|
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
|
|
|
