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GUILFORT DIEUVIL and MAGDADENE DIEUVIL, Appellant(s) v. US BANK TRUST NATIONAL, et al., Appellee(s).
|
4D2024-2650
|
2024-10-16
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502021CA014007
|
Parties
| Name |
Guilfort Dieuvil
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MAGDADENE DIEUVIL, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
US Bank Trust National Association, etc.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Adam Alexander Diaz, Kathleen Achille
|
|
| Name |
CANYON ISLES HOMEOWNERS ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Brett A Duker
|
|
| Name |
Maryse A. Pierre
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Frank Wolland
|
|
| Name |
Anselme Pierre
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
City Of Delray Beach
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
William Matthew Bennett
|
|
| Name |
Cadlerock Joint Venture, L.P.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HAITIAN BETHEL BAPTIST CHURCH, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Emmanuel Rocher Jean Baptiste
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. James Warren Sherman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-08
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| View |
View File
|
|
| Docket Date |
2024-11-05
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
US Bank Trust National Association, etc.
|
|
| Docket Date |
2024-10-16
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-10-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-11-13
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDERED sua sponte that the above-styled appeal is dismissed for lack of jurisdiction. See Fla. R. App. P. 9.130, 9.110; see also Pineside Condo. Ass'n v. Rey, 342 So. 3d 741 (Fla. 3d DCA 2022) ("Appeals of nonfinal orders that fall outside the scope of Florida Rule of Appellate Procedure 9.130(a)(3) must be dismissed."); Caufield v. Cantele, 837 So. 2d 371, 375 (Fla. 2002) ("A final judgment is one which ends the litigation between the parties and disposes of all issues involved such that no further action by the court will be necessary.").
DAMOORGIAN, LEVINE and ARTAU, JJ., concur.
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| View |
View File
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| Docket Date |
2024-10-23
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2024), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY. ORDERED, Appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of the entry 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. If Appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, Appellant shall file a copy of that order in this court. If Appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, Appellant shall complete the enclosed application and mail to the clerk of the lower tribunal within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The clerk of the lower tribunal shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of Appellant to comply with this order will result in the dismissal of this appeal. **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 lower tribunal clerk's determination of indigent status is filed.
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| View |
View File
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| Docket Date |
2024-10-18
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
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 September 13, 2024 "Order on Defendants' Renewed Motion for Leave to File Amended Pleadings Against Plaintiff" is a nonfinal or final appealable order, as it does not appear to fall within the enumerated, appealable nonfinal orders per Florida Rule of Appellate Procedure 9.130, and it does not enter judgment for or against a party or otherwise appear to conclude the judicial labor in the cause such that jurisdiction would lie under Florida Rule of Appellate Procedure 9.110, as it states, "The Court further finds the matter is at issue, and shall specially be set for a Non-Jury Trial, under separate Order." See Fla. R. App. P. 9.130, 9.110; see also Pineside Condo. Ass'n v. Rey, 342 So. 3d 741 (Fla. 3d DCA 2022) ("Appeals of nonfinal orders that fall outside the scope of Florida Rule of Appellate Procedure 9.130(a)(3) must be dismissed."); Caufield v. Cantele, 837 So. 2d 371, 375 (Fla. 2002) ("A final judgment is one which ends the litigation between the parties and disposes of all issues involved such that no further action by the court will be necessary."); further, Appellee may file a response within ten (10) days of service of that statement.
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FRANTZ DUVAL, et al., Appellant(s) v. U.S. BANK TRUST NATIONAL, Appellee(s).
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4D2024-2425
|
2024-09-18
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Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2021CA014007XXX
|
Parties
| Name |
MAGDADENE DIEUVIL, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Guilfort Dieuvil
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Frantz Duval
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
U.S. Bank Trust National Association
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Kathleen Achille, Adam Alexander Diaz
|
|
| Name |
Hon. James Warren Sherman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-10-16
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
U.S. Bank Trust National Association
|
|
| Docket Date |
2024-10-16
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
|
| Docket Date |
2024-10-14
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
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| View |
View File
|
|
| Docket Date |
2024-10-11
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
|
| Docket Date |
2024-10-03
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
U.S. Bank Trust National Association
|
|
| Docket Date |
2024-09-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-09-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-11-13
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORDERED that appellee's October 11, 2024 motion to dismiss is granted, and the above-styled appeal is dismissed for lack of jurisdiction. Further, ORDERED that the appellee's October 15, 2024 motion for attorney's fees is granted conditioned on the trial court determining that appellee is the prevailing party and, if so, setting the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
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| View |
View File
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| Docket Date |
2024-09-27
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| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2024), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY. ORDERED, Appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of the entry 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. If Appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, Appellant shall file a copy of that order in this court. If Appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, Appellant shall complete the enclosed application and mail to the clerk of the lower tribunal within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The clerk of the lower tribunal shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of Appellant to comply with this order will result in the dismissal of this appeal. **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 lower tribunal clerk's determination of indigent status is filed.
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MAGDADENE DIEUVIL, et al., Appellant(s) v. WOODSTOCK PROPERTY OWNERS ASSOCIATION, INC., Appellee(s).
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4D2024-2180
|
2024-08-26
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502020CA002007
|
Parties
| Name |
MAGDADENE DIEUVIL, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Guilfort Dieuvil
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Fenjy Duval
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
WOODSTOCK PROPERTY OWNERS ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Kenneth Edwin Zeilberger
|
|
| Name |
Hon. Gerard Joseph Curley Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-08
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
ORDERED that Appellant is directed to file a status of payment, within ten (10) days from the date of this order.
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| View |
View File
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| Docket Date |
2024-10-28
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| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice of Inability to Transmit Record on Appeal
|
| On Behalf Of |
Palm Beach Clerk
|
|
| Docket Date |
2024-09-13
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| View |
View File
|
|
| Docket Date |
2024-08-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-08-26
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-12-18
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
ORDERED that, upon consideration of appellants' response filed December 16, 2024, this court's December 3, 2024 order to show cause is discharged. Further,
ORDERED that appellants' December 16, 2024 motion is treated as a motion for extension of time to pay the fees for preparation of the record on appeal to the clerk of the lower tribunal, and is granted. Appellants shall pay all outstanding fees for preparation of the record to the clerk of the lower tribunal within fifteen (15) days from the date of this order.
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| View |
View File
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|
| Docket Date |
2024-12-16
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| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time for Record & EOT/Toll Briefing
|
| Description |
Motion for Extension of Time for Record & EOT/Toll Briefing
|
|
| Docket Date |
2024-12-03
|
| Type |
Order
|
| Subtype |
Show Cause for Brief or Record on Appeal
|
| Description |
ORDERED that Appellant in the above-styled case is directed to show cause in writing, if any there be, on or before December 13, 2024, why the above-styled case should not be dismissed for lack of timely prosecution, in that the record on appeal has not been filed with this court as of the date of this order. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the record on appeal is filed within this time, the order to show cause will be considered automatically discharged without further order.
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| View |
View File
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| Docket Date |
2024-09-05
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| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2024), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY. ORDERED, Appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of the entry 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. If Appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, Appellant shall file a copy of that order in this court. If Appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, Appellant shall complete the enclosed application and mail to the clerk of the lower tribunal within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The clerk of the lower tribunal shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of Appellant to comply with this order will result in the dismissal of this appeal. **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 lower tribunal clerk's determination of indigent status is filed.
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View File
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MAGDADENE DIEUVIL, et al., Appellant(s) v. US BANK NATIONAL ASSOCIATION, et al., Appellee(s).
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4D2024-0805
|
2024-04-01
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502021CA014007
|
Parties
| Name |
MAGDADENE DIEUVIL, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Guilfort Dieuvil
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Frantz Duval
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Emmanuel Rocher Jean Baptiste
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
US Bank National Association
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Adam Alexander Diaz
|
|
| Name |
Canyon Isles Homeowners Assoc.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Brett A Duker
|
|
| Name |
Maryse Jean Pierre
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Frank Wolland
|
|
| Name |
Anselme Pierre
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
City of Delray Beach
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
William Matthew Bennett
|
|
| Name |
James Sherman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-04-22
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
US Bank National Association
|
|
| Docket Date |
2024-04-18
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDERED sua sponte that the above-styled appeal is dismissed for non-payment of the $300.00 filing fee.
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| View |
View File
|
|
| Docket Date |
2024-04-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-04-01
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2024-04-01
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
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FENJY DUVAL, MAGDADENE DIEUVIL, et al., Appellant(s) v. WOODSTOCK PROPERTY OWNERS ASSOCIATION, INC., Appellee(s).
|
4D2023-3151
|
2024-01-02
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502020CA002007
|
Parties
| Name |
Guilfort Dieuvil
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Fenjy Duval
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MAGDADENE DIEUVIL, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Frantz Duval
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
WOODSTOCK PROPERTY OWNERS ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Arthur Evan Lewis
|
|
| Name |
Hon. Gerard Joseph Curley Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-07-15
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Appellants' Initial Brief
|
| On Behalf Of |
Magdadene Dieuvil
|
| View |
View File
|
|
| Docket Date |
2024-08-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
ORDERED that appellants' August 2, 2024 motion for reinstatement is denied. Further, ORDERED that appellee's August 16, 2024 motion for extension of time is denied as moot. Further, ORDERED that appellants' August 20, 2024 "reply response to appellee's response on motion to vacate order of dismissal" is stricken as unauthorized.
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| View |
View File
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|
| Docket Date |
2024-08-20
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response on Motion to Vacate Order of Dismissal
|
| On Behalf Of |
Magdadene Dieuvil
|
| View |
View File
|
|
| Docket Date |
2024-08-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
|
| Docket Date |
2024-08-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Appellant's Motion to Vacate Order of Dismissal
|
| On Behalf Of |
Woodstock Property Owners Association, Inc.
|
|
| Docket Date |
2024-08-05
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORDERED that Appellee is directed to respond, within ten (10) days from the date of this order, to Appellants' August 2, 2024 motion.
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| View |
View File
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|
| Docket Date |
2024-08-02
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Appellants' Motion For Reinstatement
|
|
| Docket Date |
2024-07-30
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| View |
View File
|
|
| Docket Date |
2024-07-24
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Returned Mail for Frantz Duval- Not Deliverable as Addressed. Unable to Forward.
|
|
| Docket Date |
2024-07-16
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORDERED that Appellants' July 15, 2024 initial brief and motion are stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificates of service are 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. Appellants may re-file the documents with proper certificates of service which indicate service on the Appellee within fifteen (15) days from the date of this order.
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| View |
View File
|
|
| Docket Date |
2024-07-15
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Appellants' Motion to Vacate Order Dismissal and to Reinstate Appeal and Appellants' Notice of Compliance with the Filing of Appellants' Initial Brief
|
|
| Docket Date |
2024-07-12
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDERED sua sponte that the above-styled case is dismissed for lack of prosecution.
|
| View |
View File
|
|
| Docket Date |
2024-06-26
|
| Type |
Order
|
| Subtype |
Show Cause for Brief or Record on Appeal
|
| Description |
Order to Show Cause for Initial Brief
|
| View |
View File
|
|
| Docket Date |
2024-06-12
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Returned Mail for Frantz Duval- Insufficient Address. Unable to Forward.
|
|
| Docket Date |
2024-06-04
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause and Motion for Extension of Time
|
|
| Docket Date |
2024-05-24
|
| Type |
Order
|
| Subtype |
Show Cause for Brief or Record on Appeal
|
| Description |
ORDERED that Appellants in the above-styled case are directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that Appellants' consolidated initial brief has not been filed with this court as of the date of this order. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the consolidated initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
| View |
View File
|
|
| Docket Date |
2024-04-18
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Woodstock Property Owners Association, Inc.
|
|
| Docket Date |
2024-03-22
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion to Consolidate , Motion to Vacate for Lack of Prosecution , and Motion for Extension of time to file Initial Brief On Both Cases
|
|
| Docket Date |
2024-03-14
|
| Type |
Order
|
| Subtype |
Order for Party to File Status Report on Record
|
| Description |
Order for Party to File Status Report on Record
|
| View |
View File
|
|
| Docket Date |
2024-03-05
|
| Type |
Notice
|
| Subtype |
Notice of Inability
|
| Description |
Notice of Inability to Transmit Record on Appeal
|
| On Behalf Of |
Palm Beach Clerk
|
|
| Docket Date |
2024-01-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
ORDERED that appellants' January 23, 2024 motion for reinstatement is granted, and the above-styled appeal is reinstated.
|
| View |
View File
|
|
| Docket Date |
2024-01-24
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2024-01-24
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
Magdadene Dieuvil
|
| View |
View File
|
|
| Docket Date |
2024-01-23
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDERED sua sponte that the above-styled appeal is dismissed for non-payment of the $300.00 filing fee.
|
| View |
View File
|
|
| Docket Date |
2024-01-02
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-01-02
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2024-01-02
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-06-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDERED that, upon consideration of Appellants' June 3, 2024 motion to show cause, this court's May 24, 2024 order to show cause is discharged. Further, ORDERED that the motion for extension of time, contained in Appellants' June 3, 2024 motion to show cause, is granted, and Appellants shall serve the initial brief within five (5) 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 may be subject to dismissal or the court in its discretion may impose other sanctions.
|
| View |
View File
|
|
| Docket Date |
2024-04-17
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORDERED that appellants' March 21, 2024 "Motion to Consolidate Both Appellate Cases and Motion to Vacate Dismissal for Lack of Prosecution and Motion for Extension of Time to File Initial Brief on Both Cases" is granted. Case number 4D2023-2024 is reinstated. Case numbers 4D2023-2024 and 4D2023-3151 are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D2023-2024. Appellants shall serve the consolidated initial brief within thirty (30) 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 may be subject to dismissal or the court in its discretion may impose other sanctions.
|
| View |
View File
|
|
|
|
GUILFORT DIEUVIL, et al., Appellant(s) v. WOODSTOCK PROPERTY OWNERS ASSOCIATION, INC., Appellee(s).
|
4D2023-2024
|
2023-08-22
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502020CA002007
|
Parties
| Name |
Frantz Duval
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MAGDADENE DIEUVIL, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Hon. Gerard Joseph Curley
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Guilfort Dieuvil
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
WOODSTOCK PROPERTY OWNERS ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Shelli A. Healy, Keith Frank Backer, Kenneth Edwin Zeilberger
|
|
Docket Entries
| Docket Date |
2024-04-18
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Woodstock Property Owners Association, Inc.
|
|
| Docket Date |
2024-08-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
ORDERED that appellants' August 2, 2024 motion for reinstatement is denied. Further, ORDERED that appellee's August 16, 2024 motion for extension of time is denied as moot. Further, ORDERED that appellants' August 20, 2024 "reply response to appellee's response on motion to vacate order of dismissal" is stricken as unauthorized.
|
| View |
View File
|
|
| Docket Date |
2024-08-20
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response on Motion to Vacate Order of Dismissal
|
| On Behalf Of |
Magdadene Dieuvil
|
| View |
View File
|
|
| Docket Date |
2024-08-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
|
| Docket Date |
2024-08-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Appellant's Motion to Vacate Order of Dismissal
|
| On Behalf Of |
Woodstock Property Owners Association, Inc.
|
|
| Docket Date |
2024-08-05
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORDERED that Appellee is directed to respond, within ten (10) days from the date of this order, to Appellants' August 2, 2024 motion.
|
| View |
View File
|
|
| Docket Date |
2024-08-02
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Appellants' Motion For Reinstatement
|
|
| Docket Date |
2024-07-30
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| View |
View File
|
|
| Docket Date |
2024-07-24
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Returned Mail for Frantz Duval- Not Deliverable as Addressed. Unable to Forward.
|
|
| Docket Date |
2024-07-16
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORDERED that Appellants' July 15, 2024 initial brief and motion are stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificates of service are 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. Appellants may re-file the documents with proper certificates of service which indicate service on the Appellee within fifteen (15) days from the date of this order.
|
| View |
View File
|
|
| Docket Date |
2024-07-15
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Appellants' Motion to Vacate Order Dismissal and to Reinstate Appeal and Appellants' Notice of Compliance with the Filing of Appellants' Initial Brief
|
|
| Docket Date |
2024-07-15
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Appellants' Initial Brief
|
| On Behalf Of |
Magdadene Dieuvil
|
| View |
View File
|
|
| Docket Date |
2024-07-12
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDERED sua sponte that the above-styled case is dismissed for lack of prosecution.
|
| View |
View File
|
|
| Docket Date |
2024-06-26
|
| Type |
Order
|
| Subtype |
Show Cause for Brief or Record on Appeal
|
| Description |
Order to Show Cause for Initial Brief
|
| View |
View File
|
|
| Docket Date |
2024-06-12
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Returned Mail for Frantz Duval- Insufficient Address. Unable to Forward.
|
|
| Docket Date |
2024-06-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDERED that, upon consideration of Appellants' June 3, 2024 motion to show cause, this court's May 24, 2024 order to show cause is discharged. Further, ORDERED that the motion for extension of time, contained in Appellants' June 3, 2024 motion to show cause, is granted, and Appellants shall serve the initial brief within five (5) 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 may be subject to dismissal or the court in its discretion may impose other sanctions.
|
| View |
View File
|
|
| Docket Date |
2024-06-04
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause and Motion for Extension of Time
|
|
| Docket Date |
2024-05-24
|
| Type |
Order
|
| Subtype |
Show Cause for Brief or Record on Appeal
|
| Description |
ORDERED that Appellants in the above-styled case are directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that Appellants' consolidated initial brief has not been filed with this court as of the date of this order. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the consolidated initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
| View |
View File
|
|
| Docket Date |
2024-03-22
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Appellants' Motion To Consolidate Both Appellate Cases And Motion To Vacate Dismissal For Lack Of Prosecution And Motion For Extension Of Time To File Initial Brief On Both Cases
|
|
| Docket Date |
2024-03-12
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDERED sua sponte that the above-styled case is dismissed for lack of prosecution.
|
| View |
View File
|
|
| Docket Date |
2024-02-23
|
| Type |
Order
|
| Subtype |
Show Cause for Brief or Record on Appeal
|
| Description |
ORDERED that Appellants in the above-styled case are directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that Appellants' initial brief has not been filed with this court as of the date of this order. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
| View |
View File
|
|
| Docket Date |
2023-12-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
ORDERED that Appellants' December 7, 2023 motion to show cause is treated as a motion for reinstatement and is granted. The above-styled appeal is reinstated.
|
| View |
View File
|
|
| Docket Date |
2023-12-07
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal; 1,085 Pages
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2023-12-07
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2023-12-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Motion To Show Cause Why Appellants' Case Should Not Be Dismissed And To Set Aside Any Dismissal Order And Notice Of Compliance
|
|
| Docket Date |
2023-12-05
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDERED sua sponte that the above-styled case is dismissed for lack of prosecution.
|
| View |
View File
|
|
| Docket Date |
2023-11-02
|
| Type |
Order
|
| Subtype |
Order for Party to File Status Report on Record
|
| Description |
Upon consideration of the notice of inability to transmit the record on appeal filed by the clerk of the lower tribunal on October 24, 2023, it is ORDERED that Appellants shall file a report, within five (5) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
|
| View |
View File
|
|
| Docket Date |
2023-10-24
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice of Inability to Transmit the Record on Appeal
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2023-09-06
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2023-08-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-08-22
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-08-22
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Guilfort Dieuvil
|
|
| Docket Date |
2024-04-17
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORDERED that appellants' March 21, 2024 "Motion to Consolidate Both Appellate Cases and Motion to Vacate Dismissal for Lack of Prosecution and Motion for Extension of Time to File Initial Brief on Both Cases" is granted. Case number 4D2023-2024 is reinstated. Case numbers 4D2023-2024 and 4D2023-3151 are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D2023-2024. Appellants shall serve the consolidated initial brief within thirty (30) 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 may be subject to dismissal or the court in its discretion may impose other sanctions.
|
| View |
View File
|
|
| Docket Date |
2023-11-15
|
| Type |
Order
|
| Subtype |
Show Cause for Brief or Record on Appeal
|
| Description |
ORDERED that Appellants in the above-styled case are directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that the record on appeal has not been filed with this court as of the date of this order. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the record on appeal is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
| View |
View File
|
|
| Docket Date |
2023-08-22
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se 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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of the entry 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.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the clerk of the lower tribunal within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The clerk of the lower tribunal shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**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 lower tribunal clerk's determination of indigent status is filed.
|
|
|
|
GUILFORT DIEUVIL, et al. VS WOODSTOCK PROPERTY OWNERS ASSOCIATION, INC.
|
4D2023-1697
|
2023-07-12
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502020CA002007
|
Parties
| Name |
Guilfort Dieuvil
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Fenjy Duval
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MAGDADENE DIEUVIL, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Frantz Duval
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
WOODSTOCK PROPERTY OWNERS ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Kenneth E. Zeilberger, Shelli A. Healy
|
|
| Name |
Hon. Gerard Joseph Curley
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-08-10
|
| 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 |
2023-08-10
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2023-07-17
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
ORD-For Untimely Filing of Notice of Appeal-LT ~ The court has received the Notice of Appeal in the above-styled case and finds, from the face of the Notice, that the appeal appears to be untimely filed. The Notice was filed in the Lower Tribunal on July 12, 2023, and the Notice reflects May 23, 2023, as the date of the order being appealed.ORDERED that appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order(s) being appealed and any subsequent orders which tolled the time for the filing of the Notice of Appeal. Said orders must reflect the time/date stamp so that timeliness can be determined.ORDERED that failure to comply with this order will result in the sua sponte dismissal of the above-styled case as being an untimely appeal.
|
|
| Docket Date |
2023-07-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-07-12
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Fenjy Duval
|
|
| Docket Date |
2023-07-12
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
DM:No Fee - Case Dismissed
|
|
| Docket Date |
2023-07-13
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se 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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of the entry 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.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the clerk of the lower tribunal within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The clerk of the lower tribunal shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**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 lower tribunal clerk's determination of indigent status is filed.
|
|
|
|
MAGDADENE DIEUVIL and GUILFORT DIEUVIL, Appellant(s) v. CANYON ISLES HOMEOWNERS ASSOC., Appellee(s).
|
4D2023-0294
|
2023-01-31
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502020CA003875XXXX
|
Parties
| Name |
MAGDADENE DIEUVIL, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Guilfort Dieuvil
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Canyon Isles Homeowners Assoc.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jeremy Scott Dicker, Brett Duker
|
|
| Name |
Hon. Maxine Cheesman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-03-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Appellee's Motion for Extension of Time to Serve Its Response in Opposition to Appellants' Amended Motion for Rehearing, For Clarification, and For The Entry of Written Opinion
|
|
| Docket Date |
2024-02-13
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
Appellants' Verified Reply Response to Appellee's Response in Opposition to Appellants Motion to Compel Appellee to Serve and Provide Copy of Appellee's Response to Appellants' Initial Brief and Appellee's Motion for Attorney Fees
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2023-05-18
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-Discharging Show Cause ~ ORDERED that, upon consideration of appellants' response and motion for extension of time filed May 15, 2023, this court's May 4, 2023 order to show cause is discharged. Further,ORDERED that appellants' motion for extension of time is granted, and appellants shall serve the initial brief within seven (7) 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 may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2023-01-31
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se 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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of the entry 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.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the clerk of the lower tribunal within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The clerk of the lower tribunal shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**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 lower tribunal clerk's determination of indigent status is filed.
|
|
| Docket Date |
2024-04-18
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-04-18
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-04-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
Order on Motion for Rehearing
|
| View |
View File
|
|
| Docket Date |
2024-04-02
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Defendants' Notice of Filing Supplemental Record of Defendants' Closing Arguments of the Non-Jury Trial
|
|
| Docket Date |
2024-03-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Appellee's Response in Opposition to Appellants' Amended Motion for Rehearing, For Clarification, and For the Entry of Written Opinion
|
|
| Docket Date |
2024-03-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Order on Motion for Extension of Time to File Response
|
| View |
View File
|
|
| Docket Date |
2024-03-05
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Record -- 176 pages
|
|
| Docket Date |
2024-03-01
|
| Type |
Motion
|
| Subtype |
Rehearing
|
| Description |
Motion for Rehearing
|
| View |
View File
|
|
| Docket Date |
2024-02-23
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
' MOTION FOR REHEARING, FOR CLARIFICATION,
AND FOR THE ENTRY OF WRITTEN OPINION ON 4DCA'S ORDER
ISSUED ON FEBRUARY 8, 2024 (Filed in 23-294)
|
|
| Docket Date |
2024-02-16
|
| Type |
Order
|
| Subtype |
Order on Motion To Compel
|
| Description |
Order on Motion To Compel
|
| View |
View File
|
|
| Docket Date |
2024-02-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response in Opposition to Appellants' Motion to Compel, etc.
|
| On Behalf Of |
Canyon Isles Homeowners Assoc.
|
|
| Docket Date |
2024-02-09
|
| Type |
Motions Other
|
| Subtype |
Motion To Compel
|
| Description |
Motion To Compel
|
|
| Docket Date |
2024-02-08
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order on Motion For Attorney's Fees
|
| View |
View File
|
|
| Docket Date |
2024-02-08
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2023-08-23
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Canyon Isles Homeowners Assoc.
|
|
| Docket Date |
2023-07-26
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Canyon Isles Homeowners Assoc.
|
|
| Docket Date |
2023-07-05
|
| 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 June 26, 2023 motion for extension of time is granted, and appellee shall serve the answer brief on or before July 26, 2023. 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 |
2023-06-26
|
| 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 |
Canyon Isles Homeowners Assoc.
|
|
| Docket Date |
2023-05-25
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Guilfort Dieuvil
|
|
| Docket Date |
2023-05-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLANTS' MOTION FOR EXTENSION OF TIME TO FILE NEW INITIAL BRIEF
|
| On Behalf Of |
Canyon Isles Homeowners Assoc.
|
|
| Docket Date |
2023-05-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause ~ *AND* MOTION FOR EXTENSION
|
| On Behalf Of |
Guilfort Dieuvil
|
|
| Docket Date |
2023-05-04
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ Upon consideration of appellee’s April 13, 2023 motion, it is ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellants’ amended initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the amended initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2023-04-13
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ FOR COURT ORDER REQUIRING APPELLANTS TO SHOW CAUSE WHY THE APPEAL SHOULD NOT BE DISMISSED FOR LACK OF TIMELY PROSECUTION
|
| On Behalf Of |
Canyon Isles Homeowners Assoc.
|
|
| Docket Date |
2023-03-07
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 621 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2023-03-06
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2023-03-03
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that, upon consideration of appellee’s February 17, 2023 response, case numbers 4D22-1642 and 4D23-294 are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D22-1642. Within fifteen (15) days from the date of this order, the clerk of the lower tribunal shall prepare and file a supplemental record containing the documents filed after appellants’ June 17, 2022 notice of appeal. Appellants shall file an amended initial brief addressing the issues in both cases on or before April 10, 2023.
|
|
| Docket Date |
2023-02-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Canyon Isles Homeowners Assoc.
|
|
| Docket Date |
2023-02-07
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ ORDERED that the parties are to show cause, within ten (10) days from the date of this order, why 4D22-1642 and 4D23-294 should not be consolidated for all purposes.
|
|
| Docket Date |
2023-02-02
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending ~ w/4D22-1642
|
| On Behalf Of |
Canyon Isles Homeowners Assoc.
|
|
| Docket Date |
2023-01-31
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2023-01-31
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-01-31
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
MAGDADENE DIEUVIL and GUILFORT DIEUVIL VS FALCON TRACE HOMEOWNERS ASSOC. INC., et al.
|
4D2022-2069
|
2022-08-01
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Indian River County
312019CA000858
|
Parties
| Name |
MAGDADENE DIEUVIL, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Guilfort Dieuvil
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FALCON TRACE HOMEOWNERS ASSOC. INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
D. John Rhodeback, John P. Carrigan
|
|
| Name |
ROONEY & ROONEY, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Melvin Yorker
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
D. John Rhodeback
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Deborah Ann Marcellaro
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Janet C. Croom
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Indian River
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-08-21
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-08-18
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-08-02
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion
|
|
| Docket Date |
2023-08-02
|
| Type |
Order
|
| Subtype |
Order on Motion For Substitution of Counsel
|
| Description |
ORD-Grant Substitution of Counsel ~ ORDERED that pursuant to the stipulation for substitution of counsel filed July 7, 2023, John Carrigan, Ross Earle Bonan Ensor & Carrigan P.A., is substituted for the law firm of Dill, Evan & Rhodeback as counsel for appellee Falcon Trace Homeowners Association, Inc. in the above-styled cause.
|
|
| Docket Date |
2023-07-07
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion For Substitution of Counsel
|
| Description |
Motion For Substitution of Counsel ~ (STIPULATION)
|
| On Behalf Of |
FALCON TRACE HOMEOWNERS ASSOC. INC.
|
|
| Docket Date |
2023-03-24
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
FALCON TRACE HOMEOWNERS ASSOC. INC.
|
|
| Docket Date |
2023-03-24
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
FALCON TRACE HOMEOWNERS ASSOC. INC.
|
|
| Docket Date |
2023-03-14
|
| 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 6, 2023 motion for extension of time is granted, and appellee shall serve the answer brief on or before March 22, 2023. 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 |
2023-03-06
|
| 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 |
FALCON TRACE HOMEOWNERS ASSOC. INC.
|
|
| Docket Date |
2023-02-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Granting Rehearing ~ Upon consideration of appellee's January 30, 2023 response, it is ORDERED that the appellant’s January 20, 2023 motion for rehearing is granted, and this appeal is reinstated.
|
|
| Docket Date |
2023-01-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
FALCON TRACE HOMEOWNERS ASSOC. INC.
|
|
| Docket Date |
2023-01-30
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
FALCON TRACE HOMEOWNERS ASSOC. INC.
|
|
| Docket Date |
2023-01-20
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2023-01-20
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ AND RECONSIDERATION TOVACATE DISMISSAL ORDER FOR LACK OF PROSECUTION AND FOR THECOURT TO ACCEPT APPELLANTS' INITIAL BRIEF
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2023-01-05
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-Lack of Prosecution ~ **REINSTATED**ORDERED sua sponte that the above-styled case is dismissed for lack of prosecution.
|
|
| Docket Date |
2023-01-05
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk ~ **REINSTATED**
|
|
| Docket Date |
2022-12-16
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellants in the above-styled case is directed to show cause in writing, if any there be, on or before December 27, 2022, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellants’ initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2022-11-17
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-Discharging Show Cause ~ ORDERED that this court's October 27, 2022 order to show cause is discharged.
|
|
| Docket Date |
2022-11-15
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ **DISCHARGED**ORDERED that appellants' November 14, 2022 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service or the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f).
|
|
| Docket Date |
2022-11-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ *AND* RESPONSE
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2022-11-08
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (838 PAGES)
|
| On Behalf Of |
Clerk - Indian River
|
|
| Docket Date |
2022-10-27
|
| Type |
Order
|
| Subtype |
Show Cause re Compliance with Prior Order
|
| Description |
Order to Show Cause-Appeal Dismissal ~ ORDERED that appellants are directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed or other sanctions imposed for failure to comply with this court's October 11, 2022 order.
|
|
| Docket Date |
2022-10-11
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Clerk’s Affidavit filed September 30, 2022, it is ORDERED that appellants shall file a report, within ten (10) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
|
|
| Docket Date |
2022-09-30
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit
|
| On Behalf Of |
Clerk - Indian River
|
|
| Docket Date |
2022-08-31
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ ORDERED sua sponte that the above-styled appeal shall proceed from the July 11, 2022 final judgment of foreclosure. Further, ORDERED that the court's August 4, 2022 order requesting briefing on the issue of jurisdiction is vacated.
|
|
| Docket Date |
2022-08-18
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2022-08-04
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ **VACATED** ORDERED that, within ten (10) days from the date of this order, appellants 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. Appellants shall specifically address how the July 11, 2022 order is an appealable final or nonfinal order, as it appears appellant's counterclaim is currently pending in the trial court. See Mantabs, LLC v. Happy Fiddler Ass'n, 279 So. 3d 661 (Fla. 2d DCA 2019) (dismissing appeal as premature because an interrelated counterclaim remained pending in the trial court). Further,Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2022-08-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-08-03
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se 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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of the entry 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.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the clerk of the lower tribunal within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The clerk of the lower tribunal shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**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 lower tribunal clerk's determination of indigent status is filed.
|
|
| Docket Date |
2022-08-01
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2022-08-01
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
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MAGDADENE DIEUVIL, GUILFORT DIEUVIL, et al., Appellant(s) v. CANYON ISLES HOMEOWNERS ASSOC., Appellee(s).
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4D2022-1642
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2022-06-17
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502020CA003875XXXXMB
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Parties
| Name |
Guilfort Dieuvil
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Frantz Duval
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MAGDADENE DIEUVIL, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Canyon Isles Homeowners Assoc.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Viravuth Un, Jeremy Scott Dicker
|
|
| Name |
Richard Lee Oftedal
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-07-26
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Canyon Isles Homeowners Assoc.
|
|
| Docket Date |
2024-02-08
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order on Motion For Attorney's Fees
|
| View |
View File
|
|
| Docket Date |
2024-02-08
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2024-04-18
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-04-18
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-04-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
Order on Motion for Rehearing
|
| View |
View File
|
|
| Docket Date |
2024-04-02
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Defendants' Notice of Filing Supplemental Record of Defendants' Closing Arguments of the Non-Jury Trial
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|
| Docket Date |
2024-03-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Appellee's Response in Opposition to Appellants' Amended Motion for Rehearing, For Clarification, and For the Entry of Written Opinion
|
|
| Docket Date |
2024-03-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Order on Motion for Extension of Time to File Response
|
| View |
View File
|
|
| Docket Date |
2024-03-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Appellee's Motion for Extension of Time to Serve Its Response in Opposition to Appellants' Amended Motion for Rehearing, For Clarification, and For The Entry of Written Opinion
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|
| Docket Date |
2024-03-05
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Record -- 176 pages
|
|
| Docket Date |
2024-03-01
|
| Type |
Motion
|
| Subtype |
Rehearing
|
| Description |
Motion for Rehearing
|
| View |
View File
|
|
| Docket Date |
2024-02-23
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
' MOTION FOR REHEARING, FOR CLARIFICATION,
AND FOR THE ENTRY OF WRITTEN OPINION ON 4DCA'S ORDER
ISSUED ON FEBRUARY 8, 2024 (Filed in 23-294)
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|
| Docket Date |
2024-02-16
|
| Type |
Order
|
| Subtype |
Order on Motion To Compel
|
| Description |
Order on Motion To Compel
|
| View |
View File
|
|
| Docket Date |
2024-02-13
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
Appellants' Verified Reply Response to Appellee's Response in Opposition to Appellants Motion to Compel Appellee to Serve and Provide Copy of Appellee's Response to Appellants' Initial Brief and Appellee's Motion for Attorney Fees
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2024-02-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response in Opposition to Appellants' Motion to Compel, etc.
|
| On Behalf Of |
Canyon Isles Homeowners Assoc.
|
|
| Docket Date |
2024-02-09
|
| Type |
Motions Other
|
| Subtype |
Motion To Compel
|
| Description |
Motion To Compel
|
|
| Docket Date |
2023-08-23
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Canyon Isles Homeowners Assoc.
|
|
| Docket Date |
2023-06-26
|
| 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 |
Canyon Isles Homeowners Assoc.
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| Docket Date |
2023-05-25
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| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
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| On Behalf Of |
Guilfort Dieuvil
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|
| Docket Date |
2023-05-17
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| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLANTS' MOTION FOR EXTENSION OF TIME TO FILE NEW INITIAL BRIEF
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| On Behalf Of |
Canyon Isles Homeowners Assoc.
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| Docket Date |
2023-05-15
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| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause ~ *AND* MOTION FOR EXTENSION
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| On Behalf Of |
Guilfort Dieuvil
|
|
| Docket Date |
2023-05-04
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ***DISCHARGED***Upon consideration of appellee's April 13, 2023 motion, it is ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellants' amended initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the amended initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
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| Docket Date |
2023-04-13
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| Type |
Motions Other
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| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ FOR COURT ORDER REQUIRING APPELLANTS TO SHOW CAUSE WHY THE APPEAL SHOULD NOT BE DISMISSED FOR LACK OF TIMELY PROSECUTION
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| On Behalf Of |
Canyon Isles Homeowners Assoc.
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| Docket Date |
2023-03-07
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| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 621 PAGES
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| On Behalf Of |
Palm Beach Clerk
|
|
| Docket Date |
2023-03-06
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
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| On Behalf Of |
Magdadene Dieuvil
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|
| Docket Date |
2023-03-03
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| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
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| Description |
ORD-Granting Consolidation ~ ORDERED that, upon consideration of appellee’s February 17, 2023 response, case numbers 4D22-1642 and 4D23-294 are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D22-1642. Within fifteen (15) days from the date of this order, the clerk of the lower tribunal shall prepare and file a supplemental record containing the documents filed after appellants’ June 17, 2022 notice of appeal. Appellants shall file an amended initial brief addressing the issues in both cases on or before April 10, 2023.
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| Docket Date |
2023-02-17
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| Type |
Response
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| Subtype |
Response
|
| Description |
Response ~ TO SHOW CAUSE ORDER DATED FEBRUARY 7, 2023
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| On Behalf Of |
Canyon Isles Homeowners Assoc.
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| Docket Date |
2023-02-14
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| 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 February 8, 2023 motion for extension of time is granted, and appellee shall serve the answer brief on or before March 10, 2023. 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.
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| Docket Date |
2023-02-08
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| 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 |
Canyon Isles Homeowners Assoc.
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|
| Docket Date |
2023-02-07
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| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ ORDERED that the parties are to show cause, within ten (10) days from the date of this order, why 4D22-1642 and 4D23-294 should not be consolidated for all purposes.
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| Docket Date |
2023-01-09
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| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2022-12-28
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellants in the above-styled case are directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellants’ initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
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| Docket Date |
2022-11-22
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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| Description |
ORD-Initial Brief to be Served ~ ORDERED that, upon consideration of appellants’ response filed on November 14, 2022, this court’s November 2, 2022 order to show cause is discharged. Further, ORDERED that appellants’ November 14, 2022 motion for extension of time is granted, and appellants shall serve the initial brief within thirty (30) 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 may be subject to dismissal or the court in its discretion may impose other sanctions. Appellants are 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. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
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| Docket Date |
2022-11-14
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| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLANTS' MOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF
|
| On Behalf Of |
Canyon Isles Homeowners Assoc.
|
|
| Docket Date |
2022-11-02
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| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED**ORDERED that appellants in the above-styled case are directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellants' initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
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| Docket Date |
2022-09-23
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| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause ~ MOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF
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| On Behalf Of |
Magdadene Dieuvil
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|
| Docket Date |
2022-09-13
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| Type |
Order
|
| Subtype |
Show Cause
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| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellants in the above-styled case are directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellants’ initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
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| Docket Date |
2022-09-12
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| Type |
Motions Other
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| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ FOR COURT ORDER REQUIRING APPELLANTS TO SHOW CAUSE WHY THE APPEAL SHOULD NOT BE DISMISSED FOR LACK OF TIMELY PROSECUTION
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| On Behalf Of |
Canyon Isles Homeowners Assoc.
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|
| Docket Date |
2022-08-25
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| Type |
Record
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| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 2,239 PAGES
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| On Behalf Of |
Palm Beach Clerk
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|
| Docket Date |
2022-07-05
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| Type |
Misc. Events
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| Subtype |
Case Filing Fee Paid through Portal
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| Description |
Case Filing Fee Paid Through Portal
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| On Behalf Of |
Magdadene Dieuvil
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| Docket Date |
2022-07-01
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
Canyon Isles Homeowners Assoc.
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| Docket Date |
2022-06-17
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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|
| Docket Date |
2022-06-17
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
FP:Fee Paid Through Portal
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| Docket Date |
2023-07-05
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| 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 June 26, 2023 motion for extension of time is granted, and appellee shall serve the answer brief on or before July 26, 2023. 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.
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| Docket Date |
2023-05-18
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| Type |
Order
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| Subtype |
Order Discharging Show Cause Order
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| Description |
ORD-Discharging Show Cause ~ ORDERED that, upon consideration of appellants' response and motion for extension of time filed May 15, 2023, this court's May 4, 2023 order to show cause is discharged. Further,ORDERED that appellants' motion for extension of time is granted, and appellants shall serve the initial brief within seven (7) 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 may be subject to dismissal or the court in its discretion may impose other sanctions.
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| Docket Date |
2022-09-27
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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| Description |
Order Granting EOT for Initial Brief ~ ORDERED that, upon consideration of appellants’ response filed on September 23, 2022, this court’s September 13, 2022 order to show cause is discharged. Further, ORDERED that appellants’ September 23, 2022 motion for extension of time is granted, and appellants shall serve the initial brief within thirty (30) 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 may be subject to dismissal or the court in its discretion may impose other sanctions.
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| Docket Date |
2022-06-17
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
Magdadene Dieuvil
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| Docket Date |
2022-06-17
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
ORD-Pay Filing Fee - pro se civil appeal ~ ***AMENDED***
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LORETTE PIERRE, MAGDADENE DIEUVIL, and GUILFORT DIEUVIL VS RANDALL POWELL
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4D2022-0623
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2022-03-02
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Closed
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| Classification |
NOA Final - County Civil - Landlord/Tenant/Eviction (Residential)
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| Court |
4th District Court of Appeal
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| Originating Court |
County Court for the Fifteenth Judicial Circuit, Palm Beach County
502021CC009107
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Parties
| Name |
Lorette Pierre
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MAGDADENE DIEUVIL, LLC
|
| Role |
Appellant
|
| Status |
Active
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| Name |
Guilfort Dieuvil
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| Role |
Appellant
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| Status |
Active
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| Name |
Randall Powell
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| Role |
Appellee
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| Status |
Active
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| Representations |
Aaron R. Coven, William M. Ford
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|
| Name |
Hon. Sarah L. Shullman
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| Role |
Judge/Judicial Officer
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| Status |
Active
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| Name |
Clerk - Palm Beach
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2022-10-17
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Brief on Merits
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| On Behalf Of |
Magdadene Dieuvil
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| Docket Date |
2023-04-21
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| Type |
Mandate
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| Subtype |
Mandate
|
| Description |
Mandate
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|
| Docket Date |
2023-03-31
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| Type |
Misc. Events
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| Subtype |
West Publishing
|
| Description |
West Publishing
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| Docket Date |
2023-03-31
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| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
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| Description |
ORD-Denying Rehearing ~ ORDERED that appellants’ March 7, 2023 motion for rehearing, written opinion, clarification, and certification is denied.
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| Docket Date |
2023-03-07
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| Type |
Post-Disposition Motions
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| Subtype |
Motion for Rehearing
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| Description |
Motion For Rehearing ~ AMENDED MOTION FOR REHEARING AND FOR WRITTEN OPINION, CLARIFICATION, CERTIFICATION OF QUESTIONS OF GREAT PUBLIC IMPORTANCE AND MOTION FOR DEFAULT AGAINST APPELLEE
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| On Behalf Of |
Magdadene Dieuvil
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| Docket Date |
2023-03-03
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| Type |
Post-Disposition Motions
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| Subtype |
Motion for Rehearing
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| Description |
Motion For Rehearing ~ AND FOR WRITTEN OPINION, CLARIFICATION, CERTIFICATION OF QUESTIONS OFGREAT PUBLIC IMPORTANCE AND MOTION FOR DEFAULT
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| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2023-02-16
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| Type |
Disposition by Opinion
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| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
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|
| Docket Date |
2022-10-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
ORD-Reinstatement ~ ORDERED that appellants' September 16, 2022 motion for reinstatement is granted, and the above-styled appeal is reinstated. See United Auto. Ins. Co. v. Cnty. Line Chiropractic Ctr., 8 So. 3d 1258, 1260 (Fla. 4th DCA 2009) ("Public policy favors courts deciding controversies on their merits, even when an untimely brief is filed.”). Appellants' September 30, 2022 initial brief is deemed filed as of the date of this order.
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| Docket Date |
2022-09-22
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2022-09-16
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2022-09-06
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| Type |
Disposition
|
| Subtype |
Dismissed
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| Description |
Dismissed - Order by Judge
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|
| Docket Date |
2022-09-06
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Granting Aplee's Motion to Dismiss ~ **REINSTATED 10/17/2022**ORDERED that the appellants' August 29, 2022 motion for extension of time is denied. Further, ORDERED that appellee's August 12, 2022 motion to dismiss is granted. This appeal is dismissed for lack of prosecution.
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| Docket Date |
2022-08-30
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
Objection
|
| On Behalf Of |
Randall Powell
|
|
| Docket Date |
2022-08-29
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ AND RESPONSE TO COURT ORDER TO SHOW CAUSE
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2022-08-17
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellants in the above-styled case are directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellants’ initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2022-08-12
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
Randall Powell
|
|
| Docket Date |
2022-06-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ Upon consideration of appellants’ June 27, 2022 response, this court’s June 6, 2022 order to show cause is discharged. Further,ORDERED that appellants’ motion for extension of time, contained within the response, is granted, and appellants shall serve the initial brief within forty-five (45) 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 may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2022-06-27
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ AND RESPONSE TO COURT ORDER TO SHOW CAUSE
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2022-06-21
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellants’ June 21, 2022 motion 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. Appellants 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 |
2022-06-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ **STRICKEN** AND RESPONSE TO COURT ORDER TO SHOW CAUSE
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2022-06-06
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED** ORDERED that appellants in the above-styled case are directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellants' initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2022-04-29
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 94 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-03-23
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2022-03-08
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Randall Powell
|
|
| Docket Date |
2022-03-02
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-03-02
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Misc. LT pleadings ~ Civil Cover Sheet
|
|
| Docket Date |
2022-03-02
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Lorette Pierre
|
|
| Docket Date |
2022-03-02
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se 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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of the entry 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.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the clerk of the lower tribunal within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The clerk of the lower tribunal shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**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 lower tribunal clerk's determination of indigent status is filed.
|
|
|
|
MAGDADENE DIEUVIL, et al. VS CANYON ISLES HOMEOWNERS ASSOC.
|
4D2021-3183
|
2021-11-08
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502020CA003875XXXMB (AI)
|
Parties
| Name |
Guilfort Dieuvil
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MAGDADENE DIEUVIL, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Canyon Isles Homeowners Assoc.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Robert Rivas, Brett Duker
|
|
| Name |
Hon. Richard Oftedal
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-03-17
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Moot ~ ORDERED that respondent's March 7, 2022 motion to dismiss is denied as moot.
|
|
| Docket Date |
2022-03-16
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed-Failure to Comply ~ ORDERED that this case is dismissed for failure to file a petition and appendix within the time provided in this Court's February 2, 2022 order.CONNER, C.J., MAY and KUNTZ, JJ., concur.
|
|
| Docket Date |
2022-03-16
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2022-03-07
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO DISMISS
|
| On Behalf Of |
Canyon Isles Homeowners Assoc.
|
|
| Docket Date |
2022-03-07
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
Canyon Isles Homeowners Assoc.
|
|
| Docket Date |
2022-02-01
|
| Type |
Order
|
| Subtype |
Order Reclassifying Case
|
| Description |
ORD-NOA Treated as Writ ~ ORDERED that the Notice of Appeal as to the October 7, 2021 order filed with the clerk of the lower tribunal is treated as a Petition for Writ of Certiorari. Petitioner shall file a petition and appendix in compliance with Florida Rule of Appellate Procedure 9.100 within twenty (20) days from the date of this order. Further, ORDERED sua sponte that the appeal of the October 6, 2021 order is dismissed for lack of jurisdiction. See Fla. R. App. P. 9.130.LEVINE, KLINGENSMITH and KUNTZ, JJ., concur.
|
|
| Docket Date |
2022-01-04
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellants’ December 30, 2021 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service or the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f). 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 and the address at which they were served.Appellants 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 |
2021-12-30
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ ***STRICKEN 1/4/22***TO FILE BRIEF STATEMENT
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2021-11-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellants’ November 22, 2021 motion for extension of time is granted, and the time to file a brief statement explaining the basis for the court’s jurisdiction is extended thirty (30) days from the date of this order.
|
|
| Docket Date |
2021-11-23
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Canyon Isles Homeowners Assoc.
|
|
| Docket Date |
2021-11-22
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
Guilfort Dieuvil
|
|
| Docket Date |
2021-11-22
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2021-11-12
|
| 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, appellants 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. Appellants shall specifically address how the October 6, 2021 order is an appealable final or nonfinal order, as it appears the order merely grants a motion for judicial notice. See Fla. R. App. P. 9.130; Fla. Highway Patrol v. Jackson, 288 So. 3d 1179, 1180 (Fla. 2020) (holding that Florida Rule of Appellate Procedure 9.130 contains an exclusive list of the categories of nonfinal orders subject to appeal). Further, Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2021-11-09
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se 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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes, is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of the entry 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.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the clerk of the lower tribunal within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The clerk of the lower tribunal shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**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 lower tribunal clerk's determination of indigent status is filed.
|
|
| Docket Date |
2021-11-09
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-11-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-11-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Magdadene Dieuvil
|
|
|
|
GUILFORT DIEUVIL and MAGDADENE DIEUVIL VS BOYNTON BEACH ASSOCIATES XVI, LLLP, et al.
|
4D2021-1215
|
2021-04-01
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502018CA011203
|
Parties
| Name |
Guilfort Dieuvil
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MAGDADENE DIEUVIL, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Alan J. Fant
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BOYNTON BEACH XVI CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BOYNTON BEACH ASSOCIATES XVI, LLLP
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Timothy A. Kolaya, Claudia Ojeda, Michael B. Stevens, Shirley Jean McEachern
|
|
| Name |
Maria N. Menendez
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
George Atkinson
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Itzhak Ezratti
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
G.L. BUILDING CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
G.L. Homes Building Corporation
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-06-01
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2021-06-01
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ ORDERED sua sponte that the above-styled appeal is dismissed for lack of jurisdiction as the March 1, 2021 order being appealed merely entitles attorney's fees without determining an amount. See S.-Owners Ins. Co. v. Logsdon, 75 So. 3d 1270, 1270 (Fla. 4th DCA 2011); Winkelman v. Toll, 632 So. 2d 130 (Fla. 4th DCA 1994).CIKLIN, KUNTZ and ARTAU, JJ., concur.
|
|
| Docket Date |
2021-04-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellants' April 26, 2021 motion for extension of time is granted. Appellants 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 legal authorities, within twenty (20) days from the date of this order.
|
|
| Docket Date |
2021-04-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO FILE BRIEF STATEMENT EXPLAINING THE BASIS FOR THIS COURT JURISDICTION
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2021-04-16
|
| 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, appellants 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. Appellants shall specifically address how the March 1, 2021 "order denying plaintiffs' ore tenus motion to continue or postpone hearing and granting defendants': (1) second verified motion for attorneys' fees pursuant to Fla. Stat. § 57.107 dated July 23, 2019; and (2) motion for costs and attorneys' fees pursuant to Fla. R. Civ. P. 1.525 dated August 23, 2019" is an appealable final order as it merely entitles attorney's fees without determining an amount. See S.-Owners Ins. Co. v. Logsdon, 75 So. 3d 1270, 1270 (Fla. 4th DCA 2011); Winkelman v. Toll, 632 So. 2d 130 (Fla. 4th DCA 1994). Further,Appellees may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2021-04-16
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2021-04-16
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2021-04-05
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-04-05
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Appellant to File Order Appealed-Civil ~ ORDERED that appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order being appealed. See Florida Rule of Appellate Procedure 9.110(d). This copy must contain a legible stamp from the clerk of the lower tribunal, showing the date and time the order being appealed was filed in that office.
|
|
| Docket Date |
2021-04-01
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Guilfort Dieuvil
|
|
| Docket Date |
2021-04-01
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
GUILFORT DIEUVIL, ET AL. VS BOYNTON BEACH ASSOCIATES, XVI, LLLP, ET AL.
|
SC2020-1661
|
2020-11-10
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502018CA011203XXXXMB
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
4D19-2720
|
Parties
| Name |
MAGDADENE DIEUVIL, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Guilfort Dieuvil
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
BOYNTON BEACH XVI CORPORATION
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Alan J. Font
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Misha J. Ezratti
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
BOYNTON BEACH ASSOCIATES XVI, LLLP
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Shirley Jean McEachern, Mr. Michael Bernard Stevens
|
|
| Name |
G.L. BUILDING CORPORATION
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Maria Menemdez
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
George Atkinson
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Glenn Kelley
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Sharon Repak Bock
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-11-16
|
| Type |
Disposition
|
| Subtype |
Rev/Appeal Dism No Juris Omnibus
|
| Description |
DISP-REV/APPEAL DISM NO JURIS OMNIBUS ~ This case is hereby dismissed. This Court lacks jurisdiction to review an unelaborated decision from a district court of appeal that is issued without opinion or explanation or that merely cites to an authority that is not a case pending review in, or reversed or quashed by, this Court. See Wheeler v. State, 296 So. 3d 895 (Fla. 2020); Wells v. State, 132 So. 3d 1110 (Fla. 2014); Jackson v. State, 926 So. 2d 1262 (Fla. 2006); Gandy v. State, 846 So. 2d 1141 (Fla. 2003); Stallworth v. Moore, 827 So. 2d 974 (Fla. 2002); Harrison v. Hyster Co., 515 So. 2d 1279 (Fla. 1987); Dodi Publ'g Co. v. Editorial Am. S.A., 385 So. 2d 1369 (Fla. 1980); Jenkins v. State, 385 So. 2d 1356 (Fla. 1980). No motion for rehearing or reinstatement will be entertained by the Court.
|
|
| Docket Date |
2020-11-10
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT) ~ Filed as a "Notice of Appeal" & treated as a Notice - Discretionary Jurisdiction
|
| On Behalf Of |
Guilfort Dieuvil
|
| View |
View File
|
|
| Docket Date |
2020-11-10
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
DM:Case Dismissed
|
|
|
|
LORETTE PIERRE VS WOODSTOCK PROPERTY OWNERS ASSOCIATION, INC., et al.
|
4D2020-2267
|
2020-10-20
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502015CA004426XXXXMB
|
Parties
| Name |
Laura Muniz
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Wallace Rodecker
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
NATIONWIDE INVESTMENT FIRM, CORP.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MAGDADENE DIEUVIL, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Lorette Pierre
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Guilfort Dieuvil
|
| Role |
Appellee
|
| Status |
Dismissed
|
|
| Name |
WOODSTOCK PROPERTY OWNERS ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Frank Wolland, Keith F Backer, Mark G. Keegan, Ryan Aboud, Danielle Riggin
|
|
| Name |
Hon. Glenn Kelley
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-02-11
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-01-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc ~ ORDERED that appellant's December 21, 2021 amended motion for rehearing, rehearing en banc, written opinion, and clarification is denied.
|
|
| Docket Date |
2022-01-20
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-12-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR REHEARING
|
| On Behalf Of |
Woodstock Property Owners Association, Inc.
|
|
| Docket Date |
2021-12-21
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc ~ ***AMENDED*** AND REQUEST FOR WRITTEN OPINION
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2021-12-17
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ AND REQUEST FOR WRITTEN OPINION.
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2021-12-02
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2021-12-02
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that appellee’s May 11, 2021 motion for attorney's fees and costs is denied.
|
|
| Docket Date |
2021-10-18
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Deny Motion to Strike ~ Upon consideration of appellant’s October 14, 2021 response, it is ORDERED that appellee’s September 28, 2021 motion to strike is denied.
|
|
| Docket Date |
2021-10-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO STRIKE
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2021-10-14
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ APPENDIX TO AMENDED REPLY BRIEF
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2021-09-28
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
Woodstock Property Owners Association, Inc.
|
|
| Docket Date |
2021-09-27
|
| Type |
Brief
|
| Subtype |
Amended Reply Brief
|
| Description |
Amended Appellant's Reply Brief
|
| On Behalf Of |
Lorette Pierre
|
|
| Docket Date |
2021-09-24
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Lorette Pierre
|
|
| Docket Date |
2021-09-14
|
| 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 appellant's September 8, 2021 motion for extension of time is granted, and appellant shall serve the reply brief within ten (10) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2021-09-08
|
| 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 |
Lorette Pierre
|
|
| Docket Date |
2021-08-24
|
| 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 appellant's August 16, 2021 motion for extension of time is granted, and appellant shall serve the reply brief within fifteen (15) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2021-08-16
|
| 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 |
Lorette Pierre
|
|
| Docket Date |
2021-07-30
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Woodstock Property Owners Association, Inc.
|
|
| Docket Date |
2021-07-30
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Woodstock Property Owners Association, Inc.
|
|
| Docket Date |
2021-07-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
| Description |
Order Denying Rehearing Interim Order ~ ORDERED that Guilfort Dieuvil and Magdadene Dieuvil’s June 29, 2021 motion for issuance of written opinion is denied.
|
|
| Docket Date |
2021-06-29
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing/Interim Order
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2021-06-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Sanctions
|
| Description |
Order Denying Motion for Sanctions ~ ORDERED that appellant's June 17, 2021 motion for sanctions is denied.
|
|
| Docket Date |
2021-06-22
|
| 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 May 4, 2021 motion for extension of time is granted, and appellee shall serve the answer brief on or before July 31, 2021. 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. Moreover, appellant is advised that she shall provide appellee's counsel with copies of any and all documents filed with the Court and copies of any and all other documents to which appellee may be entitled in the instant proceedings via email at RAboud@BAPFLaw.com on the same day as they are filed.
|
|
| Docket Date |
2021-06-17
|
| Type |
Motions Other
|
| Subtype |
Motion for Sanctions
|
| Description |
Motion for sanctions ~ AND REPLY TO APPELLEE'S RESPONSE TO APPELLANTS'MOTION FOR JUDICIAL DEFAULT AND TOSTRIKE ALL APPELLEES' PLEADINGS
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2021-06-14
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Grant Motion to Strike ~ Upon consideration of appellants' response, it is ORDERED that appellee's May 11, 2021 motion to strike is granted, and all pleadings filed by appellants, Magdaene Dievuil and Gullfort Dievuil are stricken. Further, ORDERED that the above-styled appeal is dismissed as to appellants, Magdaene Dievuil and Gullfort Dievuil. Further, upon consideration of appellee's June 7, 2021 response, it is ORDERED that appellants' June 1, 2021 "motion for judicial default and to strike..." is denied as moot.
|
|
| Docket Date |
2021-06-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Woodstock Property Owners Association, Inc.
|
|
| Docket Date |
2021-06-03
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ **STRICKEN** **PROPOSED** (106 PAGES)
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2021-06-01
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ **STRICKEN** SANCTIONS, SUPPLEMENT AND RESPONSE.
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2021-05-27
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response ~ **STRICKEN**
|
| On Behalf Of |
Woodstock Property Owners Association, Inc.
|
|
| Docket Date |
2021-05-27
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that appellee's May 27, 2021 reply is stricken as unauthorized.
|
|
| Docket Date |
2021-05-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ **STRICKEN**
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2021-05-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellants’ May 20, 2021 motion for extension is granted and the time for filing a response to appellee’s May 4, 2021 motion is extended ten (10) days from the date of this order.
|
|
| Docket Date |
2021-05-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
Lorette Pierre
|
|
| Docket Date |
2021-05-11
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ AND MOTION TO DISMISS.
|
| On Behalf Of |
Woodstock Property Owners Association, Inc.
|
|
| Docket Date |
2021-05-11
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Woodstock Property Owners Association, Inc.
|
|
| Docket Date |
2021-05-06
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellant to File Response ~ ORDERED that appellants are directed to respond, within ten (10) days from the date of this order to appellee’s May 4, 2021 motion for extension of time and to compel service of documents.
|
|
| Docket Date |
2021-05-04
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Woodstock Property Owners Association, Inc.
|
|
| Docket Date |
2021-05-04
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ AND TO COMPEL SERVICE OF DOCUMENTS
|
| On Behalf Of |
Woodstock Property Owners Association, Inc.
|
|
| Docket Date |
2021-04-06
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-Discharging Show Cause ~ ORDERED that, this court's March 5, 2021 order to show cause is discharged.
|
|
| Docket Date |
2021-04-01
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Lorette Pierre
|
|
| Docket Date |
2021-04-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Lorette Pierre
|
|
| Docket Date |
2021-03-22
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellants’ March 19, 2021 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service or the certificate of service does not comply in substance with the requirements of Florida Rule of Judicial Administration 2.516(f).
|
|
| Docket Date |
2021-03-19
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ **STRICKEN**
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2021-03-10
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (314 PAGES)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2021-03-05
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED** ORDERED that appellants in the above-styled case are directed to show cause in writing, if any there be, on or before March 19, 2021, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellants' initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2021-02-25
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the affidavit of inability to transmit the record filed by the clerk of the lower tribunal on February 16, 2021, appellants are ordered to file a report, within ten (10) days from the date of this order, as to the status of the payment for the record on appeal.
|
|
| Docket Date |
2021-02-16
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ INABILITY TO TRANSMIT RECORD ON APPEAL
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2021-01-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that this court’s January 6, 2021 order is discharged. Further,ORDERED that appellants’ January 26, 2021 motion for extension of time is granted, and appellants shall serve the initial brief within thirty (30) 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 may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2021-01-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ **STRICKEN** AND RESPONSE TO L/P ORDER.
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2021-01-06
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED**ORDERED that appellants in the above-styled case are directed to show cause in writing, if any there be, on or before January 19, 2021, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellants' initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2020-11-04
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2020-10-21
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-10-21
|
| 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 |
2020-10-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Lorette Pierre
|
|
| Docket Date |
2020-10-20
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
MAGDADENE DIEUVIL, VS U.S. BANK NATIONAL ASSOCIATION, etc.,
|
3D2019-2457
|
2019-12-19
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
12-25925
|
Parties
| Name |
MAGDADENE DIEUVIL, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
U.S. Bank, N.A.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
EMILY Y. ROTTMANN, KATHLEEN D. DACKIEWICZ, Sara F. Holladay, DAVID M. DILTS
|
|
| Name |
HON. MICHAEL A. HANZMAN
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-03-04
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2020-03-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ MOTION FOR EXTENSION OF TIME TO FILE THE AMENDED BRIEF
|
| On Behalf Of |
MAGDADENE DIEUVIL
|
|
| Docket Date |
2020-04-06
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-04-06
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2020-03-16
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2020-03-16
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Appeal Dismissed by the Court ATFANAO (DA11A) ~ Upon consideration of the appellee’s Motion to Dismiss for Lack of Jurisdiction and the appellant’s pro se Response thereto, it is ordered that the above-styled appeal is hereby dismissed as taken from a non-final, non-appealable order. See Burgos-Vazquez v. JP Morgan Chase Bank, 193 So. 3d 23 (Fla. 4th DCA 2016).
|
|
| Docket Date |
2020-03-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT DEFENDANT'S RESPONSE IN OPPOSITION TO APPELLEE'S MOTION TO DISMISS FOR LACK OF JURISDICTION
|
| On Behalf Of |
MAGDADENE DIEUVIL
|
|
| Docket Date |
2020-03-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Ext-granted to respond to motion (OG01A) ~ Appellant's pro se Motion for Extension of Time to File a response to the Motion to Dismiss is granted to and including five (5) days from the date of this Order.
|
|
| Docket Date |
2020-02-19
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Order Response: Motion (OR23) ~ Appellant is ordered to file a response within ten (10) days from the date of this Order to the appellee's Motion to Dismiss for Lack of Jurisdiction.
|
|
| Docket Date |
2020-01-30
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ APPELLEE'S MOTION TO DISMISS FOR LACK OF JURISDICTION
|
| On Behalf Of |
U.S. Bank, N.A.
|
|
| Docket Date |
2020-01-06
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
U.S. Bank, N.A.
|
|
| Docket Date |
2019-12-31
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
MAGDADENE DIEUVIL
|
|
| Docket Date |
2019-12-30
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF COMPLIANCE WITH FILING FEES
|
| On Behalf Of |
MAGDADENE DIEUVIL
|
|
| Docket Date |
2019-12-20
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/o atty (OR14C) ~ This is to notify Appellant that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court by cash, cashier’s check, money order, or electronically through the Florida Courts E-Filing Portal on or before December 30, 2019, or unless a certified copy of the Application for Determination of Civil Indigent Status in which the lower tribunal clerk has determined the appellant to be indigent is received on or before said date.
|
|
| Docket Date |
2019-12-19
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-12-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. ** The $300 filing fee for a notice of appeal is due.
|
|
| Docket Date |
2019-12-19
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
MAGDADENE DIEUVIL
|
|
|
|
GUILFORT DIEUVIL and MAGDADENE DIEUVIL VS BOYNTON BEACH ASSOCIATES XVI, LLLP, et al.
|
4D2019-2720
|
2019-08-28
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502018CA011203
|
Parties
| Name |
Guilfort Dieuvil
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MAGDADENE DIEUVIL, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Maria N. Menendez
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Itzhak Ezratti
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BOYNTON BEACH ASSOCIATES XVI, LLLP
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Timothy A. Kolaya, Michael B. Stevens, MARK A. SALKY, Claudia Ojeda, Shirley Jean McEachern
|
|
| Name |
George Atkinson
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BOYNTON BEACH XVI CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
G.L. HOMES BUILDING CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
G.L. BUILDING CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Alan J. Fant
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Glenn Kelley
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
FLORIDA SUPREME COURT CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-03-09
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED that appellants’ February 22, 2021 motion for reconsideration of this Court’s October 8, 2020 decision is stricken as unauthorized. This is appellants’ third such motion. “A party shall not file more than 1 motion for rehearing, clarification, certification, or written opinion with respect to a particular order or decision of the court.” Fla. R. App. P. 9.330(b). Accordingly, the Court has not considered the instant motion, nor will it docket future motions for reconsideration of the October 8, 2020 decision.
|
|
| Docket Date |
2021-03-03
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that appellants' March 3, 2021 reply to response is stricken as unauthorized.
|
|
| Docket Date |
2021-03-03
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response ~ **STRICKEN**
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2021-03-03
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ COPY OF THE PROPOSED NON-EXECUTED, NO-AGREED AND UNENFORCEABLE RELEASE OF CLAIMS THROUGH THE MDL ACTION
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2021-02-22
|
| Type |
Motions Other
|
| Subtype |
Motion for Reconsideration/Rehearing of an Order
|
| Description |
Motion For Reconsideration ~ **STRICKEN** RECONSIDERATION MOTION FOR ISSUANCE OF A WRITTEN OPINION ON THIS COURT'S DECISION, AND MOTION FOR THE COURT TO TAKE JUDICIAL NOTICE
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2021-02-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Boynton Beach Associates XVI, LLLP
|
|
| Docket Date |
2021-02-02
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that appellants' January 26, 2021 motion for reconsideration is stricken.
|
|
| Docket Date |
2021-02-01
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellees’ January 29, 2021 response 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 |
2021-02-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ AMENDED RESPONSE TO "APPELLANTS' MOTION FOR RECONSIDERATION FOR ISSUANCE OF WRITTEN EXPLANATION OF THIS COURT DECISION"
|
| On Behalf Of |
Boynton Beach Associates XVI, LLLP
|
|
| Docket Date |
2021-01-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Boynton Beach Associates XVI, LLLP
|
|
| Docket Date |
2021-01-26
|
| Type |
Motions Other
|
| Subtype |
Motion for Reconsideration/Rehearing of an Order
|
| Description |
Motion For Reconsideration ~ **STRICKEN**
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2021-01-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc ~ ORDERED that appellants’ November 30, 2020 amended motion for rehearing en banc or written opinion is denied.
|
|
| Docket Date |
2020-11-30
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc ~ AMENDED MOTION FOR ISSUANCE OF A WRITTEN EXPLANATIONOPINION, AND/OR IN THE ALTERNATIVE MOTION FORREHEARING EN BANC
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2020-11-23
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc ~ **AMENDED MOTION FILED** MOTION FOR ISSUANCE OF A WRITTEN EXPLANATION OPINION,AND/OR IN THE ALTERNATIVE MOTION FOR REHEARING EN BANC
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2020-11-16
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Miscellaneous
|
| Description |
Supreme Court Disposition ~ SC20-1661 DISMISSED
|
|
| Docket Date |
2020-11-10
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice sent to the Supreme Court
|
|
| Docket Date |
2020-11-09
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice of Discretionary Jurisdiction to Supreme Court
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2020-10-30
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-10-30
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-10-08
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2020-10-08
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that appellees’ April 17, 2020 motion for award of appellate attorneys’ fees is granted. On remand, the trial court shall set the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
|
|
| Docket Date |
2020-09-29
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Boynton Beach Associates XVI, LLLP
|
|
| Docket Date |
2020-06-16
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
| Docket Date |
2020-06-15
|
| Type |
Brief
|
| Subtype |
Amended Reply Brief
|
| Description |
Amended Appellant's Reply Brief
|
| On Behalf Of |
Guilfort Dieuvil
|
|
| Docket Date |
2020-06-03
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that appellants' reply brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.210 in that it exceeds fifteen (15) pages. An amended brief in compliance with the rules shall be filed within ten (10) days from the date of this order.
|
|
| Docket Date |
2020-06-02
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ **STRICKEN**
|
| On Behalf Of |
Guilfort Dieuvil
|
|
| Docket Date |
2020-05-26
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Boynton Beach Associates XVI, LLLP
|
|
| Docket Date |
2020-04-17
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Boynton Beach Associates XVI, LLLP
|
|
| Docket Date |
2020-04-17
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Boynton Beach Associates XVI, LLLP
|
|
| Docket Date |
2020-04-17
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Boynton Beach Associates XVI, LLLP
|
|
| Docket Date |
2020-03-16
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 04/17/2020
|
|
| Docket Date |
2020-03-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Boynton Beach Associates XVI, LLLP
|
|
| Docket Date |
2020-02-25
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 2115 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2020-02-24
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ "NOTICE OF COMPLIANCE WITH FILING FEES"
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2020-02-18
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief
|
| On Behalf Of |
Guilfort Dieuvil
|
|
| Docket Date |
2020-02-13
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Notice of Inability to Transmit Record on Appeal filed by the clerk of the lower tribunal on January 8, 2020, appellants are ordered to file a report, within ten (10) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
|
|
| Docket Date |
2020-02-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellants' February 6, 2020 motion for extension of time is granted, and appellants shall file the amended initial brief within seven (7) days from the current due date.
|
|
| Docket Date |
2020-02-06
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO FILE THE AMENDED BRIEF
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2020-01-28
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that the appellants' January 28, 2020 initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.210 in that it exceeds the page limit. An amended brief in compliance with the rules shall be filed within ten (10) days from the date of this order. The time for any responsive briefing shall be tolled until service of this amended brief.
|
|
| Docket Date |
2020-01-27
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ **STRICKEN**
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2020-01-16
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellants in the above-styled case are directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellants’ initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2020-01-08
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF INABILITY TO TRANSMIT RECORD ON APPEAL
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2019-11-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ Upon consideration of appellants’ November 18, 2019 response, this court’s November 8, 2019 order to show cause is discharged. Further,ORDERED that the motion for extension of time, contained in the response, is granted, and appellants shall serve the initial brief within forty-five (45) 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 may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2019-11-18
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ AND TO SHOW CAUSE
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2019-11-08
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED**ORDERED that appellants in the above-styled case are directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellants' initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2019-10-18
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Boynton Beach Associates XVI, LLLP
|
|
| Docket Date |
2019-09-09
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Magdadene Dieuvil
|
|
| Docket Date |
2019-08-29
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-08-29
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se 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, 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 the entry 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.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the Clerk of the Circuit Court within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The Clerk of the Circuit Court shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**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 |
2019-08-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-08-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Guilfort Dieuvil
|
|
|
|
GUILFORT DIEUVIL VS WILMINGTON SAVINGS FUND SOCIETY ETC., et al.
|
4D2019-1405
|
2019-05-16
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Indian River County
2018CA000384
|
Parties
| Name |
Guilfort Dieuvil
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FALCON TRACE HOMEOWNERS ASSOC. INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Wilmington Savings Fund Society, etc.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
GILBERT GARCIA GROUP, P.A.
|
|
| Name |
UNKNOWN TENANT IN POSSESSION 1
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MAGDADENE DIEUVIL, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Clebene Casimir
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
D. John Rhodeback
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Janet C. Croom
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Indian River
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-06-05
|
| 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 |
2019-06-05
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2019-05-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-05-17
|
| 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 |
2019-05-16
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
DM:No Fee - Case Dismissed
|
|
| Docket Date |
2019-05-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Guilfort Dieuvil
|
|
|
