|
EDELWEISS FINANCIAL, LLC VS ALTAMEASE BOLTON, RANDY BOLTON, ET AL.
|
5D2023-0310
|
2022-10-19
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fourth Judicial Circuit, Duval County
2012-CA-13026
|
Parties
| Name |
EDELWEISS FINANCIAL, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Richard Slaughter McIver
|
|
| Name |
Randy Bolton Sr.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Altamease Bolton
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Randy Lee Bolton
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Altamease Bolton
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
HARBOR WINDS HOMEOWNERS ASSOCIATION, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Bryan B. Levine
|
|
| Name |
Hon. Aaron K. Bowden
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Circuit Court Duval
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
TODD JENKINS, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Felecia Leann Walker, Neil Bryan Tygar
|
|
Docket Entries
| Docket Date |
2023-05-12
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Dismissing Original Petition ~ PET WRIT OF CERTIORARI DISMISSED; PET WRIT OF MANDAMUS DENIED
|
|
| Docket Date |
2023-03-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Order Grant EOT to file Response to Ct. Order ~ MOT GRANTED; RESPONSE ACCEPTED
|
|
| Docket Date |
2022-12-22
|
| Type |
Disposition by Order
|
| Subtype |
Transferred
|
| Description |
Transfer 4th Circuit Case to 5th DCA ~ Beginning January 1, 2023, the Fifth District Court of Appeal will have jurisdiction over matters originating in the Fourth Judicial Circuit. Ch. 22-163, Laws of Fla. By order of the Florida Supreme Court, effective January 1, 2023, the First District shall transfer to the Fifth District Court of Appeal any pending cases originating from the Fourth Judicial Circuit. In re: Implementation of a Sixth District Court of Appeal and Realignment of the Jurisdictional Boundaries of Other Appellate Districts, Fla. Admin. Order No. AOSC22-81 (November 1, 2022).Because the time for briefing this appeal will not conclude before January 1, 2023, the Court notifies all parties and any attorneys of record that this case will transfer to the Fifth District Court of Appeal, on January 1, 2023. No further order will issue to effectuate the transfer. This Court will accept filings in this case until 11:59:59 p.m. on December 31, 2022. After that date, all filings must be submitted to the Fifth District Court of Appeal via the Florida Courts E-Filing Portal or, if permitted to be filed in paper, to the Clerk’s Office, Fifth District Court of Appeal, 300 South Beach Street, Daytona Beach, Florida 32114.
|
|
| Docket Date |
2023-06-05
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp. w/o Mandate
|
|
| Docket Date |
2023-06-05
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD E-FILED
|
|
| Docket Date |
2023-05-12
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ LACK OF JURISDICTION W/OUT PREJUDICE
|
|
| Docket Date |
2023-03-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PER 2/2 ORDER; FOR RS, TODD JENKINS
|
| On Behalf Of |
Todd Jenkins
|
|
| Docket Date |
2023-03-03
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ AMENDED
|
| On Behalf Of |
Todd Jenkins
|
|
| Docket Date |
2023-03-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Denied for Non-Service on Client ~ COUNSEL FOR T. JENKINS, W/IN 5 DYS FILE AMENDED MOT EOT
|
|
| Docket Date |
2023-02-28
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Todd Jenkins
|
|
| Docket Date |
2023-02-28
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
Todd Jenkins
|
|
| Docket Date |
2023-02-02
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Respondent to Respond ~ RESPONSE W/IN 20 DYS; REPLY W/IN 10 DYS
|
|
| Docket Date |
2023-02-01
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
Edelweiss Financial, LLC
|
|
| Docket Date |
2023-02-01
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
Edelweiss Financial, LLC
|
|
| Docket Date |
2023-01-17
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
ORD-NOA Treated as Writ ~ AMENDED PETITION FOR WRIT OF CERT & APPX BY 2/1
|
|
| Docket Date |
2023-01-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2022-11-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE
|
| On Behalf Of |
Edelweiss Financial, LLC
|
|
| Docket Date |
2022-11-01
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Order ~ Within ten days, Appellant shall show cause why this case should not be dismissed and Appellant permitted to file a motion for review of order granting motion to stay in case 1D22-2992, Jenkins v. Edelweiss, et al., pursuant to Florida Rule of Appellate Procedure 9.310(f).
|
|
| Docket Date |
2022-10-28
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB/7 days
|
|
| Docket Date |
2022-10-27
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
CASE FILING FEE PAID THROUGH PORTAL
|
|
| Docket Date |
2022-10-27
|
| Type |
Order
|
| Subtype |
Filing Fee Due
|
| Description |
20-Day Pay Fee ($300) ~ The appellant/petitioner has failed to tender the required $300.00 filing fee per Section 35.22(2)(a), Florida Statutes (2018), and Florida Rule of Appellate Procedure 9.110(b). The appellant/petitioner is hereby directed to pay the $300 filing fee within 20 days of this order. Failure to comply with this order will result in the dismissal of this cause without further opportunity to be heard. Florida Rule of Appellate Procedure 9.410.
|
|
| Docket Date |
2022-10-27
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time ~ IB 7 days
|
| On Behalf Of |
Edelweiss Financial, LLC
|
|
| Docket Date |
2022-10-20
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement
|
| On Behalf Of |
Edelweiss Financial, LLC
|
|
| Docket Date |
2022-10-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Notice of Appeal / Acknowledgement letter ~ Notice of Appeal from the lower tribunal reflecting a filing date of October 14, 2022.
|
|
| Docket Date |
2022-10-19
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-10-19
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Appeal Transmittal Form
|
| On Behalf Of |
Edelweiss Financial, LLC
|
|
| Docket Date |
2023-03-13
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY
|
| On Behalf Of |
Edelweiss Financial, LLC
|
|
|
|
STANLEY J. HOWE VS EDELWEISS FINANCIAL, LLC
|
2D2022-3168
|
2022-09-30
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Manatee County
2017-CA-2750
|
Parties
| Name |
STANLEY J. HOWE
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
EDELWEISS FINANCIAL, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
CHARLINE CALHOUN, ESQ., COLLEEN MURPHY DAVIS, ESQ., EDWARD J. WILLNER, ESQ., MICHELE A. CAVALLARO, ESQ., MICHELLE A. ROWE, ESQ.
|
|
| Name |
HON. CHARLES SNIFFEN
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
MANATEE CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-11-27
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-11-22
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-11-03
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2023-09-06
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-SUA SPONTE ~ The court, on its own motion pursuant to Florida Rule of Appellate Procedure 9.320, hereby cancels the October 24, 2023, oral argument in this case. The case will be decided on the briefs without oral argument.
|
|
| Docket Date |
2023-07-24
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
STANLEY J. HOWE
|
|
| Docket Date |
2023-06-22
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
EDELWEISS FINANCIAL, LLC
|
|
| Docket Date |
2023-06-22
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
EDELWEISS FINANCIAL, LLC
|
|
| Docket Date |
2023-06-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shall beserved by June 26, 2023.
|
|
| Docket Date |
2023-06-12
|
| 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 |
EDELWEISS FINANCIAL, LLC
|
|
| Docket Date |
2023-05-12
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
STANLEY J. HOWE
|
| View |
View File
|
|
| Docket Date |
2023-04-12
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ Appellant's motion for an extension of time is granted to the extent that the initialbrief shall be served within thirty days of the date of this order. However, no furthermotions for an extension of time to serve the initial brief shall be entertained. Failure totimely serve the initial brief will subject this appeal to dismissal without further notice.
|
|
| Docket Date |
2023-04-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S RESPONSE IN OPPOSITION TO APPELLANT'S THIRD MOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF
|
| On Behalf Of |
EDELWEISS FINANCIAL, LLC
|
|
| Docket Date |
2023-04-10
|
| 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 |
STANLEY J. HOWE
|
|
| Docket Date |
2023-02-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
grant eot for IB - unlikely ~ Appellant's motion for extension of time is granted, and the initial brief shall be served by April 10, 2023. However, further motions for extension of time are unlikely to receive favorable consideration.
|
|
| Docket Date |
2023-02-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S RESPONSE TO MOTION FOR EXTENSION OF TIME
|
| On Behalf Of |
EDELWEISS FINANCIAL, LLC
|
|
| Docket Date |
2023-02-09
|
| 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 |
STANLEY J. HOWE
|
|
| Docket Date |
2022-12-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shallbe served by February 10, 2023.
|
|
| Docket Date |
2022-12-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S RESPONSE TO MOTION FOR EXTENSION OF TIME
|
| On Behalf Of |
EDELWEISS FINANCIAL, LLC
|
|
| Docket Date |
2022-12-05
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
EDELWEISS FINANCIAL, LLC
|
|
| Docket Date |
2022-11-30
|
| 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 |
STANLEY J. HOWE
|
|
| Docket Date |
2022-11-17
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ SNIFFEN - 1046 PAGES REDACTED
|
|
| Docket Date |
2022-11-07
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
STANLEY J. HOWE
|
|
| Docket Date |
2022-09-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-09-30
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-09-30
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER
|
| On Behalf Of |
STANLEY J. HOWE
|
|
| Docket Date |
2022-09-30
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; pro se ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes.Appellant shall forward the required $300.00 filing fee or, if applicable, a certificate or order from the lower tribunal finding appellant insolvent pursuant to section 57.081 or 57.085, Florida Statutes, as applicable, within forty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
|
| Docket Date |
2023-08-15
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on TUESDAY, OCTOBER 24, 2023, at 11:00 A.M., before: Judge Robert J. Morris, Jr., Judge Matthew C. Lucas, Judge Andrea T. Smith. Oral argument will occur at the Second District Court of Appeal, in the courtroom of the Stetson University College Of Law, Tampa Law Center, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the receptionist by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument in this proceeding, the attorneys or parties will be notified by order no less than two weeks before the scheduled date. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.
|
|
|
|
TODD JENKINS VS EDELWEISS FINANCIAL, LLC, RANDY BOLTON, SR., A/K/A RANDY LEE BOLTON AND ALTAMEASE BOLTON, ET AL.
|
5D2023-0269
|
2022-09-21
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fourth Judicial Circuit, Duval County
2012-CA-13026
|
Parties
| Name |
TODD JENKINS, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Neil Bryan Tygar, Felecia Leann Walker
|
|
| Name |
Altamease Bolton
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HARBOR WINDS HOMEOWNERS ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Bryan B. Levine
|
|
| Name |
Randy Lee Bolton
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Randy Bolton Sr.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. A.C. Soud, Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Circuit Court Duval
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
EDELWEISS FINANCIAL, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Richard S. McIver - DNU, Laura Noyes, Donna S. Glick, Richard Slaughter McIver
|
|
Docket Entries
| Docket Date |
2023-06-26
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD EFILED
|
|
| Docket Date |
2023-06-26
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-06-06
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed ~ PCA
|
|
| Docket Date |
2023-05-10
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF PANEL ASSIGNMENT
|
|
| Docket Date |
2023-03-15
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Edelweiss Financial, LLC
|
|
| Docket Date |
2023-02-13
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Todd Jenkins
|
|
| Docket Date |
2023-01-13
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 1193 PAGES
|
|
| Docket Date |
2023-01-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2022-12-22
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Grant Suppl Rcd-Transmit/brf EOT ~ The Court grants Appellant’s motion filed December 20, 2022, seeking to supplement the record on appeal with all court documents filed before October 4, 2016, and the transcript of hearing on July 29, 2022, filed on December 16, 2022. Counsel for movant shall ensure preparation and transmittal of the supplemental record by the clerk of the lower tribunal on or before January 23, 2023. The Court extends time for service of the initial brief to thirty days following transmittal of the supplemental record.
|
|
| Docket Date |
2022-12-21
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB/ 30 days
|
|
| Docket Date |
2022-12-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time ~ 90 days- IB
|
| On Behalf Of |
Todd Jenkins
|
|
| Docket Date |
2022-12-20
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Todd Jenkins
|
|
| Docket Date |
2022-11-29
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB/30 days
|
|
| Docket Date |
2022-11-29
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time ~ IB 30 days
|
| On Behalf Of |
Todd Jenkins
|
|
| Docket Date |
2022-11-08
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 1169 pages
|
|
| Docket Date |
2022-11-04
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB 30 days
|
|
| Docket Date |
2022-11-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time ~ 30 days- IB
|
| On Behalf Of |
Todd Jenkins
|
|
| Docket Date |
2022-10-31
|
| Type |
Notice
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| Subtype |
Amended Notice of Appeal
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| Description |
Amended Notice of Appeal ~ cert. serv.
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| On Behalf Of |
Todd Jenkins
|
|
| Docket Date |
2022-10-26
|
| Type |
Notice
|
| Subtype |
Notice of Inability
|
| Description |
Notice of Inability
|
|
| Docket Date |
2022-10-21
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
SC-Failure to Comply w/Order-Appeals ~ Within 10 days of the date of this order, the appellant shall comply with this Court's order dated September 22, 2022, requiring appellant to an amended notice of appeal which contains a certificate of service reflecting the names and physical mailing addresses of all parties and attorneys served. Alternatively, the appellant may file a response showing cause why this appeal should not be dismissed for failure to comply with the order dated September 22, 2022. Failure to timely comply with this order will result in dismissal of this case without further opportunity to be heard. Fla. R. App. P. 9.410.
|
|
| Docket Date |
2022-10-11
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
CASE FILING FEE PAID THROUGH PORTAL ~ AA Neil Bryan Tygar 0911100
|
| On Behalf Of |
Todd Jenkins
|
|
| Docket Date |
2022-09-23
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Acknowledgment of Service List ~ The notice filed by counsel for the Appellee on September 22, 2022, providing e-mail addresses, is acknowledged. However, in addition to filing such notice, counsel of record are responsible for ensuring their primary and/or secondary e-mail addresses under their profile in the Florida Courts E-Filing Portal and eDCA are consistent with the filed notice in order to receive e-mailed notification (Casemail) from the court. Profiles for eDCA users may be updated by clicking on the “My Profile” link and clicking the “Submit” button after making the desired changes.
|
|
| Docket Date |
2022-09-22
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Attorney Addresses in Cert of Serv (Appeal) ~ Upon the Court's own motion, appellant is ordered to file with this court, within 10 days from the date of this order, an amended notice of appeal which contains a certificate of service reflecting the names and physical mailing addresses of all parties and attorneys served. See Florida Rule of Appellate Procedure 9.420(c) and Florida Rules of General Practice and Judicial Administration 2.516(f). Failure of appellant to timely comply with this order could result in the imposition of sanctions, including dismissal of the appeal without further opportunity to be heard. Florida Rule of Appellate Procedure 9.410.
|
|
| Docket Date |
2022-09-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Notice of Appeal / Acknowledgement letter ~ Notice of Appeal from the lower tribunal reflecting a filing date of August 29, 2022.
|
|
| Docket Date |
2022-09-22
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ AND EMAIL DESIGNATION FOR SERVICE
|
| On Behalf Of |
Edelweiss Financial, LLC
|
|
| Docket Date |
2022-09-21
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Appeal Transmittal Form
|
| On Behalf Of |
Todd Jenkins
|
|
| Docket Date |
2022-09-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-12-27
|
| Type |
Disposition by Order
|
| Subtype |
Transferred
|
| Description |
Transfer 4th Circuit Case to 5th DCA ~ Beginning January 1, 2023, the Fifth District Court of Appeal will have jurisdiction over matters originating in the Fourth Judicial Circuit. Ch. 22-163, Laws of Fla. By order of the Florida Supreme Court, effective January 1, 2023, the First District shall transfer to the Fifth District Court of Appeal any pending cases originating from the Fourth Judicial Circuit. In re: Implementation of a Sixth District Court of Appeal and Realignment of the Jurisdictional Boundaries of Other Appellate Districts, Fla. Admin. Order No. AOSC22-81 (November 1, 2022).Because the time for briefing this appeal will not conclude before January 1, 2023, the Court notifies all parties and any attorneys of record that this case will transfer to the Fifth District Court of Appeal, on January 1, 2023. No further order will issue to effectuate the transfer. This Court will accept filings in this case until 11:59:59 p.m. on December 31, 2022. After that date, all filings must be submitted to the Fifth District Court of Appeal via the Florida Courts E-Filing Portal or, if permitted to be filed in paper, to the Clerk’s Office, Fifth District Court of Appeal, 300 South Beach Street, Daytona Beach, Florida 32114.
|
|
| Docket Date |
2022-09-27
|
| Type |
Order
|
| Subtype |
Filing Fee Due
|
| Description |
Appeal-Pay Fee/Submit LT Ord of Insolv ($300) ~ Appellant has filed a notice of appeal in the lower tribunal without the entry of an order of insolvency or deposit of the statutory filing fee. Accordingly, Appellant shall, within 30 days from the date of this order, either file a certified copy of the lower tribunal's order of insolvency for appellate purposes as required by Florida Rule of Appellate Procedure 9.430 or pay to the clerk of this Court the sum of $300.00 as the appellate filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2018). If Appellant seeks a waiver of the filing fee on the grounds of indigency, Appellant shall file a motion and affidavit of indigency with the clerk of the lower tribunal (the court, agency, officer, board, commission, or body whose order is to be reviewed) for a determination by the lower tribunal of whether an order of insolvency should be issued pursuant to Rule 9.430 and Section 57.081(1) or 57.085(2), Florida Statutes (2018), as applicable.This appeal shall not proceed until the order of insolvency is filed or the fee is paid. Failure to comply with this order will result in the dismissal of this case without further opportunity to be heard. Florida Rule of Appellate Procedure 9.410.
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