| Docket Date |
2023-02-13
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD E-FILING
|
|
| Docket Date |
2023-02-13
|
| Type |
Mandate
|
| Subtype |
Notice Memorandum
|
| Description |
Notice Memorandum
|
|
| Docket Date |
2023-01-23
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Lakeview Loan Servicing, LLC.
|
|
| Docket Date |
2023-01-20
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Dismissing Appeal
|
|
| Docket Date |
2023-01-20
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk ~ FAILURE TO PROSECUTE
|
|
| Docket Date |
2023-01-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2022-12-15
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Notice Non-Compliant Initial Brief ~ The initial brief filed by the Appellant on December 5, 2022, fails to comply with Florida Rule of Appellate Procedure 9.045, 9.210, or 9.420 or Florida Rules of General Practice and Judicial Administration 2.420, 2.515, or 2.516. The initial brief:exceeds the applicable word count or lacks a certification of word count, if computer-generatedWithin 10 days of this order, Appellant may serve a complete amended initial brief that complies with the above rules. The brief should be clearly designated as "amended." Substitute pages will not be accepted. Alternatively, Appellant may file a response that shows cause why the initial brief cannot be corrected. Failure to comply with this order may result in imposition of sanctions, which may include dismissal of the case. See Fla. R. App. P. 9.410. Upon the filing of a compliant amended initial brief, this Court will issue an order that discharges this order. The time for service of any authorized responsive brief will be 30 days from the date of the order discharging this order.
|
|
| Docket Date |
2022-12-15
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
SC-Failure to Comply w/Order-Appeals ~ Within 10 days of the date of this order, the appellant shall comply with this Court's order dated November 14, 2022, requiring appellant to ensure the filing of the record on appeal. Alternatively, the appellant may file a response showing cause why this appeal should not be dismissed for failure to comply with the order dated November 14, 2022. Failure to timely comply with this order will result in dismissal of this case without further opportunity to be heard. Fla. R. App. P. 9.410.
|
|
| Docket Date |
2022-12-05
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Cedric & Candy Real Estate, LLC
|
|
| Docket Date |
2022-12-05
|
| Type |
Notice
|
| Subtype |
Notice of Inability
|
| Description |
Notice of Inability
|
|
| Docket Date |
2022-11-14
|
| Type |
Order
|
| Subtype |
Show Cause for Brief or Record on Appeal
|
| Description |
Initial Brf & Rcd - 20-Day SC or Dismiss ~ Appellant has failed to timely file the initial brief and the record on appeal has not been transmitted to this Court by the lower tribunal clerk. Within 20 days from the date of this order, appellant shall file the initial brief and ensure that the lower tribunal clerk transmits the record on appeal. Alternatively, appellant may show cause why this appeal should not be dismissed for failure to comply with the rules and orders of this Court. The failure to timely comply with this order will result in dismissal of this case without further opportunity to be heard. Fla. R. App. P. 9.410.
|
|
| Docket Date |
2022-10-06
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Acknowledgment of Service List ~ The Amended Notice of Appearance filed by counsel for the Appellee on October 3, 2022, providing e-mail addresses, is acknowledged. However, in addition to filing such notice, counsel of record are responsible for ensuring their primary and/or secondary e-mail addresses under their profile in the Florida Courts E-Filing Portal and eDCA are consistent with the filed notice in order to receive e-mailed notification (Casemail) from the court. Profiles for eDCA users may be updated by clicking on the “My Profile” link and clicking the “Submit” button after making the desired changes.
|
|
| Docket Date |
2022-10-06
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
Withdrawal and Appearance of Counsel ~ The amended notice of substitution of counsel docketed on October 3, 2022, is treated, in part, as a motion to withdraw under Florida Rule of Appellate Procedure 9.440, and is granted. See Fla. R. App. P. 9.010 (providing that appellate rules shall supersede all conflicting rules of procedure); see also Fla. R. Gen. Prac. & Jud. Admin. 2.130 (providing that appellate rules prevail to the extent they conflict with administration rules). Kelly A. Chida shall have no further responsibility in this case. Thomas A. Valdez and Megan G. Golter for Lakeview Loan Servicing, LLC shall be treated as entering an appearance pursuant to Florida Rule of General Practice and Judicial Administration 2.505(e)(2) and is now counsel of record for Appellee.
|
|
| Docket Date |
2022-10-03
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ AMENDED
|
| On Behalf Of |
Lakeview Loan Servicing, LLC.
|
|
| Docket Date |
2022-09-27
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
Discharge Show Cause Ord Based on Resp ~ In consideration of Appellant’s response, filed on September 6, 2022, the Court hereby discharges the show cause order of August 26, 2022. This appeal shall proceed only on the portion of the order denying the motion to quash. See Fla. R. App. P. 9.130(a)(3)(C)(i); Chapman v. Sheffield, 750 So. 2d 140, 142 (Fla. 1st DCA 2000) (“[A]n order on a motion to quash service of process is one that determines personal jurisdiction.” (citations omitted)); Dawkins, Inc. v. Huff, 836 So. 2d 1062, 1065 (Fla. 5th DCA 2003) (“An order on a motion to set aside a clerk’s default is not an appealable, non-final order under Florida Rule of Appellate Procedure 9.130(a)(3).” (citation omitted)).
|
|
| Docket Date |
2022-09-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE
|
| On Behalf Of |
Cedric & Candy Real Estate, LLC
|
|
| Docket Date |
2022-08-26
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Non-Appealable Civil Order (Rule 9.130) ~ DISCHARGED 9/27
|
|
| Docket Date |
2022-08-04
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Lakeview Loan Servicing, LLC.
|
|
| Docket Date |
2022-08-04
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
SC-Failure to Comply w/Order-Appeals ~ Within 10 days of the date of this order, the appellant shall comply with this Court's order dated June 27, 2022, requiring appellant to pay the filing fee of $300.00 within 20 days. Alternatively, the appellant may file a response showing cause why this appeal should not be dismissed for failure to comply with the order dated June 27, 2022. Failure to timely comply with this order will result in dismissal of this case without further opportunity to be heard. Fla. R. App. P. 9.410.
|
|
| Docket Date |
2022-08-02
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement
|
| On Behalf Of |
Cedric & Candy Real Estate, LLC
|
|
| Docket Date |
2022-06-27
|
| Type |
Order
|
| Subtype |
Filing Fee Due
|
| Description |
20-Day Pay Fee ($300) ~ The appellant/petitioner has failed to tender the required $300.00 filing fee per Section 35.22(2)(a), Florida Statutes (2018), and Florida Rule of Appellate Procedure 9.110(b). The appellant/petitioner is hereby directed to pay the $300 filing fee within 20 days of this order. Failure to comply with this order will result in the dismissal of this cause without further opportunity to be heard. Florida Rule of Appellate Procedure 9.410.
|
|
| Docket Date |
2022-06-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2022-06-21
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Appeal Transmittal Form
|
| On Behalf Of |
Cedric & Candy Real Estate, LLC
|
|
| Docket Date |
2022-06-21
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Notice of Appeal / Acknowledgement letter ~ Notice of Appeal from the lower tribunal reflecting a filing date of June 16, 2022.
|
|
| Docket Date |
2022-12-22
|
| 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 |
2022-07-22
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Electronic Docketing Statement ~ Appellant has failed to timely efile a completed electronic docketing statement via the Florida Courts E-Filing Portal as required by the Court. A fillable form version of the Docketing Statement is available via a link on the “Documents” tab of the Portal or on this Court’s website at HYPERLINK "https://www.1dca.org/Resources/General-Information" https://www.1dca.org/Resources/General-Information. Failure to file a completed docketing statement within 10 days from the date hereof may result in the imposition of sanctions, including dismissal of the appeal without further opportunity to be heard. Florida Rule of Appellate Procedure 9.410.
|
|
