| 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 |
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
|
|
| Name |
JASON FLOWERS CORP
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
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 |
2018-08-09
|
| 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 |
2018-08-08
|
| 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 |
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 |
2018-07-13
|
| 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
|
|
|
