| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
12-014134 (21)
|
Parties
| Name |
EIRE MCNAB, LLC
|
| Role |
Appellant
|
| Status |
Dismissed
|
| Representations |
MATTHEW S. KISH, ARAM CALDARERA BLOOM
|
|
| Name |
MARK D. SPILLANE
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
EVERBANK, ETC.
|
| Role |
Appellee
|
| Status |
Dismissed
|
| Representations |
GORDON BRIAN LINN, Jerome L. Tepps, ROBERT O'LINN, ESQ., GEREMY GREGORY
|
|
| Name |
CITY OF POMPANO BEACH FLORIDA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
UNKNOWN OWNERS/TENANTS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BANK OF FLORIDA - SOUTHEAST
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
2303 W MCNAB, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
UNKNOWN SPOUSES
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Barbara Anne McCarthy
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-01-13
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2017-01-13
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Grant Voluntary Dismissal (Joint) ~ At the request of the parties, this case is dismissed; further, Upon consideration of the stipulation for voluntary dismissal which states that each party will bear its own costs and attorneys' fees, it is ORDERED that substitute appellee's December 12, 2016 motion for attorney's fees and costs is determined to be moot.
|
|
| Docket Date |
2017-01-12
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ (JOINT STIPULATION)
|
| On Behalf Of |
EIRE MCNAB, LLC
|
|
| Docket Date |
2016-12-12
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ AND COSTS
|
| On Behalf Of |
EVERBANK, ETC.
|
|
| Docket Date |
2016-12-12
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ (OF SUBSTITUTE APPELLEE 2303 W. MCNAB, LLC.)
|
| On Behalf Of |
EVERBANK, ETC.
|
|
| Docket Date |
2016-11-18
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the November 16, 2016 notice of voluntary dismissal, this case is dismissed only as to appellant EIRE MCNAB, LLC. The appeal shall remain pending as to appellant MARK D. SPILLANE unless this court is notified otherwise.
|
|
| Docket Date |
2016-11-16
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ AS TO EIRE MCNAB, LLC ONLY
|
| On Behalf Of |
EIRE MCNAB, LLC
|
|
| Docket Date |
2016-11-15
|
| 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 November 9, 2016 revised motion for extension of time is granted for thirty (30) days only, 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 |
2016-11-09
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ **REVISED**
|
| On Behalf Of |
EVERBANK, ETC.
|
|
| Docket Date |
2016-04-05
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
EIRE MCNAB, LLC
|
|
| Docket Date |
2016-11-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ **SEE 11/9/16 REVISED MOTION**
|
| On Behalf Of |
EVERBANK, ETC.
|
|
| Docket Date |
2016-10-27
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that the appellants' October 13, 2016 notice of filing bankruptcy filings is stricken without prejudice to filing a proper pleading which seeks relief from this court, if any relief is requested. Appellees' answer brief is due as set forth in this court's September 7, 2016 order.
|
|
| Docket Date |
2016-10-13
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ BANKRUPTCY FILINGS (ATTACHED) **STRICKEN 10/27/16**
|
| On Behalf Of |
EIRE MCNAB, LLC
|
|
| Docket Date |
2016-10-10
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 2246 PAGES
|
|
| Docket Date |
2016-09-27
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
|
| Docket Date |
2016-09-07
|
| Type |
Order
|
| Subtype |
Order on Motion For Substitution of Parties
|
| Description |
ORD-Allowing Substitution of Parties ~ ORDERED that 2303 W. McNab LLC's August 29, 2016 unopposed motion to intervene as substituted appellee is granted. 2303 W. McNab LLC is substituted for Everbank, etc. in the above-styled appeal. All future pleadings shall reflect this change. Further, ORDERED that appellee 2303 W. McNab LLC's August 29, 2016 motion for extension of time to file answer brief is granted, and appellee shall serve the answer brief within sixty (60) 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 |
2016-08-29
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion For Substitution of Parties
|
| Description |
Motion For Substitution of Parties ~ (MOTION TO INTERVENE AS SUBSTITUTED APPELLEE)
|
| On Behalf Of |
EVERBANK, ETC.
|
|
| Docket Date |
2016-08-29
|
| 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 |
EVERBANK, ETC.
|
|
| Docket Date |
2016-08-15
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ TO INITIAL BRIEF
|
| On Behalf Of |
EIRE MCNAB, LLC
|
|
| Docket Date |
2016-08-15
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
EIRE MCNAB, LLC
|
|
| Docket Date |
2016-08-12
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
EIRE MCNAB, LLC
|
|
| Docket Date |
2016-08-04
|
| 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 the entry of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellants' initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2016-06-24
|
| Type |
Order
|
| Subtype |
Order re Stay
|
| Description |
Stay is lifted, case to proceed ~ ORDERED that appellants' June 21, 2016 motion to withdraw the motion to relinquish jurisdiction and response to order to show cause is granted, and the appellants' May 5, 2016 motion to relinquish jurisdiction and response to order to show cause is considered withdrawn; further, Upon consideration of appellants' June 21, 2016 notice of withdrawal, which attached an order from the United States Bankruptcy Court permitting this appeal to proceed, it is ORDERED that the stay entered on June 14, 2016, is lifted and the above-styled appeal shall proceed; further,ORDERED that the appellants shall serve the initial brief within thirty (30) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal, or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2016-06-21
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF WITHDRAWAL OF MOTION TO RELINQUISH JURISDICTION AND RESPONSE TO S/C ORDER
|
| On Behalf Of |
EIRE MCNAB, LLC
|
|
| Docket Date |
2016-06-14
|
| Type |
Order
|
| Subtype |
Order Bankruptcy
|
| Description |
ORD-Case Stayed Pending Bankruptcy ~ **STAY LIFTED - SEE 6/24/16 ORDER** A suggestion of bankruptcy having been filed, and it appearing that no cause exists as to why the entire above-styled appeal should not be stayed by virtue of 11 U.S.C. § 362, it is ORDERED that:This appeal is stayed. If the bankruptcy case becomes closed, dismissed, or modified to permit this appeal to proceed, then appellant, Eire McNab, LLC, shall promptly, and in no event later than twenty (20) days after the event has occurred, notify this court in writing that this appeal may proceed.Unless this appeal is voluntarily dismissed, appellant, Eire McNab, LLC, 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 |
2016-05-05
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction ~ **MOTION & RESPONSE WITHDRAWN - SEE 6/24/16 ORDER** AND RESPONSE TO ORDER TO SHOW CAUSE
|
| On Behalf Of |
EIRE MCNAB, LLC
|
|
| Docket Date |
2016-04-15
|
| Type |
Order
|
| Subtype |
Show Cause re Bankruptcy
|
| Description |
Order on Suggestion of Bankruptcy ~ A suggestion of bankruptcy having been filed, it is ORDERED 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 |
2016-04-12
|
| Type |
Notice
|
| Subtype |
Suggestion of Bankruptcy
|
| Description |
Suggestion of Bankruptcy ~ **SEE 6/14/16 ORDER**
|
| On Behalf Of |
EIRE MCNAB, LLC
|
|
| Docket Date |
2016-04-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-04-06
|
| 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. 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 |
2016-04-05
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
