|
ABIMBOLA ORUKOTAN VS IMPERIAL FUND I, LLC and BIM'S INVESTMENTS, LLC
|
4D2022-0468
|
2022-02-15
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19-003280
|
Parties
| Name |
Abimbola Orukotan *P*
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
BIM'S INVESTMENTS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
IMPERIAL FUND I, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Brian Kowal, Harris S. Howard
|
|
| Name |
Hon. Fabienne E. Fahnestock
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-04-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that no response was filed to this Court's March 29, 2022 order to show cause regarding sanctions. We reject the notice of voluntary dismissal that Petitioner filed on April 11, 2022 attempting to close this proceeding and avoid sanctions. Petitioner's March 23, 2022 motion of rehearing is denied.Petitioner has voluntarily dismissed three of the five other cases referenced in the order to show cause (4D21-2713, 4D21-3097, and 4D22-283). Case numbers 4D22-468 and 4D21- 2809 are dismissed as a sanction for Petitioner's abusive and frivolous filing and for failure to respond to this Court's order to show cause.Petitioner never responded to this Court's February 17, 2022 untimeliness order in 4D22-468 so that case is subject to dismissal as untimely as well.The Clerk of this Court is directed to no longer accept any paper filed by Petitioner unless the document has been reviewed and signed by a member in good standing of the Florida Bar who certifies that a good faith basis exists for each claim presented. See Johnsonv. Bank of New York Mellon Tr. Co., 136 So. 3d 507, 508 (Fla. 2014); Riethmiller v. Riethmiller,133 So. 3d 926 (Fla. 2013); May v. Barthet, 934 So. 2d 1184, 1186 (Fla. 2006) (imposing sanctions on abusive pro se filers such as Petitioner).Served:cc: Ashley MoodyFlorida Department of StateCharles T. Canady Abimbola OrukotanHarold Fernandez Pryor, Jr. Lynn Stoner, Mayorkr
|
|
| Docket Date |
2022-04-18
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2022-04-04
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (570 PAGES)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-02-17
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
ORD-For Untimely Filing of Notice of Appeal-LT ~ The court has received the Notice of Appeal in the above-styled case and finds, from the face of the Notice, that the appeal appears to be untimely filed. The Notice was filed in the Lower Tribunal on February 15, 2022, and the Notice reflects January 11, 2022, as the date of the order being appealed.ORDERED that appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order(s) being appealed and any subsequent orders which tolled the time for the filing of the Notice of Appeal. Said orders must reflect the time/date stamp so that timeliness can be determined.ORDERED that failure to comply with this order will result in the sua sponte dismissal of the above-styled case as being an untimely appeal.
|
|
| Docket Date |
2022-02-16
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-02-15
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-02-15
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ **Indigent per 21-2713**
|
| On Behalf Of |
Abimbola Orukotan *P*
|
|
|
|
ABIMBOLA ORUKOTAN VS BIM'S INVESTMENTS, LLC
|
4D2021-3097
|
2021-10-29
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19-003280
|
Parties
| Name |
Abimbola Orukotan *P*
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
BIM'S INVESTMENTS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Harris Howard, Brian Kowal
|
|
| Name |
Hon. Andrea Gundersen
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
9999-01-07
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ **CASES 4D21-2713 AND 4D21-3097 ARE CONSOLIDATED FOR ALL PURPOSES AND SHALL PROCEED UNDER CASE 4D21-2713. SEE 01/07/2022 ORDER.**
|
|
| Docket Date |
2022-04-11
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2022-04-11
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Abimbola Orukotan *P*
|
|
| Docket Date |
2022-04-11
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ ORDERED that this court’s March 29, 2022 order to show cause is discharged. Further,Pursuant to the April 11, 2022 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2022-03-29
|
| 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 |
2022-02-01
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-02-01
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 552 PAGES (PAGES 1-525)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-01-28
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Abimbola Orukotan *P*
|
|
| Docket Date |
2022-01-28
|
| 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 appellant’s January 28, 2022 status report.
|
|
| Docket Date |
2022-01-25
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ ORDERED that appellant is directed to show cause in writing, if any there be, within five (5) days from the date of this order, why the above-styled case should not be dismissed or other sanctions imposed for failure to comply with this court's January 12, 2022 order requiring a status report as to the payment for and preparation of the record on appeal to be filed with this court. If the status report is filed within this five (5) day period, this order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2022-01-12
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the affidavit of non-payment of appeal invoice filed by the clerk of the lower tribunal on October 28, 2021, it is ORDERED that appellant 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 |
2022-01-07
|
| Type |
Disposition by Order
|
| Subtype |
Granted in Part/Denied in Part
|
| Description |
ORD-Grant in Part/Deny in Part ~ ORDERED that appellant's November 18, 2021 "motion to correct clerk's error and consolidate cases" is granted in part, and the above-styled case numbers are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110 and shall proceed under case number 4D21-2713. Appellant shall file a consolidated brief addressing the issues in both cases. Further,ORDERED that appellant’s motion to correct clerk's error is denied.
|
|
| Docket Date |
2021-12-20
|
| Type |
Order
|
| Subtype |
Order on Motion For Review
|
| Description |
Order Denying Motion For Review ~ ORDERED that appellant’s November 15, 2021 motion for review is denied. See Fla. R. App. P. 9.310(f) (“Review of orders entered by lower tribunals under this rule shall be by the court on motion.”).
|
|
| Docket Date |
2021-12-14
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (545 PAGES)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-11-18
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ AND CORRET CASE STYLE
|
| On Behalf Of |
Abimbola Orukotan *P*
|
|
| Docket Date |
2021-11-15
|
| Type |
Motions Other
|
| Subtype |
Motion For Review
|
| Description |
Motion For Review
|
| On Behalf Of |
Abimbola Orukotan *P*
|
|
| Docket Date |
2021-11-15
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION FOR REVIEW
|
| On Behalf Of |
Abimbola Orukotan *P*
|
|
| Docket Date |
2021-11-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-10-29
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigent Status
|
|
| Docket Date |
2021-10-29
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Abimbola Orukotan *P*
|
|
|
|
ABIMBOLA ORUKOTAN VS IMPERIAL FUND I, LLC and BIM'S INVESTMENTS, LLC
|
4D2021-2713
|
2021-09-21
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19-003280
|
Parties
| Name |
Abimbola Orukotan *P*
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
BIM'S INVESTMENTS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
IMPERIAL FUND I, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Harris Howard
|
|
| Name |
Hon. Andrea Gundersen
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-12-03
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Order Denying Stay ~ ORDERED that appellant's November 1, 2021 motion to stay is denied.
|
|
| Docket Date |
9999-01-07
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ **CASES 4D21-2713 AND 4D21-3097 ARE CONSOLIDATED FOR ALL PURPOSES AND SHALL PROCEED UNDER CASE 4D21-2713. SEE 01/07/2022 ORDER.**
|
|
| Docket Date |
2022-04-11
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ ORDERED that this court’s March 29, 2022 order to show cause is discharged. Further,Pursuant to the April 11, 2022 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2022-04-11
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Abimbola Orukotan *P*
|
|
| Docket Date |
2022-04-11
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2022-03-29
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED 04/11/2022** 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 |
2022-02-01
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 552 PAGES (PAGES 1-525)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-02-01
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-01-28
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Abimbola Orukotan *P*
|
|
| Docket Date |
2022-01-28
|
| 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 appellant’s January 28, 2022 status report.
|
|
| Docket Date |
2022-01-25
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ ORDERED that appellant is directed to show cause in writing, if any there be, within five (5) days from the date of this order, why the above-styled case should not be dismissed or other sanctions imposed for failure to comply with this court's January 12, 2022 order requiring a status report as to the payment for and preparation of the record on appeal to be filed with this court. If the status report is filed within this five (5) day period, this order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2022-01-12
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the affidavit of non-payment of appeal invoice filed by the clerk of the lower tribunal on October 28, 2021, it is ORDERED that appellant 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 |
2022-01-07
|
| Type |
Disposition by Order
|
| Subtype |
Granted in Part/Denied in Part
|
| Description |
ORD-Grant in Part/Deny in Part ~ ORDERED that appellant's November 18, 2021 "motion to correct clerk's error and consolidate cases" is granted in part, and the above-styled case numbers are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110 and shall proceed under case number 4D21-2713. Appellant shall file a consolidated brief addressing the issues in both cases. Further,ORDERED that appellant’s motion to correct clerk's error is denied.
|
|
| Docket Date |
2021-12-09
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellees are directed to respond, within ten (10) days from the date of this order, to appellant’s November 18, 2021 “motion to correct clerk’s error and consolidate cases.”
|
|
| Docket Date |
2021-11-18
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ AND CORRECT CASE STYLE
|
| On Behalf Of |
Abimbola Orukotan *P*
|
|
| Docket Date |
2021-11-01
|
| Type |
Motions Other
|
| Subtype |
Request for Emergency Treatment
|
| Description |
Request for Emergency Treatment
|
| On Behalf Of |
Abimbola Orukotan *P*
|
|
| Docket Date |
2021-11-01
|
| Type |
Order
|
| Subtype |
Order on Request for Emergency Treatment
|
| Description |
Denying Request for Emergency Treatment ~ ORDERED that the appellant’s November 1, 2021 request for emergency treatment 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 |
2021-10-29
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigent Status
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-10-28
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-10-28
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
|
| On Behalf Of |
Abimbola Orukotan *P*
|
|
| Docket Date |
2021-10-27
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending ~ **STRICKEN**
|
| On Behalf Of |
Abimbola Orukotan *P*
|
|
| Docket Date |
2021-10-27
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant's October 27, 2021 “notice of related case or issue” is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service is insufficient. You are notified of the requirement to serve the appellees with a copy of everything you file with this court and to indicate in the certificate of service that you served the appellees.Appellant may re-file the document with a proper certificate of service which indicates service on the appellees within fifteen (15) days from the date of this order.
|
|
| Docket Date |
2021-10-26
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Misc. LT pleadings ~ NOTICE OF LIS PENDENS
|
| On Behalf Of |
Abimbola Orukotan *P*
|
|
| Docket Date |
2021-09-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-09-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
| Docket Date |
2021-09-21
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ Indigent per 19-3616
|
| On Behalf Of |
Abimbola Orukotan *P*
|
|
| Docket Date |
2021-10-28
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that, within two (2) days from the date of this order, appellant/petitioner shall remove this court’s Chief Judge and Clerk from the Florida Courts E-Filing Portal (the “Portal”) service list for this case. Appellant/petitioner is also directed to cease the practice of personally serving the judges, Clerk, and other court personnel with documents he is filing with this court through the Portal. It is inappropriate and unauthorized under the rules of procedure to serve judges through the Portal with court filings. Appellant/petitioner is advised that all documents he files with the court through the Portal will be considered in due course. Failure to comply with this order may result in sanctions.
|
|
|
|
ABIMBOLA ORUKOTAN VS IMPERIAL FUND I, LLC and BIM'S INVESTMENT, LLC
|
4D2020-2383
|
2020-11-02
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19-003566
|
Parties
| Name |
Abimbola Orukotan *P*
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
IMPERIAL FUND I, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Harris Howard
|
|
| Name |
BIM'S INVESTMENTS, LLC
|
| 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 |
2020-12-16
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ Upon consideration of appellant’s November 18, 2020 jurisdictional brief, it is ORDERED that the above-styled appeal is dismissed as the order appealed merely reschedules a foreclosure sale. Pridgen v. First Union Bank, 879 So. 2d 21 (Fla. 2d DCA 2004) ("An order that merely schedules a foreclosure sale is not a final appealable order."). Further,ORDERED that appellant’s November 19, 2020 request for judicial notice is determined to be moot.WARNER, MAY and GERBER, JJ., concur.
|
|
| Docket Date |
2020-12-16
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2020-12-10
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2020-11-19
|
| Type |
Motions Other
|
| Subtype |
Motion/Request for Judicial Notice
|
| Description |
Motion/Request for Judicial Notice
|
| On Behalf Of |
Abimbola Orukotan *P*
|
|
| Docket Date |
2020-11-18
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
LT Certificate of Indigency
|
| On Behalf Of |
Abimbola Orukotan *P*
|
|
| Docket Date |
2020-11-18
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Abimbola Orukotan *P*
|
|
| Docket Date |
2020-11-06
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that within ten (10) days from the date of this order appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how "order granting plaintiff's motion to reset foreclosure sale" is an appealable order. Pridgen v. First Union Bank, 879 So. 2d 21 (Fla. 2d DCA 2004) ("An order that merely schedules a foreclosure sale is not a final appealable order."); furtherAppellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2020-11-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-11-03
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se civil appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of the entry of this order. 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 Circuit Court within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The Clerk of the Circuit Court shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2020-11-02
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Abimbola Orukotan *P*
|
|
| Docket Date |
2020-11-02
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
|
|
ABIMBOLA ORUKOTAN VS IMPERIAL FUND I, LLC and BIM'S INVESTMENT, LLC
|
4D2020-2382
|
2020-11-02
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19-003280
|
Parties
| Name |
Abimbola Orukotan *P*
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
IMPERIAL FUND I, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Harris Howard
|
|
| Name |
BIM'S INVESTMENTS, LLC
|
| 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 |
2020-12-17
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigent Status
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2020-12-16
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2020-12-16
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ Upon consideration of appellant’s November 18, 2020 jurisdictional brief, it is ORDERED that the above-styled appeal is dismissed as the order appealed merely reschedules a foreclosure sale. Pridgen v. First Union Bank, 879 So. 2d 21 (Fla. 2d DCA 2004) ("An order that merely schedules a foreclosure sale is not a final appealable order."). Further,ORDERED that appellant’s November 19, 2020 request for judicial notice is determined to be moot.WARNER, MAY and GERBER, JJ., concur.
|
|
| Docket Date |
2020-11-19
|
| Type |
Motions Other
|
| Subtype |
Motion/Request for Judicial Notice
|
| Description |
Motion/Request for Judicial Notice
|
| On Behalf Of |
Abimbola Orukotan *P*
|
|
| Docket Date |
2020-11-18
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
LT Certificate of Indigency
|
| On Behalf Of |
Abimbola Orukotan *P*
|
|
| Docket Date |
2020-11-18
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Abimbola Orukotan *P*
|
|
| Docket Date |
2020-11-06
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that within ten (10) days from the date of this order appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how "order granting plaintiff's motion to reset foreclosure sale" is an appealable order. Pridgen v. First Union Bank, 879 So. 2d 21 (Fla. 2d DCA 2004) ("An order that merely schedules a foreclosure sale is not a final appealable order."); furtherAppellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2020-11-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-11-03
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se civil appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of the entry of this order. 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 Circuit Court within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The Clerk of the Circuit Court shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2020-11-02
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
| Docket Date |
2020-11-02
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Abimbola Orukotan *P*
|
|
|
