|
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.
|
|
| 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.”).
|
|
| 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.
|
|
| 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).
|
|
| 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.
|
|
| 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
|
|
|
|
MARC WEINBERGER, Appellant(s) v. ENB PROPERTIES, LLC, Appellee(s).
|
4D2022-2956
|
2022-11-01
|
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 |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Marc Weinberger
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Kenzie N. Sadlak
|
|
| Name |
ENB PROPERTIES LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Ofer Moshe Amir, The Amir Law Firm, P.A.
|
|
| Name |
Hon. Andrea Gundersen
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-04-17
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-04-15
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-04-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order on Motion for Rehearing En Banc
|
| View |
View File
|
|
| Docket Date |
2024-03-02
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing and Rehearing En Banc
|
| Description |
Motion for Rehearing and Rehearing En Banc
|
|
| Docket Date |
2024-02-15
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2023-08-28
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Marc Weinberger
|
|
| Docket Date |
2023-08-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that this court’s May 24, 2023 order is discharged. Further,ORDERED that appellant's June 12, 2023 motion for extension of time is granted, and appellant shall serve the initial brief on or before August 26, 2023. 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 |
2023-07-27
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ **CORRECTED** (148 PAGES)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-07-24
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that the clerk of the lower tribunal shall correct and transmit the record on appeal to include only those 21 post-judgment instruments pertinent to this appeal as set forth in appellant's directions to the clerk and for which payment was made. The clerk shall transmit the record within ten (10) days from the date of this order.
|
|
| Docket Date |
2023-07-20
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Marc Weinberger
|
|
| Docket Date |
2023-07-10
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Notice filed by the clerk of the lower tribunal on June 27, 2023, it is ORDERED that appellant shall file a report, within ten (10) days from the date of this order, as to the status of the payment for the record on appeal.
|
|
| Docket Date |
2023-06-27
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF INABILITY TO TRANSMIT THE RECORD
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-06-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ ANDMOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF
|
| On Behalf Of |
Marc Weinberger
|
|
| Docket Date |
2023-06-12
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Marc Weinberger
|
|
| Docket Date |
2023-05-24
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED**ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before June 5, 2023, 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 |
2023-04-25
|
| Type |
Order
|
| Subtype |
Order Requiring Corporation/Entity to Obtain Counsel
|
| Description |
ORD-Corporation must be Represented by Atty-w/d ~ ORDERED that the April 4, 2023 motion of The Amir Law Firm, P.A. for leave to withdraw as counsel for appellee 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 appellee 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 |
2023-04-04
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
ENB Properties, 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.
|
|
| Docket Date |
2022-12-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ OUT-OF-TIME RESPONSE TO THE COURT'SDECEMBER 5, 2022 ORDER TO SHOW CAUSE
|
| On Behalf Of |
Marc Weinberger
|
|
| Docket Date |
2022-12-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
ENB Properties, LLC
|
|
| Docket Date |
2022-12-06
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
ENB Properties, LLC
|
|
| Docket Date |
2022-12-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that this court’s November 23, 2022 order is discharged. Further,ORDERED that appellant's December 5, 2022 motion for extension of time is granted, and appellant shall serve the initial brief within sixty (60) 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 |
2022-12-05
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ AND RESPONSE
|
| On Behalf Of |
Marc Weinberger
|
|
| Docket Date |
2022-12-02
|
| Type |
Order
|
| Subtype |
Order on Request for Emergency Treatment
|
| Description |
Denying Request for Emergency Treatment ~ ORDERED that the appellant's November 30, 2022 request for emergency treatment is denied. "[A]n 'emergency' is a matter of extreme urgency that requires immediate action by this Court in order to avoid imminent, irreparable, and material harm." Admin. Order No. 2014-1. Dispossession of property and the threat of foreclosure do not constitute irreparable harm. See generally Baker v. Frick, 154 So. 846, 846 (Fla. 1934); Rsrv. at Wedgefield Homeowners’ v. Dixon, 948 So. 2d 65, 67–68 (Fla. 5th DCA 2007) (holding that the threat of foreclosure proceedings and potential loss of property does not constitute irreparable harm). 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 |
2022-11-30
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending ~ w/4D22-3027
|
| On Behalf Of |
Marc Weinberger
|
|
| Docket Date |
2022-11-30
|
| Type |
Motions Other
|
| Subtype |
Request for Emergency Treatment
|
| Description |
Request for Emergency Treatment
|
| On Behalf Of |
Marc Weinberger
|
|
| Docket Date |
2022-11-23
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief/Apdx ~ **DISCHARGED**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 and appendix have not been filed with this court as of this date, pursuant to Florida Rule of Appellate Procedure 9.130(e). Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief and appendix are filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2022-11-21
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Marc Weinberger
|
|
| Docket Date |
2022-11-21
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ ORDER APPEALED
|
| On Behalf Of |
Marc Weinberger
|
|
| Docket Date |
2022-11-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-11-01
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| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
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| On Behalf Of |
Marc Weinberger
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|
| Docket Date |
2022-11-01
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
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|
| Docket Date |
2022-11-01
|
| 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.
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KAREN WEINBERGER and MARC WEINBERGER VS ENB PROPERTIES, LLC
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4D2022-2619
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2022-09-16
|
Closed
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|
| 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.
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|
| 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.
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|
| 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.
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|
| 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.
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|
| 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.
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|
| 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.
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