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AMERIFUND EQUITY GROUP, Appellant(s) v. VILLAS AT REUNION SQUARE CONDO ASSOCIATION, INC., GLOBAL ENTERPRISE SOLUTIONS, LLC, DYNAFIRE LLC AND ALL UNKNOWN TENANTS/OWNERS, Appellee(s).
|
6D2024-1865
|
2024-09-03
|
Open
|
|
| Classification |
NOA Final - County Civil - Other
|
| Court |
6th District Court of Appeal
|
| Originating Court |
County Court for the Ninth Judicial Circuit, Osceola County
2023 CC 3389
|
Parties
| Name |
AMERIFUND EQUITY GROUP LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Kevin Joseph Loftus
|
|
| Name |
VILLAS AT REUNION SQUARE CONDO ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Eryn Marie McConnell
|
|
| Name |
GLOBAL ENTERPRISE SOLUTIONS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Benjamin Haynes
|
|
| Name |
DYNAFIRE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Cynthia Fussell O'Donnell
|
|
| Name |
UNKONWN TENANTS/OWNERS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
NATIONWIDE ESTATES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Anthony Nestor Legendre, II
|
|
| Name |
Hon. Gabrielle N. Sanders-Morency
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Osceola Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-18
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
Appellee Nationwide Estates, LLC's "motion dismiss, or in the alternative, motion to excuse appellee/third-party purchaser, Nationwide Estates, LLC from participating in this action" is granted to the extent that Nationwide Estates, LLC is dismissed as a party from this appeal.
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| View |
View File
|
|
| Docket Date |
2024-11-04
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Third Party Purchaser's Motion to Dismiss
|
| On Behalf Of |
AMERIFUND EQUITY GROUP
|
|
| Docket Date |
2024-10-28
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Mediation having concluded, the respondents shall serve a response to the motion to dismiss within ten days from the date of this order.
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| View |
View File
|
|
| Docket Date |
2024-10-21
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
UNKNOWN TENANTS MAIL RETURNED. NO GOOD ADDRESS
|
|
| Docket Date |
2024-10-07
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
MOTION TO DISMISS, OR IN THE ALTERNATIVE, MOTION TO
EXCUSE APPELLEE/THIRD-PARTY PURCHASER, NATIONWIDE
ESTATES, LLC FROM PARTICIPATING IN THIS ACTION
|
| On Behalf Of |
NATIONWIDE ESTATES, LLC
|
|
| Docket Date |
2024-09-03
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
AMERIFUND EQUITY GROUP
|
| View |
View File
|
|
| Docket Date |
2024-09-03
|
| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
|
| Docket Date |
2024-09-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-09-03
|
| Type |
Notice
|
| Subtype |
Appeal
|
| Description |
Notice of Appeal WITH ORDER
|
| On Behalf Of |
AMERIFUND EQUITY GROUP
|
| View |
View File
|
|
| Docket Date |
2024-12-31
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
SANDERS-MORENCY - 302 PAGES
|
| On Behalf Of |
Osceola Clerk
|
|
| Docket Date |
2024-12-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Appellant's motion for extension of time to serve initial brief is granted. The initial brief shall be served within thirty days from the date of this order.
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| View |
View File
|
|
| Docket Date |
2024-12-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
| On Behalf Of |
AMERIFUND EQUITY GROUP
|
|
| Docket Date |
2024-10-17
|
| Type |
Order
|
| Subtype |
Order Declining Referral to Mediation
|
| Description |
This Court has reviewed the Mediation Questionnaire and related materials submitted by the parties and has determined that the instant appeal is not appropriate for mediation. Accordingly, the ten-day time period for filing directions to the clerk and designations to the court reporter, the fifty-day time period for preparing the record and serving copies of the index, the sixty-day time period for filing the record on appeal, and the seventy-day time period for filing of Appellant's Initial Brief shall commence as of the date of this order.
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| View |
View File
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|
| Docket Date |
2024-10-04
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| Type |
Order
|
| Subtype |
Mediation Order to Counsel
|
| Description |
Pursuant to this court's order issued September 13, 2024, all parties were required to file mediation forms with this Court within 10 days of the date of that Order. At this time, Appellant's forms and Appellee's Mediation Questionnaire have not yet been received. Within 5 days from the date of this order, upload the required forms via the Statewide Florida Courts E-Filing Portal so that this case may timely proceed. Failure to timely comply may result in the imposition of sanctions.
Parties must visit the Court's website, https://6dca.flcourts.gov, to find the Mediation Questions & Answers, Mediation Questionnaire, and Confidential Statement Regarding Appropriateness of Appellate Mediation that must be completed and filed with the Court.
BE ADVISED THAT OPPOSING COUNSEL SHOULD NOT BE SERVED COPIES OF THE CONFIDENTIAL STATEMENT REGARDING APPROPRIATENESS OF APPELLATE MEDIATION. When filing the Confidential Statement through the Statewide Florida Courts E-Filing Portal, DO NOT CHECK "SERVE ALL." FAILURE TO ENSURE ALL BOXES FOR E-SERVICE ARE UNCHECKED WILL RESULT IN PARTIES BEING SERVED AND WAIVER OF CONFIDENTIALITY.
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| View |
View File
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|
| Docket Date |
2024-09-13
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| Type |
Order
|
| Subtype |
Mediation Letter to LT
|
| Description |
This case is now under consideration for appellate mediation, and a decision will be made shortly whether to order mediation. An order will be issued advising you of that decision. If mediation is ordered, the time for preparing the record will not begin to run until the mediation process is complete.
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| View |
View File
|
|
| Docket Date |
2024-09-03
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| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.
If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.
If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice."
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| View |
View File
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Amerifund Equity Group, Appellant(s) v. Paula Smiley, Sheryl Holder, et al. Appellee(s).
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1D2024-2252
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2024-09-03
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Open
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
1st District Court of Appeal
|
| Originating Court |
Circuit Court for the Fourteenth Judicial Circuit, Bay County
23-1404-CA
|
Parties
| Name |
AMERIFUND EQUITY GROUP LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Kevin Joseph Loftus
|
|
| Name |
Paula Smiley
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Brian Dean Hess, Christy M. Penton
|
|
| Name |
Sheryl Holder
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. William Scott Henry
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Bay Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-19
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Amerifund Equity Group
|
| View |
View File
|
|
| Docket Date |
2024-11-18
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
Order to Serve Brief
|
| View |
View File
|
|
| Docket Date |
2024-10-23
|
| Type |
Record
|
| Subtype |
Record on Appeal Redacted
|
| Description |
Record on Appeal Redacted-268 pages
|
| On Behalf Of |
Bay Clerk
|
|
| Docket Date |
2024-10-18
|
| Type |
Record
|
| Subtype |
Index
|
| Description |
Index
|
| On Behalf Of |
Bay Clerk
|
|
| Docket Date |
2024-09-11
|
| Type |
Event
|
| Subtype |
Fee Paid in Full
|
| Description |
Fee Paid in Full
|
| View |
View File
|
|
| Docket Date |
2024-09-11
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal/cert. serv.
|
| On Behalf Of |
Amerifund Equity Group
|
|
| Docket Date |
2024-09-10
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement
|
| On Behalf Of |
Amerifund Equity Group
|
|
| Docket Date |
2024-09-10
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2024-09-05
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-09-03
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Appeal Transmittal Form
|
|
| Docket Date |
2024-12-18
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief 46 days 02/03/25
|
| On Behalf Of |
Paula Smiley
|
|
| Docket Date |
2024-11-21
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
Order Discharging Show Cause Order
|
| View |
View File
|
|
| Docket Date |
2024-09-05
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
File amended NOA/cert. serv.
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| View |
View File
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Lawvestor, LLC and Samantha Ridge as assignees of Kathleen Stines, Douglas Sullivan, David Sulllivan, and Thomas Sullivan, Appellant(s) v. Amerifund Equity Group, Gull Aire Village Association, Inc., Estate Of Marilyn J. Sullivan, and East Winds Consulting, LLC, Appellee(s).
|
2D2024-1403
|
2024-06-17
|
Closed
|
|
| Classification |
NOA Final - County Civil - Foreclosure/RealProperty/Mortgage
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
County Court for the Sixth Judicial Circuit, Pinellas County
2022-CC-000319
|
Parties
| Name |
Kathleen Stines
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
LAWVESTOR LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Anthony Anderson Benton Dogali
|
|
| Name |
Samantha Ridge
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Anthony Anderson Benton Dogali
|
|
| Name |
Douglas Sullivan
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
David Sulllivan
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Thomas Sullivan
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
AMERIFUND EQUITY GROUP LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Kevin Joseph Loftus
|
|
| Name |
GULL AIRE VILLAGE ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Estate Of Marilyn J. Sullivan
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
East Winds Consulting, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Michael Justus Farrar
|
|
| Name |
Hon. John Carassas
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Pinellas Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-09-11
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
33 PAGES - REDACTED
|
| On Behalf Of |
Pinellas Clerk
|
|
| Docket Date |
2024-08-27
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Appellants' motion to supplement the record is granted, and Appellants shall make arrangements within 3 days with the clerk of the lower tribunal for the supplementation of the record with the items mentioned in the motion. The clerk shall transmit the supplemental record to this court within 25 days from the date of this order.
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| View |
View File
|
|
| Docket Date |
2024-08-26
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
90 - IB DUE 11/25/2024
|
| On Behalf Of |
Samantha Ridge
|
|
| Docket Date |
2024-08-26
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement Record
|
| On Behalf Of |
Samantha Ridge
|
|
| Docket Date |
2024-06-17
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
W/ORDER
|
| On Behalf Of |
Samantha Ridge
|
|
| Docket Date |
2024-12-02
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
Pursuant to the notice of voluntary dismissal filed herein, this appeal is dismissed.
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| View |
View File
|
|
| Docket Date |
2024-11-26
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Motion/Notice Voluntary Dismissal
|
| On Behalf Of |
Samantha Ridge
|
|
| Docket Date |
2024-08-05
|
| Type |
Record
|
| Subtype |
Record on Appeal Redacted
|
| Description |
CARASSAS - 173 PAGES
|
| On Behalf Of |
Pinellas Clerk
|
|
| Docket Date |
2024-06-17
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
Samantha Ridge
|
| View |
View File
|
|
| Docket Date |
2024-06-17
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes.
The attorney for Appellant shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding Appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.
If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
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| View |
View File
|
|
| Docket Date |
2024-06-17
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| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
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Amerifund Equity Group, Appellant(s), v. Reverse Mortgage Funding, LLC, The Estate of Betty Joe McLaren, Kim Ellen Ruckle, and Iva Johnson A/K/A Iva L. Buckans-Johnson, Appellee(s).
|
5D2023-1955
|
2023-06-06
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fourth Judicial Circuit, Duval County
2020-CA-4842
|
Parties
| Name |
AMERIFUND EQUITY GROUP LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Kevin J. Loftus
|
|
| Name |
Iva Johnson
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Kim Ellen Ruckle
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ASSET RECOVERY INC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Estate of Betty Jo McLaren
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Aaron K. Bowden
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Circuit Court Duval
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
REVERSE MORTGAGE FUNDING LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Richard M. Georges, Hastings Jones, Michael Farrar, Cherry Shaw Pollock, Dariel Abrahamy
|
|
Docket Entries
| Docket Date |
2024-08-07
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing En Banc
|
| Description |
Motion for Rehearing En Banc and Written Opinion and Certification
|
| On Behalf Of |
Amerifund Equity Group
|
|
| Docket Date |
2024-11-05
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-11-05
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-10-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing and Rehearing En Banc
|
| Description |
Order on Motion for Rehearing and Rehearing En Banc; MOT WRITTEN OPIN/CERTIFICATION DENIED; MOT REHEAR EN BANC DENIED
|
| View |
View File
|
|
| Docket Date |
2024-07-23
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
PER CURIAM AFFIRMED
|
| View |
View File
|
|
| Docket Date |
2024-01-09
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF PANEL ASSIGNMENT
|
|
| Docket Date |
2023-12-13
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Amerifund Equity Group
|
|
| Docket Date |
2023-11-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Grant EOT Reply Brief ~ MOT GRANTED; RB BY 12/12
|
|
| Docket Date |
2023-11-27
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
Amerifund Equity Group
|
|
| Docket Date |
2023-11-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Denied for Non-Service on Client ~ AA W/IN 5 DYS FILE AMENDED MOT EOT
|
|
| Docket Date |
2023-11-22
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
Amerifund Equity Group
|
|
| Docket Date |
2023-10-11
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 56 PAGES
|
| On Behalf Of |
Circuit Court Duval
|
|
| Docket Date |
2023-09-29
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Order Granting Motion to Supplement the Record ~ BY 10/23; AB W/I 10 DAYS
|
|
| Docket Date |
2023-09-07
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Amerifund Equity Group
|
|
| Docket Date |
2023-08-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Grant EOT for Initial Brief ~ RESPONSE ACKNOWLEDGED; CONCURRENT MOT EOT GRANTED; IB W/IN 15 DYS; OTSC DISCHARGED
|
|
| Docket Date |
2023-08-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PER 8/10 AND REQUEST FOR EOT
|
| On Behalf Of |
Amerifund Equity Group
|
|
| Docket Date |
2023-08-10
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ AA W/IN 10 DYS
|
|
| Docket Date |
2023-07-18
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 493 PAGES
|
| On Behalf Of |
Circuit Court Duval
|
|
| Docket Date |
2023-06-09
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
CASE FILING FEE PAID THROUGH PORTAL
|
| On Behalf Of |
Amerifund Equity Group
|
|
| Docket Date |
2023-06-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2023-06-06
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-06-06
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee - Civil appeal (300)
|
|
| Docket Date |
2023-06-06
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 5/31/2023
|
| On Behalf Of |
Amerifund Equity Group
|
|
| Docket Date |
2023-10-24
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ AMENDED AS TO CASE STYLE
|
| On Behalf Of |
Reverse Mortgage Funding, LLC
|
|
| Docket Date |
2023-09-18
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record ~ FOR AE, ASSET RECOVERY, INC.
|
| On Behalf Of |
Reverse Mortgage Funding, LLC
|
|
|
|
AMERIFUND EQUITY GROUP VS REVERSE MORTGAGE FUNDING, LLC, BETTY JO MCLAREN, KIM ELLEN RUCKLE, AND IVA JOHNSON
|
5D2023-1464
|
2023-04-18
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fourth Judicial Circuit, Duval County
2020-CA-004842
|
Parties
| Name |
AMERIFUND EQUITY GROUP LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Kevin J. Loftus
|
|
| Name |
Betty Jo McLaren
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Iva Johnson
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Kim Ellen Ruckle
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Michael Weatherly
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Circuit Court Duval
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
REVERSE MORTGAGE FUNDING LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Richard M. Georges, Michael Farrar, Dariel Abrahamy
|
|
Docket Entries
| Docket Date |
2023-04-18
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
| On Behalf Of |
Amerifund Equity Group
|
|
| Docket Date |
2023-04-18
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2023-04-18
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee - Civil appeal (300)
|
|
| Docket Date |
2023-06-07
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD E-FILED
|
|
| Docket Date |
2023-06-05
|
| Type |
Mandate
|
| Subtype |
Notice Memorandum
|
| Description |
Notice Memorandum
|
|
| Docket Date |
2023-05-17
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2023-05-16
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Dismissing Appeal
|
|
| Docket Date |
2023-05-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Denying EOT Rule 9.300(A) ~ AA W/IN 5 DYS FILE AMENDED MOT EOT
|
|
| Docket Date |
2023-05-03
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO FILE BRIEF STMT.
|
| On Behalf Of |
Amerifund Equity Group
|
|
| Docket Date |
2023-04-27
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ FILED BELOW 4/26/23
|
| On Behalf Of |
Amerifund Equity Group
|
|
| Docket Date |
2023-04-21
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ AA W/IN 10 DYS FILE BRIEF STMNT RE: COURT JURISDICTION; AE MAY FILE RESPONSE W/IN 10 DYS; NEITHER TO EXCEED 6 PGS
|
|
| Docket Date |
2023-04-19
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
ORD-AA to File Amended NOA ~ AA W/IN 10 DYS
|
|
| Docket Date |
2023-04-18
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 4/17/23
|
| On Behalf Of |
Amerifund Equity Group
|
|
|
|
EAST WINDS CONSULTING, LLC VS AMERIFUND EQUITY GROUP, ET AL.
|
2D2022-0785
|
2022-03-11
|
Closed
|
|
| Classification |
NOA Final - County Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
County Court for the Sixth Judicial Circuit, Pinellas County
2020CC-006763
|
Parties
| Name |
EAST WINDS CONSULTING, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
MICHAEL FARRAR, ESQ.
|
|
| Name |
SHANEKA MITCHELL
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ESTATE OF ZELPHIA A. LYLES
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ST. ANDREWS COVE II CONDOMINIUM ASSOCIATION, INC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
AMERIFUND EQUITY GROUP LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
KEVIN LOFTUS, ESQ., DANIEL J. GREENBERG, ESQ.
|
|
| Name |
HON. JOHN CARASSAS
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
PINELLAS CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-03-14
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-03-14
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-02-24
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Per Curiam Opinion
|
|
| Docket Date |
2022-12-13
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Remote
|
|
| Docket Date |
2022-11-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S RESPONSE TO SHOW CAUSE ORDER OF NOVEMBER 18, 2022
|
| On Behalf Of |
EAST WINDS CONSULTING, LLC
|
|
| Docket Date |
2022-11-18
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
ORD-TO SHOW CAUSE ~ Appellant shall show cause within ten days of the date of this order as to why this appeal should not be dismissed for lack of standing where the order on appeal is the order of disbursement in lower court case number 20-6763-CO to which appellant does not appear to be a party. See YHT & Associates, Inc. v. Nationstar Mortg. LLC, 177 So. 3d 641, 643 (Fla. 2d DCA 2015) ("The general rule is that a non-party is a 'stranger to the record' who cannot 'transfer jurisdiction to the appellate court.' " (quoting Barnett v. Barnett, 705 So. 2d 63, 64 (Fla. 4th DCA 1997))); Portfolio Investments Corp. v. Deutsche Bank Nat. Tr. Co., 81 So. 3d 534, 536 (Fla. 3d DCA 2012) ("Generally, a non-party in the lower tribunal is a 'stranger to the record' and, therefore, lacks standing to appeal an order entered by the lower tribunal."). Appellee shall have ten days following the filing of appellant's response to this order to file any reply it may have.
|
|
| Docket Date |
2022-10-13
|
| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
|
| Description |
OA Notice Video ~ This case is provisionally set for oral argument on TUESDAY, DECEMBER 13, 2022, at 11:00 A.M., before: Judge Stevan T. Northcutt, Judge Edward C. LaRose, Judge Anthony K. Black. The oral argument will be conducted by video conference. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to sign in by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument, the attorneys or parties will be notified by order no less than two weeks before the scheduled date. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.Within ten days from the date of this order, any attorney or party who will be presenting argument is requested to provide the Clerk of the Court with the email address where the video invitation should be sent and a telephone number. This information may be sent by email to 2dcaClerk@flcourts.org. The Clerk of the Court will provide each participant with connection instructions, including the opportunity for a test session, before the argument.
|
|
| Docket Date |
2022-08-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S REQUEST FOR ORAL ARGUMENT BY VIDEO
|
| On Behalf Of |
EAST WINDS CONSULTING, LLC
|
|
| Docket Date |
2022-08-16
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF NO OBJECTION
|
| On Behalf Of |
AMERIFUND EQUITY GROUP
|
|
| Docket Date |
2022-08-11
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Amended OA Request Permitted ~ A request for oral argument has been filed in this case. Within five days from the date of this order, any party may file a request that the argument be conducted by video. The manner of oral argument will be decided in the court's discretion. A video request must state the reason in support, and it must indicate that the requesting party has consulted opposing counsel and is authorized to represent that opposing counsel either has no objection or will file an objection. A party objecting to a request to conduct oral argument by video must file a response within five days after service of the request.
|
|
| Docket Date |
2022-08-10
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
EAST WINDS CONSULTING, LLC
|
|
| Docket Date |
2022-08-10
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
EAST WINDS CONSULTING, LLC
|
|
| Docket Date |
2022-07-22
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Grant Motion to Strike ~ Appellee’s motion to strike is granted. The answer brief is stricken. The amended answer brief is accepted as filed.
|
|
| Docket Date |
2022-07-21
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
AMERIFUND EQUITY GROUP
|
|
| Docket Date |
2022-07-21
|
| Type |
Brief
|
| Subtype |
Amended Answer Brief
|
| Description |
Amended Appellee Answer Brief
|
| On Behalf Of |
AMERIFUND EQUITY GROUP
|
|
| Docket Date |
2022-07-14
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Florida Rule of Appellate Procedure 9.045 requires the use of Arial 14-point fontor Bookman Old Style 14-point font. Appellee's answer brief is prepared with TimesNew Roman 14-point font. Appellee shall file an amended brief within ten days from thedate of this order and shall file with the brief a motion to strike the brief previously filed.
|
|
| Docket Date |
2022-07-13
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief ~ **STRICKEN**
|
| On Behalf Of |
AMERIFUND EQUITY GROUP
|
|
| Docket Date |
2022-06-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shallbe served within 21 days from the date of this order.
|
|
| Docket Date |
2022-06-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ AMENDED
|
| On Behalf Of |
AMERIFUND EQUITY GROUP
|
|
| Docket Date |
2022-06-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
deny eot for no consultation ~ Appellee Amerifund Equity Group's motion for an extension of time is deniedwithout prejudice to refile a motion within five days that demonstrates compliance withFlorida Rule of Appellate Procedure 9.300(a) with respect to consultation with opposingcounsel, failing which the brief shall be served by the current due date or within ten daysof the date of this order, whichever is later.
|
|
| Docket Date |
2022-06-15
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ MOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF
|
| On Behalf Of |
AMERIFUND EQUITY GROUP
|
|
| Docket Date |
2022-05-16
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief
|
| On Behalf Of |
EAST WINDS CONSULTING, LLC
|
|
| Docket Date |
2022-05-16
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
EAST WINDS CONSULTING, LLC
|
|
| Docket Date |
2022-05-16
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
EAST WINDS CONSULTING, LLC
|
|
| Docket Date |
2022-05-06
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ CARASSAS - REDACTED - 101 PAGES
|
|
| Docket Date |
2022-04-18
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Order to Supplement Record ~ Appellant's motion to supplement the record is granted, and appellant shall makearrangements within three days with the clerk of the lower tribunal for thesupplementation of the record with the items mentioned in the motion, and thissupplementation shall be accomplished within twenty-five days of this order. This courthas not yet received the record from the lower tribunal. Should the supplementation becompleted prior to preparation of the initial record, it shall be included in the paginatedrecord. Should the supplementation not be completed in time to include in the initialrecord, it shall be transmitted as a supplemental record (with a supplemental index incivil cases provided to the parties).
|
|
| Docket Date |
2022-03-30
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion Supplem/Record with/Attached ~ APPELLANT'S MOTION TO SUPPLEMENT THE RECORD
|
| On Behalf Of |
EAST WINDS CONSULTING, LLC
|
|
| Docket Date |
2022-03-22
|
| Type |
Misc. Events
|
| Subtype |
Certificate
|
| Description |
Certificate ~ CERTIFICATE OF THE CLERK
|
| On Behalf Of |
PINELLAS CLERK
|
|
| Docket Date |
2022-03-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-03-14
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
|
| Docket Date |
2022-03-11
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER
|
| On Behalf Of |
EAST WINDS CONSULTING, LLC
|
|
| Docket Date |
2022-03-11
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
AMERIFUND EQUITY GROUP VS PALM-AIRE COUNTRY CLUB CONDOMINIUM ASSOCIATION NO 2, INC., et al.
|
4D2021-2941
|
2021-10-14
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE16-8995
|
Parties
| Name |
AMERIFUND EQUITY GROUP LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Kevin J. Loftus
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PALM-AIRE COUNTRY CLUB CONDOMINIUM ASSOCIATION, NO. 2, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Gerard S. Collins
|
|
| Name |
Vito Galofaro
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Martin J. Bidwill
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-12-29
|
| 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 |
2021-12-29
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2021-12-13
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief/Apdx ~ 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 |
2021-11-15
|
| Type |
Order
|
| Subtype |
Order Reclassifying Case
|
| Description |
ORD-Final Appeal Treated as Non-Final ~ ORDERED that this court’s November 3, 2021 order to show cause is discharged. Further, ORDERED sua sponte that the court determines that this appeal seeks review of a non-final order, rather than a final order. Fla. R. App. P. 9.130(a)(3)(C)(ii). Appellant shall serve an initial brief and an accompanying appendix within twenty (20) days from the date of this order. See Fla. R. App. P. 9.130(e), 9.220. The clerk of the lower tribunal shall not transmit a record on appeal unless ordered by this court.
|
|
| Docket Date |
2021-11-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
Amerifund Equity Group
|
|
| Docket Date |
2021-11-03
|
| 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, 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 |
2021-10-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ ***AMENDED***
|
|
| Docket Date |
2021-10-14
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
| On Behalf Of |
Amerifund Equity Group
|
|
| Docket Date |
2021-10-14
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Amerifund Equity Group
|
|
| Docket Date |
2021-10-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-10-14
|
| 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, 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.
|
|
|
