|
SKENDER HOTI and BEBA HOTI VS US BANK, N.A.
|
4D2021-0893
|
2021-02-23
|
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
502015CA013534
|
Parties
| Name |
SKENDER HOTI, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Oscar Syger
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Beba Hoti
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
US Bank, N.A.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Adam Grant Schwartz
|
|
| Name |
Hon. Paige Hardy Gillman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-03-01
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2022-02-01
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that appellants are directed to file a status report, within ten (10) days from the date of this order, as to why this appeal should proceed in light of the order on relinquishment.
|
|
| Docket Date |
2022-01-10
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing
|
| On Behalf Of |
US Bank, N.A.
|
|
| Docket Date |
2021-12-16
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
|
| On Behalf Of |
US Bank, N.A.
|
|
| Docket Date |
2021-12-13
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-Discharging Show Cause ~ ORDERED that this court’s June 9, 2021 order to show cause is discharged.
|
|
| Docket Date |
2021-12-01
|
| Type |
Order
|
| Subtype |
Order re Stay
|
| Description |
Stay is lifted, case to proceed ~ ORDERED that the stay entered on July 22, 2021, is lifted and the above-styled appeal shall proceed; further,ORDERED that this court’s September 20, 2021 order is vacated. Further, ORDERED that the September 17, 2021 motion of Oscar Syger, Esquire, counsel for appellants, to withdraw as counsel is granted. Accordingly, it isORDERED that all pleadings shall be sent to appellants at the address appearing below; Skender HotiBabiHoti3103 Drew WayPalm Springs, Fl 33406561-385-6390Further,ORDERED that appellants shall serve the initial brief within twenty (20) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal, or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2021-11-29
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ **AND** MOTION FOR EXTENSION OF TIME
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2021-11-15
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that appellants are directed to file a status report within ten (10) days from the date of this order regarding bankruptcy proceedings.
|
|
| Docket Date |
2021-10-22
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that appellants are directed to file a status report within ten (10) days from the date of this order regarding bankruptcy proceedings.
|
|
| Docket Date |
2021-09-20
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that Oscar Syger, Esquire's September 17, 2021 motion to withdraw is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2021-09-17
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2021-07-26
|
| Type |
Order
|
| Subtype |
Order on Motion For Substitution of Counsel
|
| Description |
ORD-Grant Substitution of Counsel ~ ORDERED that appellants’ July 23, 2021 motion for substitution of counsel is granted. Oscar Syger, Esquire is substituted for Arthur J. Morburger as counsel for appellants in the above-styled cause.
|
|
| Docket Date |
2021-07-22
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion For Substitution of Counsel
|
| Description |
Motion For Substitution of Counsel
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2021-07-22
|
| Type |
Order
|
| Subtype |
Order Bankruptcy
|
| Description |
ORD-Case Stayed Pending Bankruptcy ~ A suggestion of bankruptcy having been filed, and it appearing that no cause exists as to why the entire above-styled appeal should not be stayed by virtue of 11 U.S.C. § 362, it is ORDERED that:This appeal is stayed. If the bankruptcy case becomes closed, dismissed, or modified to permit this appeal to proceed, then appellants shall promptly, and in no event later than twenty (20) days after the event has occurred, notify this court in writing that this appeal may proceed.Unless this appeal is voluntarily dismissed, appellants, within ninety (90) days from the date of this order, and then every ninety (90) days thereafter, shall notify this court as to the status of the bankruptcy case.
|
|
| Docket Date |
2021-06-23
|
| Type |
Order
|
| Subtype |
Show Cause re Bankruptcy
|
| Description |
Order on Suggestion of Bankruptcy ~ A suggestion of bankruptcy having been filed, it isORDERED that all parties shall show cause in writing, if any there be, within twenty (20) days from the date of this order, why the entire above-styled appeal should not be stayed by virtue of 11 U.S.C. § 362. If a party believes that no such cause exists, that party need not file a response.
|
|
| Docket Date |
2021-06-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2021-06-22
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellants’ June 21, 2021 response 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 |
2021-06-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ ***STRICKEN***
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2021-05-13
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 1221 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2021-03-22
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion ~ Upon consideration of appellee's March 16, 2021 response, it is ORDERED that appellants' March 9, 2021 motion to expedite is denied.
|
|
| Docket Date |
2021-03-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
US Bank, N.A.
|
|
| Docket Date |
2021-03-11
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellee is directed to respond, within ten (10) days from the date of this order, to appellants’ March 9, 2021 “notice of filing and motion to expedited record”.
|
|
| Docket Date |
2021-03-11
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
US Bank, N.A.
|
|
| Docket Date |
2021-03-09
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO EXPEDITE RECORD *AND* NOTICE OF FILING
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2021-03-08
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ ***STRICKEN 03/9/21***TO EXPEDITE RECORD *AND* NOTICE OF FILING
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2021-03-01
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2021-02-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-02-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2021-02-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-03-01
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissal ~ ORDERED that, in light of the circuit court's December 22, 2021 order, this appeal is dismissed. See Shields v. Flinn, 528 So. 2d 967, 968 (Fla. 3d DCA 1988) ("Where a judgment is vacated or set aside, it is as though no judgment had ever been entered.").WARNER, LEVINE and KLINGENSMITH, JJ., concur.
|
|
| Docket Date |
2021-12-20
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Order Granting Relinquishment of Jurisdiction ~ ORDERED that appellee’s December 16, 2021 motion to relinquish jurisdiction is granted. Jurisdiction is relinquished to the trial court for the limited purpose of entering an order as to the motion to vacate final judgment. Appellee shall forward to this court a copy of any order issued during relinquishment. It is further ORDERED that appellee shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellee to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
| Docket Date |
2021-06-09
|
| 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 June 21, 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.
|
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| Docket Date |
2021-03-09
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellants’ March 8, 2021 notice and motion to expedite record is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2021-02-24
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~
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|
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SKENDER HOTI and BEBA HOTI VS U.S. BANK N.A., BARKLEY MASTER ASSOCIATION, INC. and DAID GARTEN
|
4D2020-1812
|
2020-08-14
|
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
502018CA012833XXXMB
|
Parties
| Name |
Beba Hoti
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
SKENDER HOTI, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Arthur Joseph Morburger
|
|
| Name |
BARKLEY MASTER ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
U.S. Bank N.A.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jennifer M. Scott, Richard Slaughter McIver, Deborach P. Fitzgerald, Candice Joy Hart, Debra P. Rochlin
|
|
| Name |
Daid Garten
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Lisa S. Small
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-12-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO MOTION TO REINSTATE APPEAL
|
| On Behalf Of |
U.S. Bank N.A.
|
|
| Docket Date |
2020-12-14
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2020-11-13
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2020-11-13
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-Lack of Prosecution ~ ORDERED sua sponte that the above-styled case is dismissed for lack of prosecution.
|
|
| Docket Date |
2020-12-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
Deny Motion to Reinstate ~ Upon consideration of appellees' December 18, 2020 response, it is ORDERED that appellants' December 14, 2020 motion for reinstatement is denied.
|
|
| Docket Date |
2020-08-19
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2020-08-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
U.S. Bank N.A.
|
|
| Docket Date |
2020-08-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-08-14
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2020-08-14
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-10-28
|
| 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.
|
|
| Docket Date |
2020-08-17
|
| 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.
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SKENDER HOTI and BEBA HOTI VS BANK OF AMERICA, N.A., et al.
|
4D2020-0701
|
2020-03-11
|
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
502015CA013397
|
Parties
| Name |
SKENDER HOTI, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Arthur Joseph Morburger
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Beba Hoti
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Lynn M. Dorencamp
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Bank of America, N.A.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Mary Josephine Walter, Ariel Acevedo, Stuart Alan Young
|
|
| 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 |
2020-08-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2021-07-02
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-07-02
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-06-10
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2021-01-21
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Bank of America, N.A.
|
|
| Docket Date |
2021-01-14
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Grant Clarification ~ ORDERED that appellees’ January 13, 2021 motion for clarification is granted. Further, ORDERED that this court’s January 13, 2021 order is amended as follows: ORDERED that appellees’ January 5, 2021 motion for extension of time is granted in part, and appellees shall serve the answer brief within ten (10) days from the date of this order. In addition, appellees are notified that the failure to serve the brief within the time provided herein will foreclose appellees’ right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellees are advised that no further extensions will be granted absent a detailed explanation for why the answer 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.
|
|
| Docket Date |
2021-01-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORD-Answer Brief to be Served ~ ORDERED that appellees’ January 5, 2021 motion for extension of time is granted in part, and appellees shall serve the answer brief within ten (10) days from the current due date. In addition, appellees are notified that the failure to serve the brief within the time provided herein will foreclose appellees’ right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellees are advised that no further extensions will be granted absent a detailed explanation for why the answer 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.
|
|
| Docket Date |
2021-01-13
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion for Clarification
|
| On Behalf Of |
Bank of America, N.A.
|
|
| Docket Date |
2021-01-05
|
| 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 |
Bank of America, N.A.
|
|
| Docket Date |
2020-11-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee Bank of America, N.A.'s November 6, 2020 motion for extension of time is granted, and appellee shall serve the answer brief within sixty (60) days from the current due date. 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 |
2020-11-06
|
| 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 |
Bank of America, N.A.
|
|
| Docket Date |
2020-10-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee Bank of America, N.A.'s October 7, 2020 motion for extension of time is granted, and appellee shall serve the answer brief within thirty (30) days from the current due date. 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 |
2020-10-07
|
| 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 |
Bank of America, N.A.
|
|
| Docket Date |
2020-09-08
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2020-08-17
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 768 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2020-08-04
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ ORDERED that the clerk of the lower tribunal is directed to respond, within five (5) days from the date of this order, to appellants’ August 3, 2020 status report.
|
|
| Docket Date |
2020-08-03
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2020-07-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
ORD-Reinstatement ~ ORDERED that the appellants’ June 11, 2020 motion for reinstatement is granted, and the above–styled appeal is reinstated.
|
|
| Docket Date |
2020-06-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANTS' MOTION TO REINSTATE APPEAL
|
| On Behalf Of |
Bank of America, N.A.
|
|
| Docket Date |
2020-06-11
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2020-06-01
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant's June 1, 2020 motion 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 |
2020-06-01
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement ~ **STRICKEN**
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2020-05-26
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2020-05-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
Deny Motion to Reinstate ~ ORDERED that appellants' May 1, 2020 motion to reinstate appeal is denied without prejudice to refile once the $300 filing fee has been paid.
|
|
| Docket Date |
2020-05-01
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2020-05-01
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellants’ April 30, 2020 motion to reinstate appeal 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 |
2020-04-30
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement ~ **STRICKEN**
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2020-04-21
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2020-04-21
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ **REINSTATED 07/02/2020** ORDERED sua sponte that the above-styled appeal is dismissed for non-payment of the $300.00 filing fee.
|
|
| Docket Date |
2020-03-19
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ ORDER DENYING DEFENDANTS' AMENDED MOTION FOR REHEARING
|
| On Behalf Of |
Bank of America, N.A.
|
|
| Docket Date |
2020-03-16
|
| Type |
Order
|
| Subtype |
Order re Stay
|
| Description |
ORD-Case Stayed ~ This court notes that a motion for rehearing is pending in the trial court. ORDERED that the above-styled case is stayed until the trial court disposes of the motion for rehearing and appellant files a copy of the order in this court. On that date, the stay will be automatically lifted, and the briefing schedule shall run from that date. See Fla. R. App. P. 9.020(h)(2)(C). If the trial court has not entered an order disposing of the motion within thirty (30) days from the date of this order, appellants shall file a status report with this court as to the progress being made towards disposition of the motion.
|
|
| Docket Date |
2020-03-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-03-12
|
| 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 |
2020-03-11
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2020-03-11
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
SKENDER HOTI and BEBA HOTI VS U.S. BANK, N.A.
|
4D2020-0289
|
2020-01-30
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502015CA013534
|
Parties
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
SKENDER HOTI, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Arthur Joseph Morburger
|
|
| Name |
Beba Hoti
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Hon. John S. Kastrenakes
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
U.S. Bank, N.A.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Adam Grant Schwartz, Sasha Haro
|
|
Docket Entries
| Docket Date |
2021-12-16
|
| Type |
Motions Other
|
| Subtype |
Motion to Withdraw Filing
|
| Description |
Motion To Withdraw Pleadings
|
| On Behalf Of |
U.S. Bank, N.A.
|
|
| Docket Date |
2021-12-14
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction ~ ***WITHDRAWN 12/16/21***
|
| On Behalf Of |
U.S. Bank, N.A.
|
|
| Docket Date |
2020-08-10
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-06-09
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2020-06-09
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissal ~ ORDERED sua sponte that the above–styled appeal is dismissed.WARNER, KLINGENSMITH and KUNTZ, JJ., concur.
|
|
| Docket Date |
2020-06-05
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2020-06-04
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant's June 3, 2020 notice of filing 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 |
2020-05-06
|
| Type |
Opinion
|
| Subtype |
Non-dispositive
|
| Description |
Non-dispositive - Authored Opinion ~ ON MOTION TO RELINQUISH JURISDICTION
|
|
| Docket Date |
2020-03-31
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellants' March 30, 2020 response 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 |
2020-03-31
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO RELINQUISH
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2020-03-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ ***STRICKEN***
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2020-03-18
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO RELINQUISH
|
| On Behalf Of |
U.S. Bank, N.A.
|
|
| Docket Date |
2020-03-18
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
|
| On Behalf Of |
U.S. Bank, N.A.
|
|
| Docket Date |
2020-02-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
ORD-Reinstatement ~ ORDERED that appellants' February 25, 2020 motion for rehearing is treated as a motion for reinstatement and is granted. The above-styled appeal is reinstated.
|
|
| Docket Date |
2020-02-25
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2020-02-20
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2020-02-20
|
| 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 |
2020-02-07
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
U.S. Bank, N.A.
|
|
| Docket Date |
2020-01-31
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-01-30
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2020-01-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2021-12-16
|
| Type |
Order
|
| Subtype |
Order on Motion to Withdraw Filing
|
| Description |
ORD-To Withdraw Pleadings ~ ORDERED that appellee's December 16, 2021 notice of withdrawal of court filings is treated as a motion to withdraw appellee’s December 14, 2021 motion to relinquish jurisdiction and amended motion to relinquish jurisdiction and is granted. Appellee’s December 14, 2021 motion to relinquish jurisdiction and amended motion to relinquish jurisdiction are considered withdrawn.
|
|
| Docket Date |
2020-06-03
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ ***STRICKEN ***
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2020-05-06
|
| Type |
Disposition by Opinion
|
| Subtype |
Granted in Part/Denied in Part
|
| Description |
Opinion Disposing of a Motion (See Opinion)
|
|
| Docket Date |
2020-01-31
|
| Type |
Order
|
| Subtype |
Order Reclassifying Case
|
| Description |
ORD-Final Appeal Treated as Non-Final ~ ORDERED sua sponte that the court determines that this appeal seeks review of a non-final order, rather than a final order. Fla. R. App. P. 9.130(a)(5). Appellant shall serve an initial brief and an accompanying appendix within fifteen (15) days from the date of this order. See Florida Rule of Appellate Procedure 9.130(e), 9.220. The clerk of the lower tribunal shall not transmit a record on appeal unless ordered by this court.
|
|
|
|
SKENDER HOTI and BEBA HOTI VS BARKLEY MASTER ASSOCIATION, INC.
|
4D2019-2516
|
2019-08-08
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502015CA006058
|
Parties
| Name |
SKENDER HOTI, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Arthur Joseph Morburger
|
|
| Name |
Beba Hoti
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
BARKLEY MASTER ASSOCIATION, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Deborach P. Fitzgerald, Scott A. Stoloff, Jacob Bair
|
|
| Name |
Hon. Cymonie Rowe
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-08-19
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2019-08-19
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Prohib. ~ ORDERED that the August 8, 2019 petition for writ of prohibition is denied.WARNER, MAY and KUNTZ, JJ., concur.
|
|
| Docket Date |
2019-08-14
|
| Type |
Order
|
| Subtype |
Order on Request for Emergency Treatment
|
| Description |
Denying Request for Emergency Treatment ~ ORDERED that the petitioners' August 13, 2019 “motion for emergency treatment of petition” is denied. The court will handle the filing in the normal course of business. No motion for rehearing as to this order will be entertained.
|
|
| Docket Date |
2019-08-13
|
| Type |
Motions Other
|
| Subtype |
Request for Emergency Treatment
|
| Description |
Request for Emergency Treatment
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2019-08-12
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2019-08-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Prohibition / Acknowledgment letter
|
|
| Docket Date |
2019-08-08
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ **FILING FEE PAID THROUGH PORTAL**
|
|
| Docket Date |
2019-08-08
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
|
| Docket Date |
2019-08-08
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition ~ **FILING FEE PAID THROUGH PORTAL**
|
| On Behalf Of |
Skender Hoti
|
|
|
|
SKENDER HOTI and BEBA HOTI VS BARKLEY MASTER ASSOCIATION, INC.
|
4D2019-1963
|
2019-06-24
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502015CA006058
|
Parties
| Name |
Beba Hoti
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
SKENDER HOTI, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Arthur Joseph Morburger
|
|
| Name |
BARKLEY MASTER ASSOCIATION, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Scott A. Stoloff, Deborach P. Fitzgerald, Jacob Bair, Jacob A. Brainard
|
|
| Name |
Hon. Cymonie Rowe
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-07-23
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2019-07-23
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order-Original Proceeding Dismissed ~ ORDERED that this case is dismissed for failure to comply with this Court's July 3, 2019 order.WARNER, CONNER and FORST, JJ., concur.
|
|
| Docket Date |
2019-07-03
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that the petition for writ of prohibition and appendix that were filed as a single PDF document on June 24, 2019 are stricken. Within five (5) days of this order, Petitioner shall file a petition and appendix in separate PDF documents that are properly formatted in full compliance with the rules of appellate procedure. See Fla. R. App. P. 9.220(c). Failure to timely comply with this order will result in dismissal of this proceeding.
|
|
| Docket Date |
2019-07-01
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Barkley Master Association, Inc.
|
|
| Docket Date |
2019-06-25
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED that the document filed by Petitioner on June 24, 2019 titled “Petition for Emergency Ruling” is stricken as unauthorized.
|
|
| Docket Date |
2019-06-24
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-06-24
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition ~ **STRICKEN** ***FILING FEE PAID THROUGH PORTAL***
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2019-06-24
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Emergency Motion ~ **STRICKEN** ***FILING FEE PAID THROUGH PORTAL***
|
|
| Docket Date |
2019-06-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Prohibition / Acknowledgment letter
|
|
|
|
SKENDER HOTI and BEBA HOTI VS U.S. BANK, N.A., BARKLEY MASTER ASSOCIATION, INC. and DAID GARTEN
|
4D2019-0837
|
2019-03-25
|
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
502018CA012833
|
Parties
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Beba Hoti
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
SKENDER HOTI, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Arthur Joseph Morburger
|
|
| Name |
BARKLEY MASTER ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Daid Garten
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. HOWARD H. HARRISON
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
U.S. Bank, N.A.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Deborach P. Fitzgerald, LAW OFFICES OF DEBRA P. ROCHLIN, P.A., H. Michael Muniz, Nicholas Roefaro, Richard Slaughter McIver
|
|
Docket Entries
| Docket Date |
2019-11-22
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2019-11-22
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2019-10-31
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2019-10-31
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that the appellee, U.S. Bank National Association, Not In Its Individual Capacity But Solely As Trustee For The RMAC Trust, Series 2016-CTT's July 30, 2019 motion for appellate attorney's 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 |
2019-09-18
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2019-09-06
|
| 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 appellants’ September 5, 2019 motion for extension of time is granted, and appellants may serve the reply brief on or before September 19, 2019. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2019-09-05
|
| 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 |
Skender Hoti
|
|
| Docket Date |
2019-07-30
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
U.S. Bank, N.A.
|
|
| Docket Date |
2019-07-30
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
U.S. Bank, N.A.
|
|
| Docket Date |
2019-07-30
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
U.S. Bank, N.A.
|
|
| Docket Date |
2019-07-03
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2019-06-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's June 3, 2019 motion for extension of time is granted, and appellant shall serve the initial brief on or before July 3, 2019. 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 |
2019-03-29
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
U.S. Bank, N.A.
|
|
| Docket Date |
2019-03-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-05-14
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (231 PAGES)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2019-03-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2019-03-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-06-03
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2019-04-05
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2019-03-26
|
| 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.
|
|
|
|
SKENDER HOTI a/k/a KENNETH BATSON VS DAVID M. GARTEN
|
4D2017-2078
|
2017-07-05
|
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
502012CA011639XXXXMB
|
Parties
| Name |
SKENDER HOTI, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
David M. Garten
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
WALTON LANTAFF SCHROEDER & CARSON, LLP, Deborach P. Fitzgerald, KELLY M. VOGT
|
|
| Name |
Hon. Jeffrey Dana Gillen
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-08-10
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2017-08-10
|
| 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 nonpayment of the $300.00 filing fee.
|
|
| Docket Date |
2017-07-07
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
David M. Garten
|
|
| Docket Date |
2017-07-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2017-07-06
|
| 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. 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 |
2017-07-05
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2017-07-05
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
DM:No Fee - Case Dismissed
|
|
|
|
SKENDER HOTI VS U.S. BANK N.A., NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS LEGAL TITLE TRUSTEE FOR BCAT 2016-18TT
|
4D2017-1635
|
2017-06-02
|
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
502015CA013534XXXXMB
|
Parties
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
SKENDER HOTI, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Bank of America, N.A.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Sasha Haro, Robert B. Cook, MICHELLE A. DELEON, Sonia Henriques McDowell
|
|
| Name |
U.S. BANK N.A., NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS LEGAL TITLE TRUSTEE FOR BCAT 2016-18TT
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. JAMES T FERRARA
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-07-13
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Granting Aplee's Motion to Dismiss ~ ORDERED that appellee's June 16, 2017 motion to amend case style is granted, and the case style is amended to reflect U.S. BANK N.A., NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS LEGAL TITLE TRUSTEE FOR BCAT 2016-18TT as the appellee. Further, ORDERED that appellee's June 16, 2017 motion to dismiss is granted, and this appeal is dismissed. Further, ORDERED that appellee's June 16, 2017 motion for attorneys' 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. The motion for costs is denied without prejudice to seek costs in the trial court.GROSS, MAY and FORST, JJ., concur..
|
|
| Docket Date |
2017-07-13
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2017-06-25
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
|
| Docket Date |
2017-06-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant's June 20, 2017 motion for extension of time is granted, and appellant shall respond to this court's jurisdictional order by June 26, 2017.
|
|
| Docket Date |
2017-06-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO RESPOND TO COURT'S ORDER
|
|
| Docket Date |
2017-06-16
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ AND COSTS
|
| On Behalf Of |
Bank of America, N.A.
|
|
| Docket Date |
2017-06-16
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ NOTICE OF INQUIRY AND REQUEST FOR DISMISSAL
|
| On Behalf Of |
Bank of America, N.A.
|
|
| Docket Date |
2017-06-07
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ AND NOTICE OF IMPROPER CASE STYLE
|
| On Behalf Of |
Bank of America, N.A.
|
|
| Docket Date |
2017-06-05
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that within ten (10) days from the date of this order appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the order granting substitution is an appealable order. See Gomez v. Fradin, 199 So. 3d 554 (Fla. 4th DCA 2016) (This Honorable Court issued a per curiam decision that dismissed an appeal of a trial court’s order that denied a motion to substitute parties, noting that an “…order merely denying substitution is a non-final, non-appealable order…”); See Goldberger v. Roehner, 401 So. 2d 897 (Fla. 4th DCA 1981) (finding no jurisdiction to hear appeal from order substituting party plaintiff; declining to grant writ of certiorari due to adequate remedy on plenary appeal). FurtherAppellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2017-06-05
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2017-06-02
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2017-06-02
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
SKENDER HOTI VS BANK OF AMERICA, N.A. and FATON KURTI
|
4D2017-0650
|
2017-03-03
|
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
502015CA011261XXXXMB
|
Parties
| Name |
SKENDER HOTI, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FATON KURTI
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Bank of America, N.A.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Thomas Hugh Dougherty, Bart T. Heffernan, Juan G. Mejia, Matthew Slowik, Robert B. Cook
|
|
| Name |
Hon. Janis Brustares Keyser
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-04-10
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2017-03-28
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Bank of America, N.A.
|
|
| Docket Date |
2017-04-10
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed-Failure to Comply ~ ORDERED sua sponte that the above-styled appeal is dismissed for failure to comply with this court's March 6, 2017 orders.
|
|
| Docket Date |
2017-03-06
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that within ten (10) days from the date of this order appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how appellant Skender Hoti has standing to bring this appeal on behalf of defendant Faton Kurti, particularly since this court dismissed case number 4D16-3427, which arose from the same circuit court case, for lack of standing. (See this court’s December 30, 2016 and February 3, 2017 orders in case number 4D16-3427; furtherAppellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2017-03-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2017-03-03
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2017-03-03
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
DM:No Fee - Case Dismissed
|
|
|
|
SKENDER HOTI VS BANK OF AMERICA, N.A. and FATON KURTI
|
4D2017-0649
|
2017-03-03
|
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
502015CA011261XXXXMB
|
Parties
| Name |
SKENDER HOTI, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FATON KURTI
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Bank of America, N.A.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Thomas Hugh Dougherty, Matthew Slowik, Bart T. Heffernan, Juan G. Mejia, Robert B. Cook
|
|
| Name |
HON. THOMAS H. BARKDULL, I I I
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-04-06
|
| 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 nonpayment of the $300.00 filing fee and failure to comply with this court’s March 6, 2017 orders.
|
|
| Docket Date |
2017-04-06
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2017-03-28
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Bank of America, N.A.
|
|
| Docket Date |
2017-03-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2017-03-06
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Aplnt to file underlying order being appealed ~ The Notice of Appeal seeks an appeal of the order denying a motion for rehearing. An order denying a motion for rehearing is not independently appealable. Within ten (10) days from the date of this order, Appellant shall submit a conformed copy of the underlying order which is the subject of the motion for rehearing for the purpose of determining whether the filing of the motion for rehearing tolled the jurisdictional time limit of the filing of the Notice of Appeal of the underlying order from which appellant seeks review.
|
|
| Docket Date |
2017-03-03
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2017-03-03
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
DM:No Fee - Case Dismissed
|
|
|
|
SKENDER HOTI VS BANK OF AMERICA, N.A. and FATON KURTI
|
4D2016-3427
|
2016-10-13
|
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
502015CA011261XXXXMB
|
Parties
| Name |
SKENDER HOTI, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Robert B. Cook
|
|
| Name |
FATON KURTI
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Bank of America, N.A.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
MARINOSCI LAW GROUP, Thomas Hugh Dougherty, Bart T. Heffernan
|
|
| Name |
Hon. Peter D. Blanc
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-02-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that the appellant's January 17, 2017 motion for rehearing is denied.
|
|
| Docket Date |
2017-01-17
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2016-12-30
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order-Original Proceeding Dismissed ~ Upon consideration of the parties’ responses to this court’s October 13, 2016 jurisdictional order, this court finds that appellant Skender Hoti lacks standing to appeal the September 9, 2016 order. Accordingly, this appeal is dismissed.MAY, GERBER and DAMOORGIAN, JJ., concur.
|
|
| Docket Date |
2016-12-30
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2016-12-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's December 21, 2016 motion for extension of time is granted, and appellant 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 |
2016-12-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2016-12-09
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
Reply ~ RESPONSE TO STATEMENT OF JURSIDCTION
|
| On Behalf Of |
Bank of America, N.A.
|
|
| Docket Date |
2016-12-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ SUPPLEMENTAL RESPONSE TO STATEMENT OF JURISDICTION
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2016-11-23
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ Upon consideration of appellant's October 27, 2016 response to this court's October 13, 2016 jurisdictional order, and the notice of appearance filed on November 7, 2016 on behalf of appellant, it is ORDERED that Robert Cook, Esq., shall, within ten (10) days from the date of this order, file a supplemental response to this court's October 13, 2016 jurisdictional order. The response shall also indicate whether Skender Hoti is appealing on his own behalf, or on behalf of Faton Kurti, and shall describe how appellant Skender Hoti has standing to appeal. Appellee may file a reply within five (5) days from the supplemental response.
|
|
| Docket Date |
2016-11-10
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2016-11-07
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Bank of America, N.A.
|
|
| Docket Date |
2016-10-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ **AND** MOTION TO ACCEPT LATE FILING OF STATEMENT OF JURISDICTION
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2016-10-13
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2016-10-13
|
| 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, 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. 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 |
2016-10-13
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2016-10-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
|
|
SKENDER HOTI VS DAVID M. GARTEN
|
4D2016-0444
|
2016-02-08
|
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
502013CA012409XXXXMB
|
Parties
| Name |
SKENDER HOTI, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Hon. Jaimie Goodman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
David M. Garten
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Deborach P. Fitzgerald, Walton Lantaff Schroeder, etc., KELLY M. VOGT
|
|
Docket Entries
| Docket Date |
2017-03-10
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2017-03-10
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2017-02-16
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2017-02-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Sanctions
|
| Description |
Order Denying Motion for Sanctions ~ ORDERED that the appellee's August 31, 2016 motion for sanctions is denied.
|
|
| Docket Date |
2016-09-30
|
| Type |
Order
|
| Subtype |
Order on Motion to Accept Brief as Timely
|
| Description |
Grant to Accept Brief Filed as Timely ~ ORDERED that the appellant's September 27, 2016 motion to accept late filing is granted. The reply brief is deemed timely filed as of the date of this order.
|
|
| Docket Date |
2016-09-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ NO OBJECTION
|
| On Behalf Of |
David M. Garten
|
|
| Docket Date |
2016-09-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
|
| Docket Date |
2016-09-27
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
|
| Docket Date |
2016-09-27
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Accept Brief as Timely
|
| Description |
Motion To Accept Timely Brief
|
|
| Docket Date |
2016-09-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR SANTIONS
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2016-08-31
|
| Type |
Motions Other
|
| Subtype |
Motion for Sanctions
|
| Description |
Motion for sanctions ~ *RESPONSE TO THIS MOTION FILED9/9/16*
|
| On Behalf Of |
David M. Garten
|
|
| Docket Date |
2016-06-27
|
| 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 |
David M. Garten
|
|
| Docket Date |
2016-06-08
|
| 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 27, 2016 motion for extension of time is granted, and appellee shall serve the answer brief on or before June 27, 2016. 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 |
2016-05-27
|
| 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 |
David M. Garten
|
|
| Docket Date |
2016-05-06
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2016-05-06
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO INITIAL BRIEF
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2016-05-04
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (1244 PAGES)
|
|
| Docket Date |
2016-04-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's March 30, 2016 motion for extension of time is granted, and appellant 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 |
2016-03-30
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
David M. Garten
|
|
| Docket Date |
2016-03-30
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2016-02-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-02-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED WITH THE 4DCA 2/1/16
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2016-02-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2016-08-25
|
| 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 18, 2016 motion for extension of time is granted, and appellant shall serve the reply brief within thirty (30) 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 |
2016-08-18
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
|
| Docket Date |
2016-07-29
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
David M. Garten
|
|
| Docket Date |
2016-07-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ Upon consideration of appellant's June 28, 2016 objection, it is ORDERED that appellee's June 27, 2016 motion for extension of time is granted, and appellee shall serve the answer brief within thirty (30) days from the date of this order. 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 |
2016-06-28
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
Objection ~ TO MOTION FOR EXTENSION
|
| On Behalf Of |
Skender Hoti
|
|
|
|
SKENDER HOTI VS DAVID M. GARTEN
|
4D2014-4826
|
2014-12-18
|
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
502012CA011639
|
Parties
| Name |
SKENDER HOTI, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
David M. Garten
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
KELLY M. VOGT, ROBERT MOORE, DAVID LUSTGARTEN, Deborach P. Fitzgerald
|
|
| Name |
HON. TIMOTHY P. MCCARTHY
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-03-01
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that the appellant's February 10, 2017 demand to perform mandatory duties and obligations is stricken as unauthorized.
|
|
| Docket Date |
2017-02-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO PERFORM MANDATORY DUTIES.
|
| On Behalf Of |
David M. Garten
|
|
| Docket Date |
2017-02-10
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ ***STRICKEN AS UNAUTHORIZED 3/1/17*** "TO PERFORM MANDATORY DUTIES, ETC."
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2016-07-29
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2016-07-12
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2016-07-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that the appellant's June 21, 2016 motion for rehearing and for written opinion and clarification of orders and decisions is denied.
|
|
| Docket Date |
2016-07-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR REHEARING, ETC.
|
| On Behalf Of |
David M. Garten
|
|
| Docket Date |
2016-06-21
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ FOR A WRITTEN OPINION AND CLARIFICATION OF ORDERS
|
|
| Docket Date |
2016-06-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant's June 3, 2016 motion for extension of time is granted, and the time in which to file a motion for a written opinion, clarification and rehearing is extended seven (7) days from the date of this order.
|
|
| Docket Date |
2016-06-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR EXTENSION OF TIME
|
| On Behalf Of |
David M. Garten
|
|
| Docket Date |
2016-06-03
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2016-05-19
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2016-05-19
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that the appellee's March 6, 2015 motion for attorney's 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 |
2016-02-10
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
David M. Garten
|
|
| Docket Date |
2016-05-16
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
|
| Docket Date |
2016-03-04
|
| 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 |
2016-02-15
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Grant Motion to Strike ~ ORDERED that the appellee's February 10, 2016 motion to strike appellant's response to motion for proceedings supplementary and motion for sanctions against appellant pursuant to Fla. R. App. P. 9.410 and incorporated memorandum of law is granted, and the February 1, 2016 pleading is stricken. FurtherAppellant is advised that this court has the record on appeal. The appellant is ORDERED to refrain from filing any further documents from the trial court proceedings with this court. If the appellant continues to file such documents, this court may impose sanctions.
|
|
| Docket Date |
2016-02-01
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ **STRICKEN** COPY OF PLEADINGS FILED IN L.T.
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2015-12-21
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ COPY OF PLEADING FILED IN L.T.
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2015-11-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO NOTICE OF SUPPLEMENTAL AUTHORITY
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2015-11-12
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORD-Amended Order ~ ORDERED that this court's previous November 12, 2015 order is vacated, further;ORDERED that this court's November 6, 2015 order is amended as follows:ORDERED that appellee's October 9, 2015 motion to strike is granted, and appellant'sOctober 6, 2015 courtesy copy of the second motion to request final judgment, which was filed in the lower tribunal, is stricken from the docket.
|
|
| Docket Date |
2015-11-10
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
David M. Garten
|
|
| Docket Date |
2015-11-06
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Grant Motion to Strike ~ ORDERED that appellee's October 27, 2015 motion to strike is granted, and appellants' October 6, 2015 second motion to request final judgment is stricken from the docket.
|
|
| Docket Date |
2015-10-15
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Moot ~ ORDERED that appellant¿s October 1, 2015 motion for an order denying the answer brief is determined to be moot. Appellant shall not repetitively request for the same relief upon which this Court has already ruled. See this Court¿s September 11, 2015 and September 25, 2015 orders; further, ORDERED that appellee¿s motion for sanctions included in the response filed October 2, 2015 is denied.
|
|
| Docket Date |
2015-10-09
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2015-10-09
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2015-10-09
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
David M. Garten
|
|
| Docket Date |
2015-10-09
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2015-10-07
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ PER FLA.STAT. 57.105
|
| On Behalf Of |
David M. Garten
|
|
| Docket Date |
2015-10-07
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
David M. Garten
|
|
| Docket Date |
2015-10-06
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ COPY OF MOTION FILED IN L.T. **STRICKEN AND REMOVED FROM DOCKET** **SEE 10-12-15 ORDER**
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2015-10-05
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
David M. Garten
|
|
| Docket Date |
2015-10-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ (DENIED) IN OPPOSITION TO APLNT'S DEMAND FOR CERTITORY JUDGMENT *AND* MOTION FOR SANCTIONS
|
| On Behalf Of |
David M. Garten
|
|
| Docket Date |
2015-10-01
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2015-09-25
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Moot ~ ORDERED that the appellant's September 18, 2015 motion for default judgement is determined to be moot. See this court's September 11, 2015 order.
|
|
| Docket Date |
2015-09-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR DEFAULT JUDGMENT
|
| On Behalf Of |
David M. Garten
|
|
| Docket Date |
2015-09-18
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ (MOOT) FOR DEFAULT JUDGMENT
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2015-09-16
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that the appellee¿s August 18, 2015 motion to supplement the record is granted, and the record is supplemented to include the supplemental response filed in the trial court on November 18, 2014. Said supplemental record is deemed filed as of the date of this order; further, ORDERED that appellant¿s August 31, 2015 motion to deny second time extension and to compel enforcement of this Court¿s July 29, 2015 order is denied.
|
|
| Docket Date |
2015-09-11
|
| 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 August 31, 2015 second motion for extension of time is granted, and appellee shall serve the answer brief on or before October 5, 2015. 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 |
2015-09-08
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Noted ~ ORDERED that appellee's September 2, 2015 response in opposition to appellant's motion to request final judgment in the above named case is noted. The court docketed the August 26, 2015 filing as a miscellaneous entry, as it was not a motion directed to this court.
|
|
| Docket Date |
2015-09-04
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ ONE (1)
|
| On Behalf Of |
David M. Garten
|
|
| Docket Date |
2015-09-04
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that the appellee¿s August 5, 2015 motion to supplement the record is granted, and the record is supplemented to include the request for production of documents filed in the trial court on January 11, 2013. Said supplemental record is deemed filed as of the date of this order.
|
|
| Docket Date |
2015-09-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APLNT'S MOTION TO REQUEST FINAL JUDGMENT IN THE ABOVE NAMED CASE.
|
| On Behalf Of |
David M. Garten
|
|
| Docket Date |
2015-08-31
|
| 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 |
David M. Garten
|
|
| Docket Date |
2015-08-31
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
Objection
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2015-08-31
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ **DENIED** TO DENY 2ND TIME EXT. AND COMPEL PREVIOUS COURT ORDER
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2015-08-26
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ COPY OF MOTION FILED IN L.T.
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2015-08-18
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ ONE (1)
|
| On Behalf Of |
David M. Garten
|
|
| Docket Date |
2015-08-18
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
David M. Garten
|
|
| Docket Date |
2015-08-05
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
David M. Garten
|
|
| Docket Date |
2015-07-29
|
| 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 July 22, 2015 motion for extension of time is granted, and appellee shall serve the answer brief on or before September 3, 2015. 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 |
2015-07-22
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
Objection ~ **AMENDED** TO MOTION FOR EXTENSION
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2015-07-22
|
| 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 |
David M. Garten
|
|
| Docket Date |
2015-07-21
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
Objection ~ TO MOTION FOR EXTENSION
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2015-07-15
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Deny Motion to Strike ~ ORDERED that appellee's June 18, 2015 motion to strike appellant's second amended initial brief, dismiss the appeal, and impose attorney's fees is denied without prejudice to appellee pointing out the alleged deficiencies of the initial brief in the answer brief.
|
|
| Docket Date |
2015-06-18
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
David M. Garten
|
|
| Docket Date |
2015-06-12
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ TO SECOND AMENDED BRIEF
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2015-06-12
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief ~ SECOND AMENDED
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2015-06-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2015-06-02
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before June 12, 2015, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's 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 |
2015-05-28
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ EIGHT (8) VOLUMES
|
|
| Docket Date |
2015-05-12
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
Ord-To Amend/Correct Brief ~ ORDERED that appellant's letter filed May 1, 2015, is treated as a motion for rehearing and is denied. Appellant shall serve a second amended brief and an amended appendix in compliance with the rules as specified in this Court¿s April 28, 2015, order, within ten (10) days of this order.
|
|
| Docket Date |
2015-05-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2015-05-01
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing/Interim Order ~ PRO SE LETTER (DENIED 5/12/15)
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2015-04-28
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that appellee's motion filed April 7, 2015, to strike the amended initial brief, to dismiss the appeal, and to impose attorney's fees, is granted in part and denied in part. The amended initial brief and the appendix to the amended initial brief filed on March 27, 2015 are stricken as not in compliance with Florida Rules of Appellate Procedure 9.210(b), 9.210(b)(3), 9.210(b)(4), 9.210(b)(5), 9.220(b), 9.420(b)(1), and 9.800. A second amended brief and an amended appendix in compliance with the rules shall be filed within ten (10) days of the date of this order. The time for any responsive briefing shall be tolled until service of this amended brief; further, ORDERED that the motion to dismiss appeal and to impose attorney's fees is denied.
|
|
| Docket Date |
2015-04-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APLNT'S MOTION TO SUSTAIN IN PROPRIA PERSONA, AMENDED APPEAL BRIEF
|
| On Behalf Of |
David M. Garten
|
|
| Docket Date |
2015-04-23
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ (DENIED 4/28/15)
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2015-04-21
|
| Type |
Motions Other
|
| Subtype |
Motion To Compel
|
| Description |
Motion To Compel ~ (DENIED 4/28/15) APLNT TO INDICATE ON ALL DOCUMENTS FILED WITH THIS COURT THAT THEY ARE "PREPARED WITH THE ASSISTANCE OF COUNSEL"
|
| On Behalf Of |
David M. Garten
|
|
| Docket Date |
2015-04-17
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Letter ~ (TREATED AS M/TO BE RELIEVED OF OBLIGATION TO PAY FOR ROA & DENIED 4/28/15) RE: RECORD ON APPEAL (RECEIVED WITH SECOND PAGE CUT OFF ON SIDES)
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2015-04-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause ~ TO MOTION TO STRIKE "MOTION TO SUSTAIN"
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2015-04-07
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ (GRANTED IN PART & DENIED IN PART 4/28/15) AMENDED INITIAL BRIEF *AND* DISMISS THE APPEAL *AND* IMPOSE ATTORNEY'S FEES AGAINST APPELLANT
|
| On Behalf Of |
David M. Garten
|
|
| Docket Date |
2015-03-27
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief ~ **BRIEF STRICKEN - SEE 4/28/15 ORDER**
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2015-03-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO AMENDED INITIAL BRIEF **APPENDIX STRICKEN - SEE 4/28/15 ORDER**
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2015-03-19
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Grant Motion to Strike ~ ORDERED that appellee's motion filed March 5, 2015, to strike is granted. The brief and appendix to the initial brief filed on February 26, 2015, are stricken as not in compliance with Florida Rules of Appellate Procedure 9.210(a)(2), 9.210(b)(2), 9.210(b)(3), 9.210(b)(4), 9.210(b)(5), and 9.220(b). An amended brief and an amended appendix in compliance with the rules shall be filed within ten (10) days of the date of this order. The time for any responsive briefing shall be tolled until service of this amended brief; further, ORDERED that appellee's motion filed March 6, 2015, for extension of time to serve answer brief, is determined to be moot.
|
|
| Docket Date |
2015-03-09
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
Objection ~ TO MOTION FOR EXTENSION
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2015-03-06
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ (DETERMINED TO BE MOOT 3/19/15)
|
| On Behalf Of |
David M. Garten
|
|
| Docket Date |
2015-03-06
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
David M. Garten
|
|
| Docket Date |
2015-03-05
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ (GRANTED 3/19/15)
|
| On Behalf Of |
David M. Garten
|
|
| Docket Date |
2015-02-26
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO INITIAL BRIEF **APPENDIX STRICKEN - SEE 3/19/15 ORDER**
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2015-02-26
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ **BRIEF STRICKEN - SEE 3/19/15 ORDER**
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2015-02-02
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Order Denying Stay ~ ORDERED that appellant's motion for stay filed January 6, 2015 is denied.
|
|
| Docket Date |
2015-01-13
|
| Type |
Misc. Events
|
| Subtype |
Court Reporter Acknowledgement Letter
|
| Description |
Court Reporter Acknowledgment Letter
|
|
| Docket Date |
2015-01-06
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ (DENIED 2/2/15)
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2015-01-02
|
| Type |
Order
|
| Subtype |
Order to Register/Update eDCA
|
| Description |
Counsel to register with eDCA ~ Be advised that Kelly Vogt and Robert Moore have failed to comply with this Court¿s Administrative Order No. 2013-01, requiring counsel of record to register with the Fourth District Court of Appeal¿s electronic filing system to receive electronic copies of court communications, including but not limited to orders.You are further advised that to receive all communications from this Court in electronic form you must register at www.4dca.org or https://edca.4dca.org.Unless you obtain a hardship waiver of the registration requirement the Clerk of the Court shall cease mailing paper copies of all communications from the Court to you after ten (10) days from the date of this order.Paper copies can be obtained by completing a Copy Request Form located at www.4dca.org.AMERICANS WITH DISABILITIES ACT: If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, the provision of certain assistance. Please contact the Marshal, Daniel DiGiacomo, 4th District Court of Appeal, 1525 Palm Beach Lakes Blvd., West Palm Beach, Florida 33401, telephone (561)242-2000; 1-800-955-8771(TDD): or 1-800-955-8770(V) via Florida Relay Service, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
|
|
| Docket Date |
2014-12-29
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2014-12-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2014-12-22
|
| 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, 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. 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 you have already been found indigent for purposes of proceedings in the lower tribunal, in this case, please file a copy of that order in this court. If you do not have an order or a determination of indigent status and believe that you are insolvent, 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 |
2014-12-18
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2014-12-18
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
**DNU** order appealed
|
|
|
|
KENNETH DAVIS and MARY ANN DAVIS VS SKENDER HOTI a/k/a KENNETH BATSON
|
4D2013-0600
|
2013-02-19
|
Closed
|
|
| Classification |
NOA Final - Circuit Guardianship - Guardianship
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502012GA000028XXXXSB
|
Parties
| Name |
KENNETH DAVIS LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
ALLISON R. SABOCIK, John Pankauski
|
|
| Name |
MARY ANN DAVIS
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
GUARDIANSHIP OF GWENDOLYN BATS
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Debra P. Rochlin
|
|
| Name |
KENNETH BATSON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GWENDOLYN BATSON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SKENDER HOTI, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. James Martz
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2013-07-01
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed (No Record)
|
|
| Docket Date |
2013-04-16
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2013-04-16
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the notice of voluntary dismissal filed herein this appeal is dismissed.
|
|
| Docket Date |
2013-04-12
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Motion For Voluntary Dismissal
|
| On Behalf Of |
KENNETH DAVIS
|
|
| Docket Date |
2013-03-27
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ ORDER ON RELINQUISHMENT
|
| On Behalf Of |
KENNETH DAVIS
|
|
| Docket Date |
2013-03-12
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ ORDERS ON RELINQUISHMENT
|
| On Behalf Of |
KENNETH DAVIS
|
|
| Docket Date |
2013-02-28
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Order Granting Relinquishment of Jurisdiction ~ ORDERED that appellee's emergency motion filed February 28, 2013, to temporarily relinquish jurisdiction is granted. Jurisdiction is hereby relinquished to the trial court for sixty (60) days so that it may rule on the Emergency Petition for Appointment of Substitute Guardian filed and Emergency Amended Petition for Appointment of Substitute Guardian or to Honor the Less Restrictive Alternative "Designation of Health Care Surrogate" of December 12, 2011.The appellee shall forward to this court a copy of any order issued during relinquishment. It is further ordered that the appellee shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellee to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
| Docket Date |
2013-02-28
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Emergency Motion ~ TO TEMPORARILY RELINQUISH JURISDICTION
|
| On Behalf Of |
GUARDIANSHIP OF GWENDOLYN BATS
|
|
| Docket Date |
2013-02-27
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Order Granting Relinquishment of Jurisdiction ~ ORDERED that appellants' amended motion filed February 20, 2013, to temporarily relinquish jurisdiction is granted. Jurisdiction is hereby relinquished to the trial court for sixty (60) days for purposes of hearing and ruling on the amended motion for reconsideration or to any matters relating to the reconsideration of the trial court's ruling.The appellants shall forward to this court a copy of any order issued during relinquishment. It is further ordered that the appellants shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellants to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
| Docket Date |
2013-02-25
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2013-02-20
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction ~ AMENDED.
|
| On Behalf Of |
KENNETH DAVIS
|
|
| Docket Date |
2013-02-20
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement ~ AA John J. Pankauski
|
|
| Docket Date |
2013-02-19
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction ~ (RECEIVED 2/14/13)
|
| On Behalf Of |
KENNETH DAVIS
|
|
| Docket Date |
2013-02-19
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2013-02-19
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
KENNETH DAVIS
|
|
|
