| Classification |
NOA Non Final - Circuit Civil - Foreclosure
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
17-7669
|
Parties
| Name |
Jack Kachkar
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
U.S. Bank, N.A.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Dorrella L Gallaway
|
|
| Name |
Viktoria Benkovitch
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
KESSRA CAPITAL LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Barbara Areces
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-09-05
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-09-05
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp. w/o Mandate
|
|
| Docket Date |
2023-12-18
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Cases: 23-2233, 23-2216, 23-1477, 23-1476, 19-1961, 19-929, 18-2370, 18-2122
|
| On Behalf Of |
Jack Kachkar
|
|
| Docket Date |
2024-07-11
|
| Type |
Motions Other
|
| Subtype |
Motion for Reconsideration/Rehearing of an Order
|
| Description |
Motion for Rehearing of an Order
|
| On Behalf Of |
U.S. Bank, N.A.
|
| View |
View File
|
|
| Docket Date |
2024-07-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Pro se Appellant's Verified Third Motion for an Enlargement of
Time to File Initial Brief is hereby granted to and including July 19, 2024.
Multiple extensions of time for the same filing are discouraged. Absent
extenuating circumstances, subsequent requests may be denied.
|
| View |
View File
|
|
| Docket Date |
2024-07-09
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
| On Behalf Of |
Jack Kachkar
|
| View |
View File
|
|
| Docket Date |
2024-06-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Pro se Appellant's Second Motion for Extension of Time to File
the initial brief is hereby granted to and including July 1, 2024. Multiple
extensions of time for the same filing are discouraged. Absent extenuating
circumstances, subsequent requests may be denied.
|
| View |
View File
|
|
| Docket Date |
2024-06-05
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
| On Behalf Of |
Jack Kachkar
|
| View |
View File
|
|
| Docket Date |
2024-04-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Pro se Appellant's Motion for Enlargement of Time to File Initial
Brief is hereby granted to and including thirty (30) days from the date of this
Order. Multiple extensions of time for the same filing are discouraged. Absent
extenuating circumstances, subsequent requests may be denied.
|
| View |
View File
|
|
| Docket Date |
2024-04-25
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
| On Behalf Of |
Jack Kachkar
|
|
| Docket Date |
2024-04-25
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Related Case or Issue
|
| On Behalf Of |
Jack Kachkar
|
|
| Docket Date |
2024-03-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Corrected Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-03-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to the Court's March 4,2024. Explaining why his IB is Not yet Due.
|
| On Behalf Of |
Jack Kachkar
|
|
| Docket Date |
2024-03-04
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Pursuant to the time schedule provided in the Florida Rules of Appellate Procedure, the time for filing the initial brief has expired. This cause will be subject to dismissal unless the document referred to is filed within ten (10) days from the date of this Order, or within said time the Court is otherwise notified that this matter is being diligently prosecuted.
|
| View |
View File
|
|
| Docket Date |
2024-02-28
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2024-02-05
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
U.S. Bank, N.A.
|
|
| Docket Date |
2023-12-27
|
| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
| View |
View File
|
|
| Docket Date |
2023-12-18
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
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 28, 2023, 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.
|
| View |
View File
|
|
| Docket Date |
2023-12-18
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-08-16
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Upon the Court's own motion, it is ordered that the above-styled appeal is hereby dismissed for failure to file the initial brief.
FERNANDEZ, LINDSEY and MILLER, JJ., concur.
|
| View |
View File
|
|
| Docket Date |
2024-07-30
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
If pro se Appellant's Initial Brief is not filed within ten (10) days of the date of this Order, this Court shall, sua sponte, dismiss the appeal. No further extensions of time will be allowed.
Appellee U.S. Bank National Association's Motion for Rehearing is denied as moot.
|
| View |
View File
|
|
| Docket Date |
2024-03-21
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Upon consideration of pro se Appellant's Response to this
Court's March 4, 2024, Order, pro se Appellant shall file the initial brief within
thirty (30) days from the date of this Order. Pro se Appellant appeals a
November 17, 2023, non-final order, which followed the entry of a final
judgment and voluntary dismissal of the appellant/defendant. As such, the
motion for rehearing does not toll rendition of the order. See Fla. R. App. P.
9.020(h)(2) (detailing the effects of motions tolling rendition on final orders);
LaCarrere v. Reilly, 987 So. 2d 816 (Mem) (Fla. 3d DCA 2008) ("Unlike
authorized and timely motions directed to a final order, however, motions for
reconsideration or rehearing of non-final orders are unauthorized and,
therefore, do not toll the thirty-day time limit for filing the notice of appeal.").
|
| View |
View File
|
|
|
| Classification |
Original Proceedings - Circuit Civil - Mandamus
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
17-7669
|
Parties
| Name |
Jack Kachkar
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
U.S. Bank, N.A.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Ileen Jill Cantor, Dorrella Gallaway
|
|
| Name |
Viktoria Benkovitch
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
KESSRA CAPITAL LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Barbara Areces
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-05-01
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Order
|
| Description |
Supreme Court Order
|
| View |
View File
|
|
| Docket Date |
2024-04-30
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice to Invok. Disc. Jur. FSC
|
| On Behalf Of |
Jack Kachkar
|
| View |
View File
|
|
| Docket Date |
2024-04-17
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-04-17
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp. w/o Mandate
|
|
| Docket Date |
2024-03-15
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
Petitioner Jack Kachkar's Reply to Respondent U.S. Bank's March 4, 2024 Response to His December 14, 2023, Petition
|
| On Behalf Of |
Jack Kachkar
|
| View |
View File
|
|
| Docket Date |
2024-03-05
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
Response to Jack Khachkar's Petition U.S. Bank National Association
|
| On Behalf Of |
U.S. Bank, N.A.
|
| View |
View File
|
|
| Docket Date |
2024-03-04
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Upon consideration, pro se Petitioner's Motion for Clarification to this Court's February 8, 2024, Order and Motion for Stay is hereby denied.
LOGUE, C.J., and EMAS and BOKOR, JJ., concur.
|
| View |
View File
|
|
| Docket Date |
2024-02-22
|
| Type |
Motions Other
|
| Subtype |
Motion for Clarification of Order
|
| Description |
Petitioner Motion for Clarification Pursuant to this Court's February 8, 2024 Order; And Motion for Stay of Execution of Already Issued Writ of Possession Pending Resolution of his Petition
|
| On Behalf Of |
Jack Kachkar
|
| View |
View File
|
|
| Docket Date |
2024-02-08
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Pro se Petitioner's Response in Opposition to Respondent's Motion for Enlargement of Time to File Response is noted. Respondent's Motion for Enlargement of Time to File Response is granted. The response is due on or before March 4, 2024, with no further extensions allowed. Upon consideration, pro se Petitioner's Emergency Motion, filed on February 4, 2024, is hereby denied.
|
| View |
View File
|
|
| Docket Date |
2024-02-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Petitioner Response in Opposition to Respondent's Motion for Extension of Time to File Response to his Pending Petition, and Pursuant to the Court's December 29, 2023 Order
|
| On Behalf Of |
Jack Kachkar
|
| View |
View File
|
|
| Docket Date |
2024-02-05
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
U.S. Bank, N.A.
|
| View |
View File
|
|
| Docket Date |
2024-02-02
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
U.S. Bank, N.A.
|
| View |
View File
|
|
| Docket Date |
2024-01-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to the Court's December 29, 2023 Order, Respondent's Answer to Appellant Petition
|
| On Behalf Of |
Viktoria Benkovitch
|
| View |
View File
|
|
| Docket Date |
2023-12-29
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Respondents are ordered to file a response, within thirty (30)
days from the date of this Order to the pro se "Petition for, Respectively, Writ
of Mandamus and a Writ of Prohibition, and Request for an Order to Show
Cause and/or Petition for Certiorari Review; or, in the Alternative, Motion for
Stay Pending Appeal." Pro se Petitioner may, but is not required to, file a
reply within ten (10) days of the filing of the response.
Order to File Response
|
| View |
View File
|
|
| Docket Date |
2023-12-18
|
| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Receipt for filing fee paid by check
|
| View |
View File
|
|
| Docket Date |
2023-12-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment of a New Case Letter. The 3DCA $300 filing fee for a petition is due.
|
| View |
View File
|
|
| Docket Date |
2023-12-15
|
| Type |
Petition
|
| Subtype |
Petition Mandamus
|
| Description |
Pro Se Petitioner Jack Kachkar's Petition for, respectively, a Writ of Mandamus and a Writ of Prohibition, and request for an order to show cause and/or Petition for Certiorari Review; or, in the alternative, Motion for Stay Pending Appeal
Related cases: 23-1477, 23-1476, 19-1961, 19-929, 18-2370, 18-2122
|
| On Behalf Of |
Jack Kachkar
|
| View |
View File
|
|
| Docket Date |
2024-03-28
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Respondents' Responses and pro se Petitioner's Reply are noted.
Upon consideration, pro se Petitioner Jack Kachkar's Petition for Writ of Mandamus or other relief is denied.
LOGUE, C.J., and EMAS and BOKOR, JJ., concur.
|
| View |
View File
|
|
| Docket Date |
2024-02-05
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Pursuant to Jack Kachkar's pending Petition and the Relief(s) requested therein, and as a Result of Plaintiff/Respondent's just filed January25, 2024 'Purchaser's verified Motion for Writ of Possession and Accompanying Unilaterally Scheduled Hearing for February 8, 2024 seeking such Writ of Possession in the underlying Action, Petitioner Emergency Motion for an Immediate Issuance of a Writ of Prohibition and/or for an Immediate Order to Show Cause; or, in the Alternative, and Emergency Motion for Immediate Issuance of a Stay in the Underlying Action Pending Resolution of his Pending Petition, or as may be Determined by this Court, His pending Appeal
|
| On Behalf Of |
Jack Kachkar
|
| View |
View File
|
|
| Docket Date |
2023-12-15
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
This is to notify petitioner that the filing and prosecution of a petition in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this petition 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 25, 2023, or unless a certified copy of the application for determination of civil indigent status in which the lower tribunal clerk has determined the petitioner to be indigent is received on or before said date.
|
| View |
View File
|
|
|
