
|
4D2015-3012
|
2015-08-07
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE09-007005 (11)
|
Parties
| Name |
LAKE SUCCESS HOA MANAGEMENT LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
ROBERT JOSEPH PUZIO
|
|
| Name |
JP MORGAN CHASE, NAT'L. ASSOC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Brandon Stuart Vesely, NATHAN P. GRYGLEWICZ, DAVID BRENNER OSBORNE
|
|
| Name |
HON. RICHARD D. EADE
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-03-31
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (438 PAGES)
|
|
| Docket Date |
2017-01-20
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2017-01-20
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2016-12-29
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2016-11-18
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
JP MORGAN CHASE, NAT'L. ASSOC.
|
|
| Docket Date |
2016-07-12
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
JP MORGAN CHASE, NAT'L. ASSOC.
|
|
| Docket Date |
2016-06-01
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ TO 07/12/16
|
| On Behalf Of |
JP MORGAN CHASE, NAT'L. ASSOC.
|
|
| Docket Date |
2016-05-23
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
LAKE SUCCESS HOA MANAGEMENT
|
|
| Docket Date |
2016-05-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ **NFE ABSENT DETAILED EXPLANATION** ORDERED that appellant's May 2, 2016 motion 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. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant.
|
|
| Docket Date |
2016-05-10
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
Received Exhibits
|
|
| Docket Date |
2016-05-02
|
| 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 |
LAKE SUCCESS HOA MANAGEMENT
|
|
| Docket Date |
2016-04-28
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
JP MORGAN CHASE, NAT'L. ASSOC.
|
|
| Docket Date |
2016-03-18
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
JP MORGAN CHASE, NAT'L. ASSOC.
|
|
| Docket Date |
2016-01-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Court Reporter
|
| Description |
Order Granting EOT for Court Reporter's Transcript ~ ORDERED that the court reporter's request for an extension of time to file the transcript with the circuit court is granted, and the time for preparation and service of the transcript is extended to and including February 22, 2016. Attorneys shall notify this court of non-compliance; further,ORDERED that all other time frames pertaining to the filing of the record and briefs are extended accordingly. See Fla. R. App. P. 9.300(b) (record on appeal is due twenty (20) days after receipt of the transcript, appellant's initial brief shall be filed within thirty (30) days from service of the index to the record.).
|
|
| Docket Date |
2015-12-22
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion for Extension of Time for Court Reporter
|
| Description |
Mot for EOT to File Court Reporter Note
|
|
| Docket Date |
2015-12-10
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ TO 01/15/16
|
| On Behalf Of |
LAKE SUCCESS HOA MANAGEMENT
|
|
| Docket Date |
2015-10-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 60 days to 12/10/15
|
| On Behalf Of |
LAKE SUCCESS HOA MANAGEMENT
|
|
| Docket Date |
2015-08-13
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
**DNU** order appealed ~ ("NOTICE OF FILING")
|
|
| Docket Date |
2015-08-11
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2015-08-11
|
| 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 |
2015-08-07
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2015-08-07
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
LAKE SUCCESS HOA MANAGEMENT
|
|
|
|
JOSEPH SIMMS as Trustee et al. VS LAKE SUCCESS HOA MANAGEMENT, LLC.
|
4D2015-2692
|
2015-07-15
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE1001168 (09)
|
Parties
| Name |
HON. JOHN THOMAS LUZZO
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
JOSEPH SIMMS
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Joseph W. Gibson Jr.
|
|
| Name |
LAKE SUCCESS HOA MANAGEMENT LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jonathan Bloom
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-08-14
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2015-08-14
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed as Non-Appealable Order ~ Upon consideration of the parties' responses to this court's July 16, 2015 order, the above-styled appeal is dismissed as being from a non-final, non-appealable order. Well v. Well, 909 So. 2d 951 (Fla. 3d DCA 2005).
|
|
| Docket Date |
2015-08-07
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response ~ TO JURISDICTIONAL QUESTION
|
| On Behalf Of |
LAKE SUCCESS HOA MANAGEMENT
|
|
| Docket Date |
2015-07-31
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO JURISDICTIONAL QUESTION
|
| On Behalf Of |
JOSEPH SIMMS
|
|
| Docket Date |
2015-08-05
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ ORDERED that appellants' July 31, 2015 motion to file response out of time is granted, and appellant's response is deemed filed on July 31, 2015.
|
|
| Docket Date |
2015-07-31
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO FILE RESPONSE OUT OF TIME
|
| On Behalf Of |
JOSEPH SIMMS
|
|
| Docket Date |
2015-07-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Order denying EOT w/out prejudice 9.300(a) ~ ORDERED that appellant's July 27, 2015 motion for extension of time to comply with court order is denied without prejudice for failure to comply with Florida Rule of Appellate Procedure 9.300(a). See also this court's Notice to Attorneys and to Parties Representing Themselves, Paragraphs 1 and 2.
|
|
| Docket Date |
2015-07-27
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
JOSEPH SIMMS
|
|
| Docket Date |
2015-07-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ AMENDED
|
|
| Docket Date |
2015-07-22
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ CERT. COPY FILED 7/16/15 **FINAL JUDGMENT ATTACHED**
|
|
| Docket Date |
2015-07-16
|
| 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 order denying a motion to dismiss is an appealable order; furtherAppellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2015-07-16
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2015-07-15
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2015-07-15
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
JOSEPH SIMMS
|
|
|
