|
19007 SW 24TH AVE., LLC VS CITIMORTGAGE, INC.,
|
4D2019-0672
|
2019-03-08
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Mandamus
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE12027762
|
Parties
| Name |
19007 SW 24TH AVE, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Rachel Mendes Coe, KRISTEN MOTYKA GOTTFRIED
|
|
| Name |
CITIMORTGAGE, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Bruce Botsford, William P. Heller, Daniel Wasserstein, Nancy M. Wallace, ANDREW INGALLS, Eric M. Levine, Marc J. Gottlieb
|
|
| Name |
JASON FLOWERS CORP
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
HARBOUR LAKES ESTATE COMMUNITY ASSN INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Barry Stone
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-03-19
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order-Original Proceeding Dismissed ~ ORDERED that the petition is dismissed. An order denying a motion to cancel a foreclosure sale is non-final and not appealable. Burgos-Vazquez v. JP Morgan Chase Bank, 193 So. 3d 23 (Fla. 4th DCA 2016). Petitioner fails to demonstrate irreparable harm for extraordinary writ jurisdiction.GERBER, C.J., DAMOORGIAN and KLINGENSMITH, JJ., concur.
|
|
| Docket Date |
2019-03-19
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2019-03-11
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CITIMORTGAGE, INC.,
|
|
| Docket Date |
2019-03-11
|
| Type |
Petition
|
| Subtype |
Petition Mandamus
|
| Description |
Petition Mandamus / Acknowledgment letter
|
|
| Docket Date |
2019-03-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-03-08
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ *FILING FEE PAID ELECTRONICALLY*
|
|
| Docket Date |
2019-03-08
|
| Type |
Petition
|
| Subtype |
Petition Mandamus
|
| Description |
Petition Mandamus ~ *FILING FEE PAID ELECTRONICALLY*
|
| On Behalf Of |
19007 SW 24TH AVE., LLC
|
|
|
|
19007 SW 24TH AVE., LLC VS CITIMORTGAGE, INC., et al.
|
4D2018-2098
|
2018-07-12
|
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
CACE12-27762
|
Parties
| Name |
19007 SW 24TH AVE, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Margery Ellen Golant
|
|
| Name |
JASON FLOWERS CORP
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
CITIMORTGAGE, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Mark L. Pomeranz, Eric M. Levine, Nancy M. Wallace, TAYLOR LOREN BROADHEAD, Daniel Wasserstein, William P. Heller, Bruce Botsford, Rachel Mendes Coe, ANDREW INGALLS, J. EDGAR AGUIRRE ELUM, Adam I. Skolnik
|
|
Docket Entries
| Docket Date |
2019-02-06
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Grant Clarification ~ ORDERED, upon consideration of appellee's February 5, 2019 motion for clarification of order lifting stay, this court's February 1, 2019 order is vacated and replaced with the following: ORDERED that appellee's January 11, 2019 motion to lift stay is granted. The stay is lifted and appellant may file any motion for rehearing of the dismissal of this case within fifteen (15) days from the date of this order.
|
|
| Docket Date |
2019-02-05
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ FOR CLARIFICATION OF ORDER LIFTING STAY
|
| On Behalf Of |
CITIMORTGAGE, INC.,
|
|
| Docket Date |
2019-02-01
|
| Type |
Order
|
| Subtype |
Order re Stay
|
| Description |
Stay is lifted, case to proceed ~ ORDERED that appellee's January 11, 2019 motion to lift stay is granted and the stay entered on August 14, 2018, is lifted and the above-styled appeal shall proceed; further,ORDERED that the 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 will be subject to dismissal, or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2019-01-11
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO LIFT STAY
|
| On Behalf Of |
CITIMORTGAGE, INC.,
|
|
| Docket Date |
2018-11-26
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
CITIMORTGAGE, INC.,
|
|
| Docket Date |
2018-11-20
|
| 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 bankruptcy proceedings.
|
|
| Docket Date |
2018-08-14
|
| Type |
Order
|
| Subtype |
Order Bankruptcy
|
| Description |
ORD-Case Stayed Pending Bankruptcy ~ A suggestion of bankruptcy having been filed, and it appearing that no cause exists as to why the entire above-styled appeal should not be stayed by virtue of 11 U.S.C. § 362, it is ORDERED that:This appeal is stayed. If the bankruptcy case becomes closed, dismissed, or modified to permit this appeal to proceed, then appellant shall promptly, and in no event later than twenty (20) days after the event has occurred, notify this court in writing that this appeal may proceed.Unless this appeal is voluntarily dismissed, appellant, within ninety (90) days from the date of this order, and then every ninety (90) days thereafter, shall notify this court as to the status of the bankruptcy case.
|
|
| Docket Date |
2018-08-13
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CITIMORTGAGE, INC.,
|
|
| Docket Date |
2018-08-13
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Granting Aplee's Motion to Dismiss ~ ORDERED that appellee’s July 31, 2018 motion to dismiss appeal is granted, and the above-styled appeal is dismissed for lack of jurisdiction. Pridgen v. First Union Bank, 879 So. 2d 21, 21 (Fla. 2d DCA 2004) (“An order that merely schedules a foreclosure sale is not a final appealable order.”); further,ORDERED that appellant’s August 10, 2018 “motion for extension of time to comply with court order of August 9, 2018” is denied; further,ORDERED that appellee’s August 8, 2018 “emergency motion to review order on motion to stay pending appeal” is determined to be moot, as the appeal has been dismissed.GERBER, C.J., WARNER and KUNTZ, JJ., concur.
|
|
| Docket Date |
2018-08-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ OPPOSITION TO MOTION FOR EXTENSION OF TIME
|
| On Behalf Of |
CITIMORTGAGE, INC.,
|
|
| Docket Date |
2018-08-13
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2018-08-10
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO COMPLY WITH COURT ORDER OF AUGUST 9, 2018
|
| On Behalf Of |
19007 SW 24TH AVE., LLC
|
|
| Docket Date |
2018-08-08
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Emergency Motion ~ "TO REVIEW ORDER ON MOTION TO STAY PENDING APPEAL"
|
| On Behalf Of |
CITIMORTGAGE, INC.,
|
|
| Docket Date |
2018-08-08
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ "MOTION TO REVIEW ORDER ON MOTION TO STAY PENDING APPEAL"
|
| On Behalf Of |
CITIMORTGAGE, INC.,
|
|
| Docket Date |
2018-07-31
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO DISMISS APPEAL
|
| On Behalf Of |
CITIMORTGAGE, INC.,
|
|
| Docket Date |
2018-07-31
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
CITIMORTGAGE, INC.,
|
|
| Docket Date |
2018-07-31
|
| Type |
Order
|
| Subtype |
Order Reclassifying Case
|
| Description |
ORD-Final Appeal Treated as Non-Final ~ ORDERED sua sponte that the court determines that this appeal seeks review of a non-final order, rather than a final order. Fla. R. App. P. 9.130(a)(5). Appellant shall serve an initial brief and an accompanying appendix within fifteen (15) days from the date of this order. See Florida Rule of Appellate Procedure 9.130(e), 9.220. The clerk of the lower tribunal shall not transmit a record on appeal unless ordered by this court.
|
|
| Docket Date |
2018-07-27
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed
|
| On Behalf Of |
19007 SW 24TH AVE., LLC
|
|
| Docket Date |
2018-07-23
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
19007 SW 24TH AVE., LLC
|
|
| Docket Date |
2018-07-17
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CITIMORTGAGE, INC.,
|
|
| Docket Date |
2018-07-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2018-07-12
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-07-12
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
19007 SW 24TH AVE., LLC
|
|
| Docket Date |
2018-08-09
|
| Type |
Order
|
| Subtype |
Order on Request for Emergency Treatment
|
| Description |
Denying Request for Emergency Treatment ~ ORDERED that appellee's August 8, 2018 request for emergency treatment is denied. This Court notes that an emergency is a matter of extreme urgency that requires immediate action by this Court in order to avoid imminent, irreparable, and material harm. See Administrative Order No. 2014-1. A motion to expedite can accompany a motion in order to obtain an expedited review process; further, ORDERED that appellant is directed to respond, on or before Friday, August 10, 2018, to appellee's August 8, 2018 "emergency motion to review order on motion to stay pending appeal."
|
|
| Docket Date |
2018-07-13
|
| 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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CITIMORTGAGE, INC., VS 19007 SW 24TH AVE., LLC, et al.
|
4D2018-0304
|
2018-01-23
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
2012CA027762
|
Parties
| Name |
CITIMORTGAGE, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Eric M. Levine, Nancy M. Wallace, William P. Heller
|
|
| Name |
JASON FLOWERS CORP
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
19007 SW 24TH AVE, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Rachel Mendes Coe, Bruce Botsford, S. TRACY LONG, Mark L. Pomeranz, Margery Ellen Golant, SHANTRELL L. LEWIS
|
|
| Name |
HARBOUR LAKE ESTATES COMMUNITY
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Barry Stone
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-03-27
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2018-03-27
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Certiorari ~ ORDERED that the January 23, 2018 petition for writ of certiorari is denied.GROSS, MAY and KLINGENSMITH, JJ., concur.
|
|
| Docket Date |
2018-02-26
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
CITIMORTGAGE, INC.,
|
|
| Docket Date |
2018-02-21
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Deny Motion to Strike ~ ORDERED that the petitioner's February 20, 2018 motion to strike is denied.
|
|
| Docket Date |
2018-02-20
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
19007 SW 24TH AVE., LLC
|
|
| Docket Date |
2018-02-20
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ APPENDIX AND REFERENCES IN RESPONSE TO ORDER TO SHOW CAUSE
|
| On Behalf Of |
CITIMORTGAGE, INC.,
|
|
| Docket Date |
2018-02-20
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the respondent's February 19, 2018 “supplemental appendix in response to petition for writ of certiorari” is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, and was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index. 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 |
2018-02-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
19007 SW 24TH AVE., LLC
|
|
| Docket Date |
2018-02-19
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response ~ ***STRICKEN, SEE 02/20/2018 ORDER***
|
| On Behalf Of |
19007 SW 24TH AVE., LLC
|
|
| Docket Date |
2018-01-30
|
| Type |
Order
|
| Subtype |
Show Cause re Petition
|
| Description |
ORD-Writs Show Cause with Reply ~ ORDERED that respondent shall file a response within twenty (20) days and show cause why the petition should not be granted. Petitioner may file a reply within ten (10) days of service of the response.
|
|
| Docket Date |
2018-01-24
|
| 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 sections 57.081 and 57.085, Florida Statutes, did not accompany the petition as required in Florida Rule 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 that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, 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 |
2018-01-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2018-01-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-01-23
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
CITIMORTGAGE, INC.,
|
|
| Docket Date |
2018-01-23
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
CITIMORTGAGE, INC.,
|
|
|
|
19007 SW 24TH AVE, LLC VS CITIMORTGAGE, INC., et. al.
|
4D2017-2962
|
2017-09-25
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
12 027762 CACE
|
Parties
| Name |
19007 SW 24TH AVE, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Margery Ellen Golant, STUART MARC GOLANT
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CITIMORTGAGE, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
William P. Heller, Nancy M. Wallace, Mark L. Pomeranz, Rachel Mendes Coe, Eric M. Levine, Marc J. Gottlieb, S. TRACY LONG, Bruce Botsford, SHANTRELL L. LEWIS
|
|
| Name |
JASON FLOWERS CORP
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Barry Stone
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-09-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
19007 SW 24th AVE, LLC
|
|
| Docket Date |
2017-09-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2017-10-06
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2017-10-06
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the October 4, 2017 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2017-10-04
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
19007 SW 24th AVE, LLC
|
|
| Docket Date |
2017-09-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2017-09-27
|
| 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's corrected motion to reschedule foreclosure sale" is an appealable order. Pridgen v. First Union Bank, 879 So. 2d 21 (Fla. 2d DCA 2004) (dismissing appeal from order setting foreclosure sale). FurtherAppellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2017-09-26
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CITIMORTGAGE, INC.,
|
|
|
