MICHAEL HELLER LLC

Classification	NOA Final - Circuit Civil - Foreclosure
Court	4th District Court of Appeal
Originating Court	Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County 502014CA003878

Parties

Name	MICHAEL HELLER LLC
Role	Appellant
Status	Active
Name	Christine Heller
Role	Appellant
Status	Active
Name	Robert Tribble
Role	Appellant
Status	Active
Name	FORECLOSURE, INC.
Role	Appellant
Status	Active
Name	U.S. BANK NATIONAL ASSOCIATION
Role	Appellee
Status	Active
Name	MTGLQ INVESTORS LP
Role	Appellee
Status	Active
Representations	Donna Sue Glick, Richard Slaughter McIver, H. Michael Muniz, James Scott Telepman, Jennifer M. Scott
Name	Hon. Scott Ryan Kerner
Role	Judge/Judicial Officer
Status	Active
Name	Clerk - Palm Beach
Role	Lower Tribunal Clerk
Status	Active

Docket Entries

Docket Date	2020-03-06
Type	Misc. Events
Subtype	West Publishing
Description	West Publishing
Docket Date	2020-03-06
Type	Mandate
Subtype	Mandate
Description	Mandate
Docket Date	2020-02-13
Type	Disposition by Opinion
Subtype	Affirmed
Description	Affirmed - Per Curiam Affirmed
Docket Date	2019-10-28
Type	Disposition by Order
Subtype	Granted in Part/Denied in Part
Description	ORD-Grant in Part/Deny in Part ~ Upon consideration of appellee’s October 18, 2019 response, it is ORDERED that appellant Michael Heller's October 18, 2019 “sworn motion to strike unserved answer and non-record claims in answer and motion for extension to file reply brief” is denied in part and granted in part. The motion to strike the answer brief is denied. The motion for extension of time is granted, and appellant(s) shall serve the reply brief within fifteen (15) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
Docket Date	2019-10-18
Type	Response
Subtype	Response
Description	Response
On Behalf Of	MTGLQ INVESTORS LP
Docket Date	2019-10-18
Type	Motions Other
Subtype	Motion To Strike
Description	Motion To Strike ~ AND MOTION FOR EXTENSION TO FILE REPLY BRIEF
On Behalf Of	Michael Heller
Docket Date	2019-10-04
Type	Brief
Subtype	Answer Brief
Description	Appellee's Answer Brief
On Behalf Of	MTGLQ INVESTORS LP
Docket Date	2019-10-04
Type	Record
Subtype	Appendix
Description	Appendix to Brief
On Behalf Of	MTGLQ INVESTORS LP
Docket Date	2019-09-16
Type	Order
Subtype	Order on Motion to Stay
Description	Order Denying Emergency Motion to Stay ~ ORDERED that appellants’ August 23, 2019 “renewed emergency motion for stay” is denied without prejudice to refile as a motion for review once the lower tribunal has disposed of the motion to stay. See Fla. R. App. P. 9.310(a) (“[A] party seeking to stay a final or nonfinal order pending review shall file a motion in the lower tribunal, which shall have continuing jurisdiction, in its discretion, to grant, modify, or deny such relief.”), (f) (“Review of orders entered by the lower tribunals under this rule shall be by the court on motion.”). The court notes that the lower tribunal only denied the appellants’ emergency motion for stay as an emergency and permitted counsel to set the matter for hearing in the ordinary course.
Docket Date	2019-09-05
Type	Brief
Subtype	Initial Brief
Description	Initial Brief on Merits
On Behalf Of	Michael Heller
Docket Date	2019-09-05
Type	Record
Subtype	Appendix
Description	Appendix to Brief
On Behalf Of	Michael Heller
Docket Date	2019-08-30
Type	Order
Subtype	Order on Motion for Extension of Time to Serve Initial Brief
Description	Order Granting EOT for Initial Brief ~ ORDERED that appellants’ August 26, 2019 “motion for extension of time to file initial brief and accompanying appendix” is granted, and appellants shall serve the initial brief and appendix on or before September 3, 2019. In addition, if the initial brief and appendix are not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
Docket Date	2019-08-26
Type	Motions Extensions
Subtype	Motion for Extension of Time to Serve Initial Brief
Description	Mot. for Extension of time to file Initial Brief
On Behalf Of	Michael Heller
Docket Date	2019-08-23
Type	Order
Subtype	Order on Request for Emergency Treatment
Description	Denying Request for Emergency Treatment ~ ORDERED that appellants’ August 23, 2019 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	2019-08-23
Type	Motions Other
Subtype	Request for Emergency Treatment
Description	Request for Emergency Treatment
On Behalf Of	Michael Heller
Docket Date	2019-08-16
Type	Motions Other
Subtype	Request for Emergency Treatment
Description	Request for Emergency Treatment
On Behalf Of	Michael Heller
Docket Date	2019-08-16
Type	Order
Subtype	Order on Motion to Stay
Description	Order Denying Emergency Motion to Stay ~ ORDERED that appellants’ August 16, 2019 request for emergency treatment is denied. Further, ORDERED that appellants’ August 16, 2019 “emergency motion for stay” is denied without prejudice to refile as a motion for review once the appellants have filed, and the lower tribunal has disposed of, a proper motion to stay. See Fla. R. App. P. 9.310(a) (“[A] party seeking to stay a final or nonfinal order pending review shall file a motion in the lower tribunal, which shall have continuing jurisdiction, in its discretion, to grant, modify, or deny such relief.”), (f) (“Review of orders entered by the lower tribunals under this rule shall be by the court on motion.”)..
Docket Date	2019-08-09
Type	Notice
Subtype	Notice
Description	Notice ~ OF COMPLIANCE WITH 07/25/19 ORDER
On Behalf Of	Robert Tribble
Docket Date	2019-08-09
Type	Order
Subtype	Order Reclassifying Case
Description	ORD-Final Appeal Treated as Non-Final ~ 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), (a)(5). Appellant shall serve an initial brief and an accompanying appendix within fifteen (15) days from the date of this order. See Florida Rule of Appellate Procedure 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	2019-08-07
Type	Notice
Subtype	Notice of Related Case or Issue
Description	Notice of Similar Case Pending
On Behalf Of	Michael Heller
Docket Date	2019-08-07
Type	Misc. Events
Subtype	Order Appealed
Description	Order Appealed
On Behalf Of	Michael Heller
Docket Date	2019-08-02
Type	Misc. Events
Subtype	Case Filing Fee Paid through Portal
Description	Case Filing Fee Paid Through Portal
On Behalf Of	Michael Heller
Docket Date	2019-07-29
Type	Notice
Subtype	Notice of Appearance
Description	Notice of Appearance
On Behalf Of	MTGLQ INVESTORS LP
Docket Date	2019-07-25
Type	Letter
Subtype	Acknowledgment Letter
Description	Acknowledgment Letter
Docket Date	2019-07-25
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	2019-07-24
Type	Notice
Subtype	Notice of Appeal
Description	Notice of Appeal Filed
On Behalf Of	Robert Tribble
Docket Date	2019-07-24
Type	Misc. Events
Subtype	Fee Status
Description	FP:Fee Paid Through Portal

Classification	NOA Final - Circuit Civil - Foreclosure
Court	4th District Court of Appeal
Originating Court	Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County 502014CA003878XXXXMB

Parties

Name	Robert Tribble
Role	Appellant
Status	Active
Name	MICHAEL HELLER LLC
Role	Appellant
Status	Active
Name	FORECLOSURE, INC.
Role	Appellant
Status	Active
Name	THE ESTATE OF BECKEY B DAVENPORT
Role	Appellee
Status	Active
Name	ROBERT G BAILEY Jr.
Role	Appellee
Status	Active
Name	TRIBBLE INVESTMENTS
Role	Appellee
Status	Active
Name	MARY REVOLLER
Role	Appellee
Status	Active
Name	Christine Heller
Role	Appellee
Status	Active
Name	UNKNOWN HEIRS OF BECKEY B DAVENPORT
Role	Appellee
Status	Active
Name	RESIDENTIAL REHAB INC.
Role	Appellee
Status	Active
Name	U.S. Bank National Assoc., etc.
Role	Appellee
Status	Active
Name	BANK OF AMERICA CORPORATION
Role	Appellee
Status	Active
Name	MTGLQ INVESTORS LP
Role	Appellee
Status	Active
Representations	H. Michael Muniz, Kass Shuler, P.A., James Scott Telepman, Kahane & Associates, P.A., MARINOSCI LAW GROUP, Richard Slaughter McIver
Name	Hon. Susan R. Lubitz
Role	Judge/Judicial Officer
Status	Active
Name	Clerk - Palm Beach
Role	Lower Tribunal Clerk
Status	Active

Docket Entries

Docket Date	2019-12-06
Type	Misc. Events
Subtype	West Publishing
Description	West Publishing
Docket Date	2019-12-06
Type	Mandate
Subtype	Mandate
Description	Mandate
Docket Date	2019-11-07
Type	Disposition by Opinion
Subtype	Affirmed
Description	Affirmed - Per Curiam Affirmed
Docket Date	2019-07-11
Type	Brief
Subtype	Amended Reply Brief
Description	Corrected Appellant's Reply Brief
On Behalf Of	Robert Tribble
Docket Date	2019-07-09
Type	Brief
Subtype	Reply Brief
Description	Appellant's Reply Brief
On Behalf Of	Michael Heller
Docket Date	2019-06-26
Type	Order
Subtype	Order on Motion for Extension of Time to Serve Reply Brief
Description	Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellants’ June 20, 2019 “notice of nonservice and motion for continuances due to same” is treated as a motion for extension of time and is granted in part. Appellant shall serve the reply brief within fifteen (15) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
Docket Date	2019-06-20
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	Robert Tribble
Docket Date	2019-06-10
Type	Notice
Subtype	Notice
Description	Notice
On Behalf Of	Robert Tribble
Docket Date	2019-06-03
Type	Order
Subtype	Order on Motion To Strike
Description	Deny Motion to Strike ~ Upon consideration of appellees’ May 28, 2019 response, it is ORDERED that appellants’ May 24, 2019 “motion to strike answer brief for failure to serve appellants after notice” is denied. Appellee has indicated in its response that it has now served a copy of the answer brief on appellant at the address listed in the motion to strike. It is therefore ORDERED that appellant shall serve the reply brief within thirty (30) days from the date of this order.
Docket Date	2019-05-28
Type	Response
Subtype	Response
Description	Response ~ TO MOTION TO STRIKE AND NOTICE OF SERVICE OF ANSWER BRIEF UPON APPELLANT ROBERT TRIBBLE
On Behalf Of	MTGLQ INVESTORS LP
Docket Date	2019-05-24
Type	Motions Other
Subtype	Motion To Strike
Description	Motion To Strike
On Behalf Of	Robert Tribble
Docket Date	2019-05-09
Type	Brief
Subtype	Answer Brief
Description	Appellee's Answer Brief
On Behalf Of	MTGLQ INVESTORS LP
Docket Date	2019-04-18
Type	Order
Subtype	Order on Motion for Rehearing
Description	ORD-Denying Rehearing ~ ORDERED that appellants’ April 16, 2019 motion for rehearing is denied.
Docket Date	2019-04-16
Type	Record
Subtype	Appendix
Description	Appendix ~ TO MOTION FOR REHEARING
On Behalf Of	Michael Heller
Docket Date	2019-04-16
Type	Post-Disposition Motions
Subtype	Motion for Rehearing
Description	Motion For Rehearing/Interim Order ~ "EMERGENCY" EN BANC REQUEST
On Behalf Of	Michael Heller
Docket Date	2019-04-12
Type	Order
Subtype	Order
Description	Order Denying Emergency Motion ~ Upon consideration of appellants’ April 9, 2019 supplement to the motion to stay and appellee’s April 10, 2019 response, it isORDERED that appellants’ April 11, 2019 emergency motion to stay is treated as a motion for review and is denied. Further,ORDERED that appellants’ April 12, 2019 reply to response is stricken as unauthorized.
Docket Date	2019-04-12
Type	Response
Subtype	Reply to Response
Description	Reply to Response ~ ***STRICKEN AS UNAUTHORIZED. SEE 4/12/19 ORDER. ***
On Behalf Of	Michael Heller
Docket Date	2019-04-11
Type	Motions Other
Subtype	Motion To Stay
Description	Emergency Motion To Stay
On Behalf Of	Michael Heller
Docket Date	2019-04-10
Type	Response
Subtype	Response
Description	Response ~ TO MOTION & SUPPLEMENT TO EMERGENCY MOTION FOR STAY
On Behalf Of	MTGLQ INVESTORS LP
Docket Date	2019-04-09
Type	Record
Subtype	Appendix
Description	Appendix ~ TO MOTION FOR STAY
On Behalf Of	Michael Heller
Docket Date	2019-04-09
Type	Brief
Subtype	Amended Initial Brief
Description	Amended Appellant's Initial Brief
On Behalf Of	Michael Heller
Docket Date	2019-04-09
Type	Motions Other
Subtype	Motion To Stay
Description	Emergency Motion To Stay ~ ***SUPPLEMENT TO***
On Behalf Of	Michael Heller
Docket Date	2019-04-09
Type	Order
Subtype	Order to File Response
Description	ORD-Appellee to File Response ~ ORDERED that appellee is directed to respond to appellant’s April 9, 2019 “supplement to emergency motion for stay” on or before April 11, 2019 at 12:00 PM.
Docket Date	2019-04-01
Type	Order
Subtype	Order on Motion To Strike
Description	Grant Motion to Strike ~ Upon consideration of appellants’ March 18, 2019 response in opposition, it isORDERED that appellee’s March 8, 2019 motion to strike is granted, and the initial brief and appendix, both filed on January 29, 2019, are stricken from the docket without prejudice for appellants to refile an amended initial brief and appendix which only contain, and reference, documents included in the record on appeal within ten (10) days from the date of this order. Appellants may not include the March 17, 2017 Affidavit of Darryl Burke, or the March 5, 2011 affidavit of Leeann Collins in the appendix or reference these documents in the initial brief, as they are not included in the record on appeal. Further,ORDERED that appellants’ request to strike the motion to strike, found in the March 18, 2019 response, is denied.
Docket Date	2019-03-18
Type	Response
Subtype	Response
Description	Response ~ TO MOTION TO STRIKE
On Behalf Of	Michael Heller
Docket Date	2019-03-08
Type	Motions Other
Subtype	Motion To Strike
Description	Motion To Strike
On Behalf Of	MTGLQ INVESTORS LP
Docket Date	2019-02-21
Type	Order
Subtype	Order on Motion for Extension of Time to Serve Answer Brief
Description	Order Granting EOT for Answer Brief ~ ORDERED that appellee's February 15, 2019 motion for extension of time is granted, and appellee shall serve the answer brief on or before March 20, 2019. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
Docket Date	2019-02-15
Type	Motions Extensions
Subtype	Motion for Extension of Time to Serve Answer Brief
Description	Mot. for Extension of time to file Answer Brief
On Behalf Of	MTGLQ INVESTORS LP
Docket Date	2019-01-31
Type	Order
Subtype	Order Discharging Show Cause Order
Description	ORD-Discharging Show Cause ~ ORDERED that upon consideration of appellant's response filed January 30, 2019, this court's January 22, 2019 order to show cause is discharged; further,ORDERED that appellant's January 30, 2019 motion for extension of time is granted and the time in which to serve appellees with the initial brief is extended to and including February 17, 2019.
Docket Date	2019-01-30
Type	Motions Extensions
Subtype	Motion for Extension of Time
Description	Motion for Extension of Time
On Behalf Of	Michael Heller
Docket Date	2019-01-29
Type	Record
Subtype	Appendix
Description	Appendix to Brief ~ ***STRICKEN 4/1/19***
On Behalf Of	Robert Tribble
Docket Date	2019-01-29
Type	Brief
Subtype	Initial Brief
Description	Initial Brief on Merits ~ ***STRICKEN 4/1/19***
On Behalf Of	Robert Tribble
Docket Date	2019-01-22
Type	Order
Subtype	Show Cause
Description	Show Cause Lack of Prosecution, Initial Brief ~ Upon consideration of appellees’ December 4, 2018 motion to dismiss, it is ORDERED that appellants in the above–styled case are 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 the appellants’ 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	2018-12-21
Type	Order
Subtype	Order to File Response
Description	ORD-Appellant to File Response ~ ORDERED that appellant is directed to respond, within ten (10) days from the date of this order, to appellee's December 4, 2018 motion to dismiss.
Docket Date	2018-12-04
Type	Motions Other
Subtype	Motion To Dismiss
Description	Motion To Dismiss
On Behalf Of	MTGLQ INVESTORS LP
Docket Date	2018-11-19
Type	Order
Subtype	Order on Motion For Substitution of Parties
Description	ORD-Allowing Substitution of Parties ~ ORDERED that the October 29, 2018 substitution of parties filed on behalf of the appellee is granted. The caption in the above-referenced case is corrected to change the name of “MTGLQ Investors LP” to “U.S. Bank National Association, as Indenture Trustee on Behalf of and with Respect to Ajax Mortgage Loan Trust 2018-B, Mortgage Backed Notes.” All future filings shall reflect this change.
Docket Date	2018-10-30
Type	Order
Subtype	Order re Stay
Description	Stay is lifted, case to proceed ~ ORDERED that the stay entered on October 10, 2018, is lifted and the above-styled appeal shall proceed.
Docket Date	2018-10-29
Type	Notice
Subtype	Notice of Filing
Description	Notice of Filing
On Behalf Of	MTGLQ INVESTORS LP
Docket Date	2018-10-29
Type	Motions Relating to Parties and Counsel
Subtype	Motion For Substitution of Parties
Description	Motion For Substitution of Parties
On Behalf Of	MTGLQ INVESTORS LP
Docket Date	2018-10-10
Type	Order
Subtype	Order Bankruptcy
Description	ORD-Case Stayed Pending Bankruptcy ~ A suggestion of bankruptcy having been filed, and it appearing that no cause exists as to why the entire above-styled appeal should not be stayed by virtue of 11 U.S.C. § 362, it is ORDERED that:This appeal is stayed. If the bankruptcy case becomes closed, dismissed, or modified to permit this appeal to proceed, then appellee shall promptly, and in no event later than twenty (20) days after the event has occurred, notify this court in writing that this appeal may proceed.Unless this appeal is voluntarily dismissed, appellee, within ninety (90) days from the date of this order, and then every ninety (90) days thereafter, shall notify this court as to the status of the bankruptcy case.
Docket Date	2018-09-13
Type	Order
Subtype	Show Cause re Bankruptcy
Description	Order on Suggestion of Bankruptcy ~ A suggestion of bankruptcy having been filed, it is ORDERED that all parties shall show cause in writing, if any there be, within twenty (20) days from the date of this order, why the entire above-styled appeal should not be stayed by virtue of 11 U.S.C. § 362. If a party believes that no such cause exists, that party need not file a response.
Docket Date	2018-09-11
Type	Notice
Subtype	Suggestion of Bankruptcy
Description	Suggestion of Bankruptcy
On Behalf Of	MTGLQ INVESTORS LP
Docket Date	2018-09-05
Type	Order
Subtype	Order on Motion for Extension of Time to Serve Initial Brief
Description	Order Granting EOT for Initial Brief ~ ORDERED that appellants' August 28, 2018 motion for extension of time is granted, and appellants shall serve the initial brief on or before November 5, 2018. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
Docket Date	2018-08-30
Type	Record
Subtype	Record on Appeal
Description	Received Records ~ 1008 PAGES
Docket Date	2018-08-28
Type	Motions Extensions
Subtype	Motion for Extension of Time to Serve Initial Brief
Description	Mot. for Extension of time to file Initial Brief
On Behalf Of	Michael Heller
Docket Date	2018-08-13
Type	Misc. Events
Subtype	Miscellaneous Trial Court Document
Description	Misc. LT pleadings ~ "DIRECTIVE TO CLERK TO PREPARE THE RECORD"
Docket Date	2018-07-31
Type	Order
Subtype	Order on Miscellaneous Motion
Description	Deny Miscellaneous Motion ~ ORDERED that appellants' July 6, 2018 "motion to cancel sale and vacate final summary judgment" is denied without prejudice to make these arguments in the initial brief; further, ORDERED that appellants' July 11, 2018 "motion for continuance for record and transcripts" is granted. The appellants shall file directions to the clerk pursuant to Florida Rule of Appellate Procedure 9.200(a)(2) within ten (10) days from the date of this order. Further, the appellants shall file a proper designation to the court reporter pursuant to Florida Rule of Appellate Procedure 9.200(b) within ten (10) days from the date of this order.
Docket Date	2018-07-16
Type	Notice
Subtype	Notice of Appearance
Description	Notice of Appearance
On Behalf Of	MTGLQ INVESTORS LP
Docket Date	2018-07-11
Type	Motions Extensions
Subtype	Motion for Extension of Time for Record
Description	Motion Extension of Time To File Record ~ AND TRANSCRIPTS
On Behalf Of	Michael Heller
Docket Date	2018-07-06
Type	Motions Other
Subtype	Miscellaneous Motion
Description	Miscellaneous Motion ~ TO CANCEL SALE AND VACATE FINAL SUMMARY JUDGMENT.
On Behalf Of	Robert Tribble
Docket Date	2018-06-14
Type	Order
Subtype	Order on Filing Fee
Description	ORD-Pay Filing Fee - pro se civil appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, 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. 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	2018-06-14
Type	Letter
Subtype	Acknowledgment Letter
Description	Acknowledgment Letter
Docket Date	2018-06-13
Type	Notice
Subtype	Notice of Appeal
Description	Notice of Appeal Filed
On Behalf Of	Robert Tribble
Docket Date	2018-06-13
Type	Misc. Events
Subtype	Fee Status
Description	A3:Paid In Full - $300

Classification	NOA Final - Circuit Civil - Other
Court	4th District Court of Appeal
Originating Court	Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County 502014CA003878

Parties

Name	ROBERT ALLEN TRIBBLE Jr.
Role	Appellant
Status	Active
Name	MICHAEL HELLER LLC
Role	Appellant
Status	Active
Name	ESTATE OF BECKEY D. DAVENPORT
Role	Appellee
Status	Active
Name	RESIDENTIAL RHAB
Role	Appellee
Status	Active
Name	Christine Heller
Role	Appellee
Status	Active
Name	ROBERT BAILEY, JR.
Role	Appellee
Status	Active
Name	MTGLQ INVESTORS LP
Role	Appellee
Status	Active
Representations	Richard Slaughter McIver, Donna Sue Glick, KAHANE & ASSOCIATES, H. Michael Muniz, James Scott Telepman
Name	HON. DAVID E. FRENCH
Role	Judge/Judicial Officer
Status	Active
Name	Clerk - Palm Beach
Role	Lower Tribunal Clerk
Status	Active

Docket Entries

Docket Date	2018-05-11
Type	Letter
Subtype	Acknowledgment Letter
Description	Acknowledgment Letter
Docket Date	2018-05-10
Type	Notice
Subtype	Notice of Appeal
Description	Notice of Appeal Filed
On Behalf Of	ROBERT ALLEN TRIBBLE Jr.
Docket Date	2018-05-10
Type	Misc. Events
Subtype	Fee Status
Description	A3:Paid In Full - $300
Docket Date	2019-01-07
Type	Order
Subtype	Order
Description	ORD-Moot ~ ORDERED that the appellant's January 3, 2019 motion for voluntary dismissal is determined to be moot as this case was dismissed on June 18, 2018.
Docket Date	2019-01-03
Type	Motions Other
Subtype	Motion/Notice Voluntary Dismissal
Description	Motion For Voluntary Dismissal
On Behalf Of	ROBERT ALLEN TRIBBLE Jr.
Docket Date	2018-08-24
Type	Order
Subtype	Order on Motion for Rehearing En Banc
Description	Order Denying Rehearing En Banc ~ ORDERED that the appellants' June 26, 2018 motion for rehearing en banc is denied.
Docket Date	2018-06-26
Type	Post-Disposition Motions
Subtype	Motion for Rehearing
Description	Motion for Rehearing / Rehearing En Banc
On Behalf Of	Michael Heller
Docket Date	2018-06-18
Type	Disposition
Subtype	Dismissed
Description	Dismissed - Order by Judge
Docket Date	2018-06-18
Type	Disposition by Order
Subtype	Dismissed
Description	ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ Upon consideration of the parties' responses to this court's June 4, 2018 jurisdictional order, it is ORDERED that this appeal is DISMISSED for lack of jurisdiction. Dismissal is without prejudice to appellant to raise the arguments related to the order setting a non-jury trial in the appeal from the final judgment (4D18-1794).WARNER, MAY and FORST, JJ., concur.
Docket Date	2018-06-14
Type	Response
Subtype	Response
Description	Response ~ TO JURISDICTIONAL BRIEF
On Behalf Of	MTGLQ INVESTORS LP
Docket Date	2018-06-12
Type	Notice
Subtype	Notice
Description	Notice ~ OF RELATED NEW APPEAL *OR* REQUEST TO STAY
On Behalf Of	Michael Heller
Docket Date	2018-06-11
Type	Notice
Subtype	Notice of Appearance
Description	Notice of Appearance
On Behalf Of	MTGLQ INVESTORS LP
Docket Date	2018-06-04
Type	Brief
Subtype	Jurisdictional Brief
Description	Jurisdictional Brief
On Behalf Of	Michael Heller
Docket Date	2018-05-23
Type	Order
Subtype	Order on Motion for Extension of Time
Description	Grant Extension of Time ~ ORDERED that appellant's May 21, 2018 motion for extension of time is granted and the time to file the jurisdictional brief is extended fifteen (15) days from the date of this order.
Docket Date	2018-05-21
Type	Motions Extensions
Subtype	Motion for Extension of Time
Description	Motion for Extension of Time ~ TO FILE JURISDICTIONAL BRIEF
On Behalf Of	Michael Heller
Docket Date	2018-05-11
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 this court has jurisdiction to review the order setting the case for non-jury trial, either by appeal or petition. See Jaye v. Royal Saxon, Inc., 720 So. 2d 214, 215 (Fla. 1998) (dismissing appeal and denying petition of order striking demand for jury trial). Appellant shall also file a copy of the order appealed; furtherAppellee may file a response within ten (10) days of service of that statement.

Classification	Original Proceedings - Circuit Civil - Certiorari
Court	4th District Court of Appeal
Originating Court	Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County 502014CA003878XXXXMB

Parties

Name	TRIBBLE INVESTMENTS
Role	Appellant
Status	Active
Name	Robert Tribble
Role	Appellant
Status	Active
Name	BANK OF AMERICA CORPORATION
Role	Appellee
Status	Active
Representations	Melissa Ann Giasi, James Scott Telepman, Thomas Jonathan Crowder
Name	MARY REVOLLER
Role	Appellee
Status	Active
Name	RESIDENTIAL REHAB INC.
Role	Appellee
Status	Active
Name	ROBERT BAILEY, JR.
Role	Appellee
Status	Active
Name	UNKNOWN SPOUSE, DEVISEES, CREDITORS, GRANTEES
Role	Appellee
Status	Active
Name	FEDERAL NATIONAL MORTGAGE ASSOC.
Role	Appellee
Status	Active
Name	MTGLQ INVESTORS LP
Role	Appellee
Status	Active
Name	UNKNOWN TENANTS 1 AND 2
Role	Appellee
Status	Active
Name	MICHAEL HELLER LLC
Role	Appellee
Status	Active
Name	CHRIS HELLER
Role	Appellee
Status	Active
Name	HON. THOMAS H. BARKDULL, I I I
Role	Judge/Judicial Officer
Status	Active
Name	Clerk - Palm Beach
Role	Lower Tribunal Clerk
Status	Active

Docket Entries

Docket Date	2017-05-17
Type	Response
Subtype	Response
Description	Response ~ TO MOTION TO STRIKE
On Behalf Of	BANK OF AMERICA
Docket Date	2017-06-02
Type	Order
Subtype	Order Striking Filing
Description	ORD-Stricken as Unauthorized ~ ORDERED sua sponte that the petitioner's May 25, 2017 reply to respondent's response to motion to strike is stricken as unauthorized.
Docket Date	2017-06-29
Type	Order
Subtype	Order on Motion for Rehearing En Banc
Description	Order Denying Rehearing En Banc ~ ORDERED that the appellant's May 31, 2017 motion for rehearing en banc is denied.
Docket Date	2017-06-07
Type	Response
Subtype	Response
Description	Response ~ TO MOTION FOR REHEARING
On Behalf Of	BANK OF AMERICA
Docket Date	2017-05-31
Type	Post-Disposition Motions
Subtype	Motion for Rehearing En Banc
Description	Motion For Rehearing EN BANC
On Behalf Of	Robert Tribble
Docket Date	2017-05-25
Type	Disposition
Subtype	Dismissed
Description	Dismissed - Order by Judge
Docket Date	2017-05-25
Type	Disposition by Order
Subtype	Dismissed
Description	Order-Original Proceeding Dismissed ~ ORDERED that the petition for writ of certiorari is dismissed for failure to establish irreparable harm; further, ORDERED that the May 15, 2017 motion to strike response exhibits is denied.DAMOORGIAN, GERBER and FORST, JJ., concur.
Docket Date	2017-05-25
Type	Response
Subtype	Reply to Response
Description	Reply to Response ~ T**STRICKEN 6/2/17** O MOTION TO STRIKE
On Behalf Of	Robert Tribble
Docket Date	2017-05-22
Type	Notice
Subtype	Notice of Filing
Description	Notice of Filing ~ TWO RECENT ORDERS FROM THE TRIAL COURT
On Behalf Of	BANK OF AMERICA
Docket Date	2017-05-18
Type	Notice
Subtype	Notice of Appearance
Description	Notice of Appearance ~ AND THE LAW FIRM OF KASS SHULER, P.A.
On Behalf Of	BANK OF AMERICA
Docket Date	2017-05-15
Type	Response
Subtype	Reply to Response
Description	Reply to Response ~ TO PETITION
On Behalf Of	Robert Tribble
Docket Date	2017-05-15
Type	Motions Other
Subtype	Motion To Strike
Description	Motion To Strike ~ RESPONSE EXHIBITS
On Behalf Of	Robert Tribble
Docket Date	2017-05-08
Type	Record
Subtype	Appendix to Response
Description	Appendix to Response
On Behalf Of	BANK OF AMERICA
Docket Date	2017-05-04
Type	Response
Subtype	Reply to Response
Description	Reply to Response ~ TO JURISDICTION STATEMENT
On Behalf Of	Robert Tribble
Docket Date	2017-05-01
Type	Order
Subtype	Order
Description	Miscellaneous Order ~ Upon consideration of appellant's April 21, 2017 jurisdictional brief and appellee's April 25, 2017 response, it is ORDERED that the Notice of Appeal filed in the Circuit Court is treated as a Petition for Writ of Certiorari. The court notes that the petitioner filed a petition and appendix on April 24, 2017. The respondent may file a response and appendix in compliance with Florida Rule of Appellate Procedure 9.100 within twenty (20) days from the date of this order.
Docket Date	2017-04-28
Type	Notice
Subtype	Amended Notice of Appeal
Description	Amended Notice of Appeal ~ (CERTIFIED COPY)
Docket Date	2017-04-25
Type	Response
Subtype	Response
Description	Response ~ TO JURISDICTIONAL BRIEF
On Behalf Of	BANK OF AMERICA
Docket Date	2017-04-24
Type	Petition
Subtype	Petition
Description	Petition Filed
On Behalf Of	Robert Tribble
Docket Date	2017-04-24
Type	Record
Subtype	Appendix
Description	Appendix
On Behalf Of	Robert Tribble
Docket Date	2017-04-21
Type	Brief
Subtype	Jurisdictional Brief
Description	Jurisdictional Brief
On Behalf Of	Robert Tribble
Docket Date	2017-04-12
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 the order on defendant's motion to stay proceedings is an appealable order; furtherAppellee may file a response within ten (10) days of service of that statement.
Docket Date	2017-04-11
Type	Letter
Subtype	Acknowledgment Letter
Description	Acknowledgment Letter
Docket Date	2017-04-11
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. 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	2017-04-11
Type	Misc. Events
Subtype	Fee Status
Description	A3:Paid In Full - $300
Docket Date	2017-04-11
Type	Notice
Subtype	Notice of Appeal
Description	Notice of Appeal Filed
On Behalf Of	Robert Tribble