| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502022CA003791XXX
|
Parties
| Name |
MANATEE LIEN AND INVESTMENTS, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Raymond Carrero
|
|
| Name |
Clarence A. Bednar
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Christine Lankey Hall
|
|
| Name |
Real Prop Holdings, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Rachel Mendes Coe
|
|
| Name |
FREEDOM MORTGAGE CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Peter Morris Armold
|
|
| Name |
Richard Lee Oftedal
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-09-11
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| View |
View File
|
|
| Docket Date |
2024-08-14
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Initial Brief
|
| View |
View File
|
|
| Docket Date |
2024-08-05
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Appellant's Motion to File Amended Initial Brief, Waiving Certain Arguments
|
|
| Docket Date |
2024-08-02
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| View |
View File
|
|
| Docket Date |
2024-07-16
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
**AMENDED** Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-07-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDERED that Appellant's July 10, 2024 motion for extension of time is granted, and Appellant shall serve the initial brief on or before August 3, 2024. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
| View |
View File
|
|
| Docket Date |
2024-07-11
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
|
| Docket Date |
2024-05-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order on Motion for Extension of Time to Serve Initial Brief
|
| View |
View File
|
|
| Docket Date |
2024-05-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
|
| Docket Date |
2024-05-20
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion For Substitution of Counsel
|
| Description |
Motion For Substitution of **STIPULATION**
|
|
| Docket Date |
2024-04-03
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Initial Brief
|
| Description |
30 DAYS TO 6/3/24
|
|
| Docket Date |
2024-04-03
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
|
| Docket Date |
2024-04-03
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal--174 PAGES
|
| On Behalf Of |
Palm Beach Clerk
|
|
| Docket Date |
2024-02-28
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| View |
View File
|
|
| Docket Date |
2024-02-27
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2024-02-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-02-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-08-06
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORDERED that Appellant's initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.210 in that it does not contain a certificate of compliance which certifies that the brief complies with the requirements of Florida Rules of Appellate Procedure 9.045 and 9.210, the table of contents does not contain headings/subheadings that identify the issues presented for review and the table of contents does not contain references to the pages on which each issue presented for review is argued. Further,
ORDERED that Appellant's August 2, 2024 initial brief and August 5, 2024 motion to file amended initial brief, waiving certain arguments are stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that they are computer-generated documents which do 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."). Amended documents in compliance with the rules shall be filed within ten (10) days from the date of this order. The time for any responsive briefing shall be tolled until service of this amended brief
|
| View |
View File
|
|
| Docket Date |
2024-05-21
|
| Type |
Order
|
| Subtype |
Order on Motion For Substitution of Counsel
|
| Description |
Order on Motion For Substitution of Counsel
|
| View |
View File
|
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE22-008719
|
Parties
| Name |
MANATEE LIEN AND INVESTMENTS, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
William A. Treco
|
|
| Name |
13853 PINES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Rosana Narvaez, Steven Elias Gurian, Holiday Hunt Russell, Rachel Mendes Coe
|
|
| Name |
Hon. Marina Garcia-Wood
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-07-26
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2023-07-26
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the July 24, 2023 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2023-07-24
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Manatee Lien and Investments, LLC
|
|
| Docket Date |
2023-06-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ OPPOSITION TO MOTION TO TREAT APPEAL AS A PETITION FOR WRIT OF CERTIORARI AND FOR ENLARGEMENT OF TIME TO FILE PETITION
|
| On Behalf Of |
13853 Pines, LLC
|
|
| Docket Date |
2023-06-13
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ ***PROPOSED***
|
| On Behalf Of |
Manatee Lien and Investments, LLC
|
|
| Docket Date |
2023-06-13
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ **PROPOSED**
|
| On Behalf Of |
Manatee Lien and Investments, LLC
|
|
| Docket Date |
2023-06-09
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellee is directed to respond, within fifteen (15) days from the date of this order, to appellant’s May 17, 2023 “motion to treat appeal as a petition for writ of certiorari and to provide a reasonable enlargment of time to file petition.”
|
|
| Docket Date |
2023-05-17
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO TREAT APPEAL AS A PETITION FOR WRIT OF CERTIORARI AND TO PROVIDE A REASONABLE ENLARGMENT OF TIME TO FILE PETITION
|
| On Behalf Of |
Manatee Lien and Investments, LLC
|
|
| Docket Date |
2023-05-15
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Manatee Lien and Investments, LLC
|
|
| Docket Date |
2023-05-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-06-29
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
13853 Pines, LLC
|
|
| Docket Date |
2023-07-13
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ Upon consideration of the intervening party's June 23, 2023 response, it is ORDERED that appellant's May 17, 2023 motion to treat appeal as petition for writ of certiorari and for extension of time to file petition is denied. The proposed petition and appendix filed June 13, 2023, are stricken from the docket. Further, 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 April 13, 2023 order is a final or nonfinal appealable order, as it appears that further judicial labor is pending as to mediation and setting an evidentiary hearing on the unresolved motion to vacate void foreclosure judgment and motion to vacate foreclosure sale. Fla. R. App. P. 9.110, 9.130; Caufield v. Cantele, 837 So. 2d 371, 375 (Fla. 2002) (finding that a final judgment is one which ends the litigation between the parties and disposes of all issues involved such that no further action by the court will be necessary); S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97, 99 (Fla. 1974) (“Generally, the test employed by the appellate court to determine finality of an order, judgment or decree is whether the order in question constitutes an end to the judicial labor in the cause, and nothing further remains to be done by the court to effectuate a termination of the cause as between the parties directly affected.”); Clearwater Fed. Sav. & Loan Ass'n v. Sampson, 336 So. 2d 78, 79 (Fla. 1976) ("Where an order after judgment is dispositive of any question, it becomes a final post decretal order. To the extent that it completes the judicial labor on that portion of the cause after judgment, it becomes final as to that portion and should be treated as a final judgment[.]"). Further,Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2023-05-15
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee 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 that 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 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. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
|
|
| Docket Date |
2023-05-15
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
| On Behalf Of |
Manatee Lien and Investments, LLC
|
|
|
