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12170 CWELT-2007 LLC, Appellant(s) v. GREEN TREE SERVICING, LLC, Appellee(s).
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4D2024-1907
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2024-07-25
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE14-004643
|
Parties
| Name |
12170 CWELT-2007 LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Kenzie N. Sadlak
|
|
| Name |
GREEN TREE SERVICING LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Hillary Renee Mullin, David Rosenberg
|
|
| Name |
Hon. Marina Garcia Wood
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-07-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-07-26
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-11-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Appellant's Jurisdictional Brief
|
| On Behalf Of |
Green Tree Servicing, LLC
|
|
| Docket Date |
2024-11-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
ORDERED that Appellee's November 12, 2024 motion for extension of time is granted, and the time for filing a response to Appellant's jurisdictional statement is extended three (3) days from the date of this order.
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| View |
View File
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| Docket Date |
2024-11-13
|
| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response to Appellant's Jurisdictional Statement
|
|
| Docket Date |
2024-11-02
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Response to Court's Order Rendered October 22, 2024
|
| On Behalf Of |
12170 CWELT-2007 LLC
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| View |
View File
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|
| Docket Date |
2024-10-19
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report and Response to the Court's October 11, 2024 Order
|
| On Behalf Of |
12170 CWELT-2007 LLC
|
|
| Docket Date |
2024-10-14
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-10-11
|
| Type |
Order
|
| Subtype |
Order to File Status Report
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| Description |
ORDERED that Appellant is directed to file a status report, within ten (10) days from the date of this order, regarding the progress being made toward the disposition of Petitioner's pending motion in the trial court.
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| View |
View File
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|
| Docket Date |
2024-09-03
|
| Type |
Misc. Events
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| Subtype |
Status Report
|
| Description |
Status Report and Response to the Court's July 31, 2024 Order
|
| On Behalf Of |
12170 CWELT-2007 LLC
|
|
| Docket Date |
2024-08-30
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Green Tree Servicing, LLC
|
|
| Docket Date |
2024-07-31
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
** AMENDED** Acknowledgment Letter
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| View |
View File
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|
| Docket Date |
2024-07-31
|
| Type |
Order
|
| Subtype |
Abeyance Order
|
| Description |
This court notes that a motion tolling rendition is pending in the trial court. ORDERED that the above-styled case is held in abeyance until the trial court disposes of the motion and Appellant files a copy of the order in this court. On that date, this case shall proceed, 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, Appellant shall file a status report with this court as to the progress being made towards disposition of the motion.
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| View |
View File
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|
| Docket Date |
2024-07-29
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| Type |
Miscellaneous Document
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| Subtype |
Pay Case Filing Fee-300
|
| Description |
Paid Case Filing Fee-300
|
| On Behalf Of |
12170 CWELT-2007 LLC
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| View |
View File
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|
| Docket Date |
2024-12-06
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| Type |
Order
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| Subtype |
Order
|
| Description |
ORDERED that the above-styled appeal may proceed on the merits.
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| View |
View File
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| Docket Date |
2024-10-22
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| Type |
Order
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| Subtype |
Order to File Response re Jurisdiction
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| Description |
ORDERED that, within ten (10) days from the date of this order, Appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the June 26, 2024 "Order on Defendant's, 1270 CWELT-2007-LLC, Amended Motion for Reconsideration of Prior Factual or Legal Rulings" and September 26, 2024 "Order Denying Defendant's Motion to Amended, Motion for Rehearing And/Consideration of June 26, 2024 Order" are final or nonfinal appealable orders, as they appear to merely deny motions for rehearing and reconsideration. See Fla. R. App. P. 9.110, 9.130; see also Ricardo v. Wells Fargo Bank N.A., 166 So. 3d 967 (Fla. 3d DCA 2015) (acknowledging that "an order on a motion for rehearing is not independently appealable"). If these orders are not appealable, appellant shall address whether review of the July 30, 2024 "Order Denying Verified Motion to Disqualify Trial Court Judge" should be via petition for writ of certiorari, rather than direct appeal. See Fla. R. App. P. 9.110, 9.130, 9.040(c); see also Jenne v. Maranto, 825 So. 2d 409, 413 (Fla. 4th DCA 2002) ("The enumerated categories of permissible nonfinal review stated in rule 9.130 must be limited to their plain meaning. The rule does not authorize judges to enlarge its provisions to permit review of nonfinal orders not specified within its provisions."). Further, Appellee may file a response within ten (10) days of service of that statement.
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| View |
View File
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Roy J. Dixon et al, Petitioner(s) v. Green Tree Servicing, LLC., Respondent(s)
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SC2023-1469
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2023-10-23
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Closed
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| Classification |
Original Proceedings - Writ - Mandamus
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| Court |
Supreme Court of Florida
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| Originating Court |
4th District Court of Appeal
4D19-3246; 4D19-3768;
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Parties
| Name |
Roy J. Dixon
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Blanche L. Dixon
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
GREEN TREE SERVICING LLC
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| Role |
Respondent
|
| Status |
Active
|
| Representations |
Brian Michael Rowlson, Erik Tyler Samsing
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|
| Name |
4DCA Clerk
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| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-10-24
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| Type |
Event
|
| Subtype |
No Fee Required
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| Description |
No Fee Required
|
|
| Docket Date |
2023-10-23
|
| Type |
Petition
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| Subtype |
Petition Filed
|
| Description |
Petition for Extraordinary Writ of Mandamus and Writ of Error Coram Nobis
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| On Behalf Of |
Roy J. Dixon
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| View |
View File
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|
| Docket Date |
2023-10-24
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| Type |
Disposition
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| Subtype |
Orig Proc Dism No Juris Omnibus
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| Description |
Petitioner's Petition for Writ of Mandamus is hereby dismissed.
This Court's jurisdiction to issue extraordinary writs may not be
used to seek review of an unelaborated decision from a district
court of appeal that is issued without opinion or explanation or that
merely cites to an authority that is not a case pending review in, or
reversed or quashed by, this Court. See Foley v. State, 969 So. 2d
283 (Fla. 2007); Persaud v. State, 838 So. 2d 529 (Fla. 2003);
Stallworth v. Moore, 827 So. 2d 974 (Fla. 2002); Grate v. State, 750
So. 2d 625 (Fla. 1999).
No motion for rehearing or reinstatement will be entertained
by the Court.
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| View |
View File
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Shirley Stanley, Appellant(s), v. U.S. Bank, National Association as Legal Title Trustee for Truman 2016 SC6 Title Trust, Hugh Stanley, et al., Appellee(s).
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5D2023-0347
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2022-11-08
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Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fourth Judicial Circuit, Duval County
16-2016-CA-004211
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Parties
| Name |
Shirley Stanley
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Kevin S. Rabin, James Richard Le Mieux
|
|
| Name |
GREEN TREE SERVICING LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Dietech Financial LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
** DNU Adam A. Diaz DNU**, Julia Poletti, Adam Diaz, Greg Rosenthal
|
|
| Name |
Hugh Stanley
|
| Role |
Appellee
|
| Status |
Active
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|
| Name |
U.S. BANK NATIONAL ASSOCIATION
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Michael R. Weatherby
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Circuit Court Duval
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-10-29
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp. w/o Mandate
|
|
| Docket Date |
2024-10-04
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
VOLUNTARY DISMISSAL ACCEPTED AND THE APPEAL IS DISMISSED
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| View |
View File
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|
| Docket Date |
2024-09-23
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Motion/Notice Voluntary Dismissal and Status Report per 7/3 order
|
| On Behalf Of |
Shirley Stanley
|
|
| Docket Date |
2024-07-03
|
| Type |
Order
|
| Subtype |
Abeyance Order
|
| Description |
APPEAL HELD IN ABEYANCE UNTIL 9/23. COUNSEL SHALL FILE A MOTION FOR SUBSTITUTION OF PROPER PARTY OR STATUS REPORT BEFORE 9/23
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| View |
View File
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| Docket Date |
2024-06-20
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| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice OF BANKRUPTCY CASE DISMISSAL, SUGGESTION OF DEATH OF APPELLANT, AND OPPORTUNITY FOR SUBSTITUTION OF PARTY
|
| On Behalf Of |
Shirley Stanley
|
|
| Docket Date |
2024-05-29
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| Type |
Order
|
| Subtype |
Order Bankruptcy
|
| Description |
Order Bankruptcy; RESPONSE ACKNOWLEDGED; OTSC DISCHARGED; APPEAL STAYED PENDING BK DISCHARGE; AA W/IN 6 MONTHS FILE STATUS REPORT
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| View |
View File
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|
| Docket Date |
2024-05-28
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| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to ORDER TO SHOW CAUSE DATED MAY 17, 2024 AND NOTICE OF FILING SUGGESTION OF BANKRUPTCY
|
| On Behalf Of |
Shirley Stanley
|
|
| Docket Date |
2024-05-17
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| Type |
Order
|
| Subtype |
Show Cause for Brief or Record on Appeal
|
| Description |
Show Cause for Initial Brief; AA W/IN 10 DYS
|
| View |
View File
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|
| Docket Date |
2024-05-09
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| Type |
Order
|
| Subtype |
Order on Motion For Review
|
| Description |
MOTION TO STAY TREATED AS MOTION FOR REVIEW AND GRANTE AS TO REVIEW; LT'S ORDER IS AFFIRMED
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| View |
View File
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|
| Docket Date |
2024-05-02
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay- EMERGENCY; TREATED AS MOTION FOR REVIEW AND GRANTED AS TO REVIEW. LT'S ORDER IS AFFIRMED
|
| On Behalf Of |
Shirley Stanley
|
|
| Docket Date |
2024-03-27
|
| Type |
Record
|
| Subtype |
Record on Appeal Confidential
|
| Description |
Confidential Record ~ 1540 PAGES
|
| On Behalf Of |
Circuit Court Duval
|
|
| Docket Date |
2024-02-23
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD - Appeal to Proceed ~ BK STAY LIFTED; APPEAL SHALL PROCEED; ALL APPELLATE DEADLINES SHALL COMMENCE AS OF THE DATE OF THIS ORDER
|
|
| Docket Date |
2024-02-23
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ PER 12/19 ORDER
|
| On Behalf Of |
Shirley Stanley
|
|
| Docket Date |
2023-12-19
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ STATUS REPORT BY 6/3/24
|
|
| Docket Date |
2023-12-18
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ PER 12/15 ORDER
|
| On Behalf Of |
Shirley Stanley
|
|
| Docket Date |
2023-12-15
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ STATUS REPORT W/I 10 DAYS
|
|
| Docket Date |
2023-06-14
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ STATUS REPORT BY 12/13
|
|
| Docket Date |
2023-06-12
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ PER 1/10 ORDER
|
| On Behalf Of |
Shirley Stanley
|
|
| Docket Date |
2023-01-10
|
| Type |
Order
|
| Subtype |
Order re Stay
|
| Description |
ORD-Case Stayed Pending Bankruptcy ~ AA W/IN 6 MONTHS FILE STATUS REPORT
|
|
| Docket Date |
2023-01-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2022-12-19
|
| Type |
Disposition by Order
|
| Subtype |
Transferred
|
| Description |
Transfer 4th Circuit Case to 5th DCA ~ Beginning January 1, 2023, the Fifth District Court of Appeal will have jurisdiction over matters originating in the Fourth Judicial Circuit. Ch. 22-163, Laws of Fla. By order of the Florida Supreme Court, effective January 1, 2023, the First District shall transfer to the Fifth District Court of Appeal any pending cases originating from the Fourth Judicial Circuit. In re: Implementation of a Sixth District Court of Appeal and Realignment of the Jurisdictional Boundaries of Other Appellate Districts, Fla. Admin. Order No. AOSC22-81 (November 1, 2022).Because the time for briefing this appeal will not conclude before January 1, 2023, the Court notifies all parties and any attorneys of record that this case will transfer to the Fifth District Court of Appeal, on January 1, 2023. No further order will issue to effectuate the transfer. This Court will accept filings in this case until 11:59:59 p.m. on December 31, 2022. After that date, all filings must be submitted to the Fifth District Court of Appeal via the Florida Courts E-Filing Portal or, if permitted to be filed in paper, to the Clerk’s Office, Fifth District Court of Appeal, 300 South Beach Street, Daytona Beach, Florida 32114.
|
|
| Docket Date |
2022-11-16
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Dietech Financial LLC
|
|
| Docket Date |
2022-12-15
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Grant Motion (Other) ~ The Court grants Appellant’s motion to amend case caption on appeal. The Court substitutes U.S. Bank, National Association as Legal Title Trustee for Truman 2016 SC6 Title Trust for Dietech Financial, LLC f/k/a Green Tree Servicing, LLC, as Appellee.The Court stays the proceedings in this cause until such time as the stay imposed by 11 U.S.C. § 362 is dissolved. The debtor shall notify this Court within ten days of dissolution of the stay. In any event, the debtor shall submit a report to this Court on or before June 5, 2023, which sets forth the status of the proceedings in bankruptcy.
|
|
| Docket Date |
2022-11-29
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement
|
| On Behalf Of |
Shirley Stanley
|
|
| Docket Date |
2022-11-17
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ suggestion of bankruptcy
|
| On Behalf Of |
Shirley Stanley
|
|
| Docket Date |
2022-11-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ and motion to amend case caption on appeal
|
| On Behalf Of |
Shirley Stanley
|
|
| Docket Date |
2022-11-16
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Untimely Notice of Appeal
|
|
| Docket Date |
2022-11-09
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Notice of Appeal / Acknowledgement letter ~ Notice of Appeal from the lower tribunal reflecting a filing date of November 3, 2022.
|
|
| Docket Date |
2022-11-08
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Insolvency/Indigency Order from Lower Tribunal
|
|
| Docket Date |
2022-11-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ order appealed attached
|
| On Behalf Of |
Shirley Stanley
|
|
|
|
KATHLEEN BARRY VS KAREN WEINBERGER and MARC WEINBERGER
|
4D2022-3027
|
2022-11-08
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE14-4643
|
Parties
| Name |
Kathleen Barry
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Karen Weinberger
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ENB PROPERTIES LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GREEN TREE SERVICING LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Hillary Mullin, Henry H. Bolz, Brendan Herbert, Ofer M. Amir, Bruce Botsford
|
|
| Name |
Marc Weinberger
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Andrea Gundersen
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-08-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
Deny Motion to Reinstate ~ ORDERED that appellant’s July 13, 2023 motion for reinstatement and for extension of time to file initial brief is denied.
|
|
| Docket Date |
2023-07-13
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement ~ and MOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF
|
| On Behalf Of |
Kathleen Barry
|
|
| Docket Date |
2023-06-28
|
| 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 |
2023-06-28
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2023-06-09
|
| 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, 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 appellant’s 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 |
2023-04-04
|
| Type |
Order
|
| Subtype |
Order Requiring Corporation/Entity to Obtain Counsel
|
| Description |
ORD-Corporation must be Represented by Atty-w/d ~ ORDERED that the February 13, 2023 motion of Ofer M. Amir, Esquire for leave to withdraw as counsel for ENB Properties LLC is granted. A corporation may not appear unrepresented by counsel in a Florida court. See Parrot Cove Marina, LLC v. Duncan Seawall Dock & Boatlift, Inc., 978 So. 2d 811, 813 (Fla. 2d DCA 2008); Szteinbaum v. Kaes Inversiones y Valores, C.A., 476 So. 2d 247 (Fla. 3d DCA 1985); Telepower Commc'ns, Inc. v. LTI Vehicle Leasing Corp., 658 So. 2d 1026 (Fla. 4th DCA 1995). Accordingly, it isORDERED that ENB Properties LLC shall be barred from any participation in this case unless within twenty (20) days from the date of this order an attorney licensed to practice law enters an appearance on its behalf. Further,ORDERED that this case is stayed pending the above.
|
|
| Docket Date |
2023-03-09
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the March 8, 2023 stipulation for dismissal, this case is dismissed as to Green Tree Servicing, LLC only.
|
|
| Docket Date |
2023-03-08
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Stipulation ~ FOR DISMISSAL (GREEN TREE SERVICING LLC ONLY)
|
| On Behalf Of |
Green Tree Servicing, LLC
|
|
| Docket Date |
2023-03-02
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellee’s March 1, 2023 notice of appearance 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 General Practice and Judicial Administration 2.516(f).
|
|
| Docket Date |
2023-03-02
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ AMENDED
|
| On Behalf Of |
Green Tree Servicing, LLC
|
|
| Docket Date |
2023-03-01
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ **Stricken**
|
| On Behalf Of |
Green Tree Servicing, LLC
|
|
| Docket Date |
2023-02-13
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
Green Tree Servicing, LLC
|
|
| Docket Date |
2023-01-13
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Deny Motion to Strike ~ ORDERED sua sponte that the court determines 4D22-2956 seeks review of a final order, rather than a non–final order. Clearwater Fed. Savings & Loan Ass’n v. Sampson, 336 So. 2d 78, 79 (Fla. 1976). Appellant may file directions to the clerk under Florida Rule of Appellate Procedure 9.200(a)(3), within ten (10) days from the date of this order, and appellee may file directions for additional documents and exhibits within ten (10) days after the appellant’s filing of directions to the clerk. The times for preparing the record on appeal, serving the index to the record on appeal, and for service of briefs are extended correspondingly. Further, ORDERED that, upon consideration of appellant Marc Weinberger’s December 19, 2022 response and appellant Kathleen Barry’s December 12, 2022 response, case numbers 4D22-2956 and 4D22-3027 are now consolidated for purposes of assignment to the same panel. Further,ORDERED that appellant Marc Weinberger’s November 30, 2022 motion to strike and quash alias writ of possession is denied, without prejudice to raising the arguments therein in responsive briefing.
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|
| Docket Date |
2022-12-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
Kathleen Barry
|
|
| Docket Date |
2022-12-06
|
| Type |
Order
|
| Subtype |
Order on Motion For Review
|
| Description |
Order Denying Motion For Review ~ ORDERED that appellant’s November 21, 2022 motion to stay is treated as a motion for review of the trial court’s order denying appellant’s motion to stay and is denied. See Parker v. Est. of Bealer, 890 So. 2d 508, 512 (Fla. 4th DCA 2005) (“Rulings on motions for stay are governed by the abuse of discretion standard.”).
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|
| Docket Date |
2022-12-05
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ ORDERED that the parties are to show cause, within ten (10) days from the date of this order, as to why case numbers 4D22-2956 and 4D22-3027 should not be consolidated for all purposes.
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|
| Docket Date |
2022-12-01
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant’s November 30, 2022 notice 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 General Practice and Judicial Administration 2.516(f).
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|
| Docket Date |
2022-11-30
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending ~ **Stricken**
|
| On Behalf Of |
Kathleen Barry
|
|
| Docket Date |
2022-11-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ CORRECTED
|
| On Behalf Of |
Green Tree Servicing, LLC
|
|
| Docket Date |
2022-11-30
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellee ENB Properties LLC’s November 28, 2022 response 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 |
2022-11-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ **Stricken**
|
| On Behalf Of |
Green Tree Servicing, LLC
|
|
| Docket Date |
2022-11-28
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Kathleen Barry
|
|
| Docket Date |
2022-11-23
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellees are directed to respond, within five (5) days from the date of this order, to appellant’s November 21, 2022 emergency motion to stay.
|
|
| Docket Date |
2022-11-21
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION TO STAY
|
| On Behalf Of |
Kathleen Barry
|
|
| Docket Date |
2022-11-21
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ EMERGENCY
|
| On Behalf Of |
Kathleen Barry
|
|
| Docket Date |
2022-11-16
|
| Type |
Order
|
| Subtype |
Order Reclassifying Case
|
| Description |
ORD-Non-Final Appeal Treated as Final ~ ORDERED sua sponte that the court determines that this appeal seeks review of a final order, rather than a non-final order. Appellant may file directions to the clerk under Florida Rule of Appellate Procedure 9.200(a)(3) within ten (10) days from the date of this order, and appellee may file directions for additional documents and exhibits within ten (10) days after the appellant’s filing of directions to the clerk. The times for preparing the record on appeal, serving the index to the record on appeal, and for service of briefs are extended correspondingly.
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|
| Docket Date |
2022-11-14
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se civil appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of the entry of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the clerk of the lower tribunal within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The clerk of the lower tribunal shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
|
|
| Docket Date |
2022-11-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-11-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-11-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Kathleen Barry
|
|
|
|
KAREN WEINBERGER and MARC WEINBERGER VS ENB PROPERTIES, LLC
|
4D2022-2619
|
2022-09-16
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE14-004643
|
Parties
| Name |
Marc Weinberger
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Karen Weinberger
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ENB PROPERTIES LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Andrea Gundersen
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
GREEN TREE SERVICING LLC
|
| Role |
Appellee
|
| Status |
Dismissed
|
| Representations |
Hillary Mullin, Jacqueline A. Simms-Petredis, Tepps Treco, Gennifer L. Bridges
|
|
Docket Entries
| Docket Date |
2023-07-14
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-03-09
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Grant Voluntary Dismissal (Joint) ~ At the request of the parties, this case is dismissed as to appellee Green Tree Servicing, LLC only.
|
|
| Docket Date |
2023-02-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee Green Tree Servicing, LLC's January 18, 2023 motion for extension of time is granted in part, and appellee shall serve the answer brief within forty-five (45) 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 |
2022-12-01
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the notice of inability to transmit the record filed by the clerk of the lower tribunal on November 16, 2022, it is ORDERED that appellants shall file a report, within five (5) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
|
|
| Docket Date |
2023-07-14
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-06-22
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2023-03-08
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Stipulation ~ STIPULATION FOR DISMISSAL AS TO GREEN TREE SERVICING LLC ONLY
|
| On Behalf Of |
Green Tree Servicing, LLC
|
|
| Docket Date |
2023-02-03
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
Marc Weinberger
|
|
| Docket Date |
2023-02-03
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that appellants' December 27, 2022 amended motion to supplement the record is granted, and the record is supplemented to include the May 17, 2022 Notice of Hearing and the May 23, 2022 Notice of Removal. Said supplemental record is deemed filed as of the date of this order.
|
|
| Docket Date |
2023-02-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO AMENDED MOTION TO SUPPLEMENT RECORD ON APPEAL
|
| On Behalf Of |
Green Tree Servicing, LLC
|
|
| Docket Date |
2023-01-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ OPPOSITION TO APPELLEE'S MOTION FOR EXTENSION OF TIME TO FILE ITS ANSWER BRIEF
|
| On Behalf Of |
Marc Weinberger
|
|
| Docket Date |
2023-01-18
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Green Tree Servicing, LLC
|
|
| Docket Date |
2023-01-18
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellees are directed to respond, within fifteen (15) days from the date of this order, to appellants’ December 27, 2022 amended motion to supplement the record.
|
|
| Docket Date |
2023-01-18
|
| 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 |
Green Tree Servicing, LLC
|
|
| Docket Date |
2022-12-27
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Marc Weinberger
|
|
| Docket Date |
2022-12-22
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ AMENDED; 63 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-12-19
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Marc Weinberger
|
|
| Docket Date |
2022-12-07
|
| Type |
Order
|
| Subtype |
Order to Transmit Record/Supplemental Record on Appeal
|
| Description |
Party to Pay Fee for Preparation of Record ~ ORDERED that, upon consideration of appellants' December 6, 2022 status report, the clerk of the lower tribunal shall advise appellants of the amount due for the amended record within five (5) days from the date of this order, and appellants shall pay to the clerk of the lower tribunal the amount due within five (5) days of the clerk of the lower tribunal's notification of the amount due.
|
|
| Docket Date |
2022-12-06
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Marc Weinberger
|
|
| Docket Date |
2022-11-16
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF INABILITY TO TRANSMIT THE RECORD
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-10-24
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Marc Weinberger
|
|
| Docket Date |
2022-09-30
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-09-16
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-09-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Karen Weinberger
|
|
| Docket Date |
2022-09-30
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se civil appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of the entry of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the clerk of the lower tribunal within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The clerk of the lower tribunal shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
|
|
|
