NATIONSTAR MORTGAGE, LLC D/B/A MR. COOPER VS ROBERT JOHN PAZOS, KRISTEN MARIE PAZOS, AND ISLAND CROSSINGS HOMEOWNER'S ASSOCIATION, INC.
|
5D2023-2330
|
2023-07-18
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
5th District Court of Appeal
|
Originating Court |
Circuit Court for the Eighteenth Judicial Circuit, Brevard County
2020-CA-021553
|
Parties
Name |
MR COOPER LLC
|
Role |
Appellant
|
Status |
Active
|
|
Name |
NATIONSTAR MORTGAGE LLC
|
Role |
Appellant
|
Status |
Active
|
Representations |
David Rosenberg
|
|
Name |
Kristen Marie Pazos
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Robert John Pazos
|
Role |
Appellee
|
Status |
Active
|
Representations |
Beau Bowin, James E. Olsen, Joseph Colombo, Helen Gutierrez Malchow
|
|
Name |
ISLAND CROSSINGS HOMEOWNERS ASSOCIATION, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Dale Curt Jacobus
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk Brevard
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2023-10-15
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ APPELLANT'S CERTIFICATE OF SETTLEMENT AUTHORITY FOR MEDIATION
|
On Behalf Of |
Nationstar Mortgage, LLC
|
|
Docket Date |
2024-01-02
|
Type |
Mandate
|
Subtype |
Notice Memorandum
|
Description |
Notice Memorandum
|
|
Docket Date |
2024-01-02
|
Type |
Record
|
Subtype |
Returned Records
|
Description |
Returned Records ~ NO RECORD EFILED
|
|
Docket Date |
2023-12-12
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2023-12-12
|
Type |
Order
|
Subtype |
Order on Motion/Notice Voluntary Dismissal (non-dispositive)
|
Description |
Order Granting Voluntary Dismissal
|
|
Docket Date |
2023-12-11
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal ~ AMENDED
|
On Behalf Of |
Nationstar Mortgage, LLC
|
|
Docket Date |
2023-12-11
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORD-Stricken (certificate of service) ~ COUNSEL FOR AA W/IN 5 DYS FILE AMENDED NOVD; NOVD STRICKEN
|
|
Docket Date |
2023-12-08
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal ~ STRICKEN PER 12/11 ORDER
|
On Behalf Of |
Nationstar Mortgage, LLC
|
|
Docket Date |
2023-12-05
|
Type |
Mediation
|
Subtype |
Notice of Successful Mediation
|
Description |
Notice of Successful Mediation
|
|
Docket Date |
2023-10-26
|
Type |
Order
|
Subtype |
Order on Extension of Time to Complete Mediation
|
Description |
ORD-Grant EOT to Complete Mediation ~ AGREED MOT GRANTED; MED COMPLETED BY 12/1; REPORT W/IN 10 DYS; PARTIES FILE REPORT...
|
|
Docket Date |
2023-10-24
|
Type |
Mediation
|
Subtype |
Mediation Report
|
Description |
Mediation Report ~ ADJOURNED
|
On Behalf Of |
Nationstar Mortgage, LLC
|
|
Docket Date |
2023-09-21
|
Type |
Mediation
|
Subtype |
Notice of Mediation
|
Description |
Notice of Mediation
|
|
Docket Date |
2023-09-19
|
Type |
Order
|
Subtype |
Order on Extension of Time to Complete Mediation
|
Description |
ORD-Grant EOT to Complete Mediation
|
|
Docket Date |
2023-09-13
|
Type |
Mediation
|
Subtype |
Med Motion for extension of time
|
Description |
Med Motion for extension of time
|
On Behalf Of |
Nationstar Mortgage, LLC
|
|
Docket Date |
2023-08-16
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ MOT GRANTED; RESPONSE ACCEPTED
|
|
Docket Date |
2023-08-15
|
Type |
Mediation
|
Subtype |
Response to Order of Referral to Mediation
|
Description |
Response to Order of Referral to Mediation
|
On Behalf Of |
Nationstar Mortgage, LLC
|
|
Docket Date |
2023-08-15
|
Type |
Order
|
Subtype |
Order Appointing Mediator
|
Description |
ORD-Appointing Mediator
|
|
Docket Date |
2023-08-15
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ UNOPPOSED MOTION TO ACCEPT AS TIMELYAPPELLANT'S RESPONSE TO ORDER OF REFERRAL TO MEDIATION
|
On Behalf Of |
Nationstar Mortgage, LLC
|
|
Docket Date |
2023-08-07
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ NO ACTION WILL BE TAKEN ON 7/31 NOTICE
|
|
Docket Date |
2023-08-04
|
Type |
Order
|
Subtype |
Order of Referral to Mediation
|
Description |
ORD-Referral To Mediation
|
|
Docket Date |
2023-07-31
|
Type |
Mediation
|
Subtype |
Confidential Statement
|
Description |
Confidential Statement ~ AA David Rosenberg 100963
|
On Behalf Of |
Nationstar Mortgage, LLC
|
|
Docket Date |
2023-07-31
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ OF NO INTEREST OF ISLAND CROSSINGS HOMEOWNERS ASSOC. INC. IN APPEAL AND REQUEST TO WITHDRAW AS PARTY
|
On Behalf Of |
Robert John Pazos
|
|
Docket Date |
2023-07-28
|
Type |
Mediation
|
Subtype |
Mediation Questionnaire
|
Description |
Mediation Questionnaire ~ AA David Rosenberg 100963
|
On Behalf Of |
Nationstar Mortgage, LLC
|
|
Docket Date |
2023-07-28
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Robert John Pazos
|
|
Docket Date |
2023-07-18
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ FILED BELOW 7/17/23
|
On Behalf Of |
Nationstar Mortgage, LLC
|
|
Docket Date |
2023-07-18
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
CASE FILING FEE PAID THROUGH PORTAL
|
On Behalf Of |
Nationstar Mortgage, LLC
|
|
Docket Date |
2023-07-18
|
Type |
Order
|
Subtype |
Mediation Order to Counsel
|
Description |
Mediation Letter to Counsel
|
|
Docket Date |
2023-07-18
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgement Letter 1
|
|
Docket Date |
2023-08-01
|
Type |
Mediation
|
Subtype |
Confidential Statement
|
Description |
Confidential Statement ~ AE Beau Bowin 0792551
|
On Behalf Of |
Robert John Pazos
|
|
|
ROBERT ARNAZ RACKARD VS NATION STAR MORTGAGE, LLC D/B/A MR. COOPER AND JOHNATHAN MEISELS
|
6D2023-2716
|
2023-05-26
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
6th District Court of Appeal
|
Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County
2022-CA-002636-O
|
Parties
Name |
ROBERT ARNAZ RACKARD
|
Role |
Appellant
|
Status |
Active
|
|
Name |
NATION STAR MORTGAGE LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
DORRELLA GALLAWAY, ESQ., ROBERTSON, ANSCHUTZ & SCHNEID, CRANE, & PARTNERS PLLC
|
|
Name |
JOHNATHAN MEISELS
|
Role |
Appellee
|
Status |
Active
|
|
Name |
MR COOPER LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Vincent Falcone, I I I
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
TIFFANY RUSSELL, CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2024-08-12
|
Type |
Supreme Court
|
Subtype |
Notice to Invok. Disc. Jur. FSC
|
Description |
Notice to Invok. Disc. Jur. FSC
|
On Behalf Of |
ROBERT ARNAZ RACKARD
|
View |
View File
|
|
Docket Date |
2024-05-03
|
Type |
Opinion
|
Subtype |
Non-dispositive
|
Description |
Non-dispositive - Future Pro Se Filings Prohibited
|
View |
View File
|
|
Docket Date |
2024-04-23
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ***CONTAINS CONFIDENTIAL INFORMATION***
|
On Behalf Of |
ROBERT ARNAZ RACKARD
|
|
Docket Date |
2024-04-23
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Order to Show Cause
|
On Behalf Of |
ROBERT ARNAZ RACKARD
|
View |
View File
|
|
Docket Date |
2024-04-01
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORD-STRICKEN AS UNAUTHORIZED ~ Appellant's filings dated March 19 and 20, 2024, are stricken as unauthorized. Within 10 days, Appellant is ordered to show cause why he should not be barred from future pro se filings in this Court. See State v. Spencer, 751 So. 2d 47, 48 (Fla. 1999).
|
View |
View File
|
|
Docket Date |
2024-03-25
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2024-03-25
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
View |
View File
|
|
Docket Date |
2024-03-19
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ ***STRICKEN-SEE 04/01/24 ORDER***Re: FREEDOM OF INFORMATION ACT /FLORIDA PUBLIC RECORDS LAW, DEMAND FOR JUDICIAL OFFICERS OFFICAIL CERTIFIED COPIES OF OATHS,QUALIFICATIONS, BID BONDS, PERFORMANCE BONDS, MUNICIPAL BONDS, BONDS, CUSIP NUMBERS AND INSURANCE
|
On Behalf Of |
ROBERT ARNAZ RACKARD
|
View |
View File
|
|
Docket Date |
2024-02-28
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ *treated as a second successive motion for rehearing and stricken as unauthorized. SEE 3/1/24 ORDER* *DUPLICATE* Rebuttal of Order to Strike do to Un Authorization and Order and Demand for The Court and Panel to Perform its Fiduciary Duties, and Freedom of Information Request.
|
On Behalf Of |
ROBERT ARNAZ RACKARD
|
View |
View File
|
|
Docket Date |
2024-02-08
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORD-STRICKEN AS UNAUTHORIZED ~ Appellant's "Notice of Filing Bill of Complaint" is stricken as unauthorized.
|
View |
View File
|
|
Docket Date |
2024-02-05
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ **STRICKEN-SEE 02/08/24 ORDER**BILL OF COMPLAINT FOR EQUITABLE RELIEF AND CONSUMER REDRESS
|
On Behalf Of |
ROBERT ARNAZ RACKARD
|
|
Docket Date |
2024-01-23
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Deny Miscellaneous Motion ~ Appellant's Motion for Written Opinion is denied.
|
View |
View File
|
|
Docket Date |
2023-12-29
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Written Opinion
|
Description |
Motion for Written Opinion ***CONTAINS CONFIDENTIAL INFORMATION***
|
On Behalf Of |
ROBERT ARNAZ RACKARD
|
|
Docket Date |
2023-09-01
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant Reply Brief ***CONTAINS CONFIDENTIAL INFORMATION***
|
On Behalf Of |
ROBERT ARNAZ RACKARD
|
|
Docket Date |
2023-07-19
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits ***CONTAINS CONFIDENTIAL INFORMATION***
|
On Behalf Of |
ROBERT ARNAZ RACKARD
|
|
Docket Date |
2023-07-19
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ NOTICE OF FILING INITIAL BRIEF ***CONTAINS CONFIDENTIAL INFORMATION***
|
On Behalf Of |
ROBERT ARNAZ RACKARD
|
|
Docket Date |
2023-07-14
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ FALCONE- 382 PAGES
|
On Behalf Of |
TIFFANY RUSSELL, CLERK
|
|
Docket Date |
2023-06-16
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
NATION STAR MORTGAGE LLC
|
View |
View File
|
|
Docket Date |
2023-06-01
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
fee - civil; pro se
|
View |
View File
|
|
Docket Date |
2023-06-01
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
View |
View File
|
|
Docket Date |
2023-05-26
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2024-03-20
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ ***STRICKEN-SEE 04/01/24 ORDER***DUPLICATE* Re: FREEDOM OF INFORMATION ACT /FLORIDA PUBLIC RECORDS LAW, DEMAND FOR JUDICIAL OFFICERS OFFICAIL CERTIFIED COPIES OF OATHS,QUALIFICATIONS, BID BONDS, PERFORMANCE BONDS, MUNICIPAL BONDS, BONDS, CUSIP NUMBERS AND INSURANCE
|
On Behalf Of |
ROBERT ARNAZ RACKARD
|
View |
View File
|
|
Docket Date |
2024-03-01
|
Type |
Order
|
Subtype |
Order
|
Description |
MISCELLANEOUS ORDER ~ Appellant's "Rebuttal of Order to Strike," dated February 26, 2024, and filed in duplicate on February 28, 2024, is treated as a second successive motion for rehearing and stricken as unauthorized. See Fla. R. App. P. 9.330(b) ("A party shall not file more than 1 motion for rehearing, clarification, certification, or written opinion with respect to a particular order or decision of the court."). Appellant is cautioned that further unauthorized filings may result in a failure to file in this Court without the assistance of a member of the Florida Bar. See State v. Spencer, 751 So. 2d 47, 48 (Fla. 1999).
|
View |
View File
|
|
Docket Date |
2024-02-26
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ *treated as a second successive motion for rehearing and stricken as unauthorized. SEE 3/1/24 ORDER.* Rebuttal of Order to Strike do to Un Authorization and Order and Demand for The Court and Panel to Perform its Fiduciary Duties, and Freedom of Information Request.
|
On Behalf Of |
ROBERT ARNAZ RACKARD
|
View |
View File
|
|
Docket Date |
2023-12-26
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
View |
View File
|
|
Docket Date |
2023-08-17
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee Answer Brief ~ ANSWER BRIEF OF APPELLEE, NATIONSTAR MORTGAGE LLC D/B/A MR. COOPER
|
On Behalf Of |
NATION STAR MORTGAGE LLC
|
View |
View File
|
|
Docket Date |
2023-06-08
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
ROBERT ARNAZ RACKARD
|
View |
View File
|
|
Docket Date |
2023-06-07
|
Type |
Notice
|
Subtype |
Amended Notice of Appeal
|
Description |
Amended Notice of Appeal ~ CERTIFICATE OF SERVICE
|
On Behalf Of |
ROBERT ARNAZ RACKARD
|
View |
View File
|
|
Docket Date |
2023-05-26
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ WITH ORDER
|
On Behalf Of |
ROBERT ARNAZ RACKARD
|
View |
View File
|
|
|
TIMOTHY WATKINS A/K/A TIMOTHY D. WATKINS, AND MARY E. WATKINS F/K/A MARY E. THAYER VS ROBERT BARNETT, AS TRUSTEE OF THE RH 401(K) PLAN, AS SUCCESSOR IN INTEREST TO REGIONS BANK, AN ALABAMA BANKING CORPORATION, AS SUCCESSOR BY MERGER TO AMSOUTH BANK, ET AL
|
5D2022-2527
|
2022-10-11
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
5th District Court of Appeal
|
Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County
2021-CA-008226-O
|
Parties
Name |
Timothy Watkins
|
Role |
Appellant
|
Status |
Active
|
Representations |
Stacy J. Ford
|
|
Name |
Mary E. Watkins
|
Role |
Appellant
|
Status |
Active
|
|
Name |
RH 401(K) Plan
|
Role |
Appellee
|
Status |
Active
|
|
Name |
ADVANTAGE ROOFING INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
NATIONSTAR MORTGAGE LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
AMSOUTH BANK
|
Role |
Appellee
|
Status |
Active
|
|
Name |
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
QUICKEN LOANS INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Troy Daniel Thayer
|
Role |
Appellee
|
Status |
Active
|
|
Name |
MR COOPER LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
WATKINS WORLDWIDE INCORPORATED
|
Role |
Appellee
|
Status |
Active
|
|
Name |
REGIONS BANK
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. A. James Craner
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Orange Cty Circuit Ct Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
Robert Barnett
|
Role |
Appellee
|
Status |
Active
|
Representations |
Marie Tomassi, Christie L. Mitchell, Gerald D. Davis, Austin Matthew Noel, Jessica Loshin, Lara R. Fernandez
|
|
Docket Entries
Docket Date |
2022-10-27
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ AA W/IN 10 DYS FILE BRIEF STMNT RE: THIS COURT'S JURISDICTION...; AE W/IN 5 DYS FILE RESPONSE; NEITHER SHALL EXCEED 6 PGS
|
|
Docket Date |
2022-12-02
|
Type |
Disposition (SC)
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2022-11-14
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ TO BRIEF STMT. PER 10/27 ORDER
|
On Behalf Of |
Robert Barnett
|
|
Docket Date |
2022-11-14
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Robert Barnett
|
|
Docket Date |
2022-11-07
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ BRIEF STMT. PER 10/27 ORDER
|
On Behalf Of |
Timothy Watkins
|
|
Docket Date |
2022-12-27
|
Type |
Mandate
|
Subtype |
Notice Memorandum
|
Description |
Notice Memorandum
|
|
Docket Date |
2022-12-27
|
Type |
Record
|
Subtype |
Returned Records
|
Description |
Returned Records ~ NO RECORD E-FILED
|
|
Docket Date |
2022-12-02
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2022-12-02
|
Type |
Order
|
Subtype |
Order on Motion/Notice Voluntary Dismissal (non-dispositive)
|
Description |
Order Granting Voluntary Dismissal
|
|
Docket Date |
2022-12-01
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal ~ JT STIPULATION FOR DISMISSAL
|
On Behalf Of |
Timothy Watkins
|
|
Docket Date |
2022-12-01
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ INABILITY TO COMPLETE THE RECORD
|
On Behalf Of |
Orange Cty Circuit Ct Clerk
|
|
Docket Date |
2022-11-30
|
Type |
Order
|
Subtype |
Order
|
Description |
ORD - Appeal to Proceed
|
|
Docket Date |
2022-10-26
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief ~ TO 12/26
|
On Behalf Of |
Timothy Watkins
|
|
Docket Date |
2022-10-26
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
CASE FILING FEE PAID THROUGH PORTAL
|
On Behalf Of |
Timothy Watkins
|
|
Docket Date |
2022-10-24
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgement Letter 1
|
|
Docket Date |
2022-10-24
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Order to pay filing fee - Civil appeal (300)
|
|
Docket Date |
2022-10-11
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2022-10-11
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ FILED BELOW 10/11/22
|
On Behalf Of |
Timothy Watkins
|
|
|
Timothy M. Paletti as an Indispensable Individual in Interest, vs Nationstar Mortgage LLC D/B/A Mr. Cooper, Florida International Associates, Inc. WY, 1887 Family Limited Partnership KY, WV, Preece/Paletti Family Foundation, Inc.,
|
1D2022-2958
|
2022-09-19
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
1st District Court of Appeal
|
Originating Court |
Circuit Court for the Eighth Judicial Circuit, Gilchrist County
21-2020-CA-000013 CAAM
|
Parties
Name |
PREECE/PALETTI FAMILY FOUNDATION, INC.
|
Role |
Appellant
|
Status |
Active
|
|
Name |
FLORIDA INTERNATIONAL ASSOCIATES, INC. WY
|
Role |
Appellant
|
Status |
Active
|
|
Name |
Timothy M. Paletti
|
Role |
Appellant
|
Status |
Active
|
|
Name |
1887 Family Limited Partnership KY, WV
|
Role |
Appellant
|
Status |
Active
|
|
Name |
NATIONSTAR MORTGAGE LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Steven L. Force, Albert A. Zakarian, Mary Pascal Stella, Jason A. Storrings, Keith P. Merritt, Lindsey B. Lander
|
|
Name |
MR COOPER LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Robert K. Groeb
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Hon. Todd Newton
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2024-02-05
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Docket Entry
|
Description |
Miscellaneous Docket Entry - filed with m/stay
|
On Behalf Of |
Timothy M. Paletti
|
|
Docket Date |
2024-02-05
|
Type |
Motions Other
|
Subtype |
Motion To Stay
|
Description |
emergency Motion To Stay
|
On Behalf Of |
Timothy M. Paletti
|
|
Docket Date |
2024-01-30
|
Type |
Order
|
Subtype |
Order on Motion for Reinstatement
|
Description |
Order on Motion for Reinstatement
|
View |
View File
|
|
Docket Date |
2024-01-26
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Docket Entry
|
Description |
Miscellaneous Docket Entry - Copy of LT Motion
|
On Behalf Of |
Timothy M. Paletti
|
|
Docket Date |
2023-12-28
|
Type |
Post-Disposition Motions
|
Subtype |
Motion For Reinstatement
|
Description |
Motion For Reinstatement
|
On Behalf Of |
Timothy M. Paletti
|
|
Docket Date |
2023-12-18
|
Type |
Order
|
Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
Description |
Order on Motion for Reconsideration/Rehearing of an Order
|
View |
View File
|
|
Docket Date |
2023-11-21
|
Type |
Motions Other
|
Subtype |
Motion for Reconsideration/Rehearing of an Order
|
Description |
Motion for Reconsideration/Rehearing of an Order
|
On Behalf Of |
Timothy M. Paletti
|
|
Docket Date |
2023-10-23
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
Dismissed
|
View |
View File
|
|
Docket Date |
2023-10-05
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Docket Entry
|
Description |
Attachments to initial brief
|
On Behalf Of |
Timothy M. Paletti
|
|
Docket Date |
2023-10-05
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief
|
On Behalf Of |
Timothy M. Paletti
|
View |
View File
|
|
Docket Date |
2023-09-29
|
Type |
Order
|
Subtype |
Show Cause for Brief or Record on Appeal
|
Description |
Show Cause for Brief or Record on Appeal
|
View |
View File
|
|
Docket Date |
2023-09-19
|
Type |
Notice
|
Subtype |
Notice of Inability
|
Description |
Notice of Inability
|
On Behalf Of |
Hon. Todd Newton
|
|
Docket Date |
2023-09-13
|
Type |
Order
|
Subtype |
Order Directing Service of Filing
|
Description |
Order Directing Service of Filing
|
View |
View File
|
|
Docket Date |
2023-09-11
|
Type |
Notice
|
Subtype |
Notice of Inability
|
Description |
Notice of Inability
|
On Behalf Of |
Hon. Todd Newton
|
|
Docket Date |
2023-09-08
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Motion for Judicial Notice That The Armed Extortion at Gunpoint Continues in Gilchrist County (styled for and filed with LT)
|
On Behalf Of |
Timothy M. Paletti
|
|
Docket Date |
2023-08-11
|
Type |
Order
|
Subtype |
Order
|
Description |
Order
|
View |
View File
|
|
Docket Date |
2023-07-12
|
Type |
Motions Other
|
Subtype |
Motion To Expedite
|
Description |
Motion To Expedite
|
On Behalf Of |
Timothy M. Paletti
|
|
Docket Date |
2023-07-07
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion
|
On Behalf Of |
Timothy M. Paletti
|
|
Docket Date |
2023-06-20
|
Type |
Miscellaneous Document
|
Subtype |
Misc. Docket Entry
|
Description |
filed with 6/16 motion
|
On Behalf Of |
Timothy M. Paletti
|
View |
View File
|
|
Docket Date |
2023-06-17
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion
|
On Behalf Of |
Timothy M. Paletti
|
|
Docket Date |
2023-05-25
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing Order Dismissing Bankruptcy Case
|
On Behalf Of |
Nationstar Mortgage LLC
|
|
Docket Date |
2023-01-17
|
Type |
Order
|
Subtype |
Order
|
Description |
Order ~ In light of the notice docketed on November 22, 2022, the Court stays the proceedings in this cause until such time as the stay imposed by 11 U.S.C. § 362 is dissolved. The debtor shall notify this Court within ten days of dissolution of the stay. In any event, the debtor shall submit a report to this Court on or before July 10, 2023, which sets forth the status of the proceedings in bankruptcy.
|
|
Docket Date |
2023-01-10
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ of failure to file IB
|
On Behalf Of |
Nationstar Mortgage LLC
|
|
Docket Date |
2022-12-15
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Motion For Oral Argument
|
On Behalf Of |
Timothy M. Paletti
|
|
Docket Date |
2022-11-22
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ appellant's docket entry of November 15 on all counsel of record for appellees and supplemental certificate of service
|
On Behalf Of |
Timothy M. Paletti
|
|
Docket Date |
2022-11-16
|
Type |
Order
|
Subtype |
Order Directing Service of Filing
|
Description |
AA/PT Serve Copy/File Supp Cert of Svc 10 days ~ Appellant is directed to serve a copy of the Notice of Filing docketed November 15, 2022, on all counsel of record for Appellees, and to file a supplemental certificate of service within 10 days of this order which demonstrates that service. The failure of Appellant to timely comply with this order will result in striking of the Notice of Filing, as authorized by Florida Rule of Appellate Procedure 9.410(a).
|
|
Docket Date |
2022-11-15
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing
|
On Behalf Of |
Timothy M. Paletti
|
|
Docket Date |
2022-10-27
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ to 10/19 & 10/17 orders
|
On Behalf Of |
Timothy M. Paletti
|
|
Docket Date |
2022-10-27
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss
|
On Behalf Of |
Nationstar Mortgage LLC
|
|
Docket Date |
2022-10-26
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Nationstar Mortgage LLC
|
|
Docket Date |
2022-10-19
|
Type |
Order
|
Subtype |
Order
|
Description |
Order ~ Within ten days, Appellant shall file a complete copy of the circuit court’s amended final judgment of foreclosure rendered on September 6, 2022. If Appellant fails to timely comply with this order, the Court may impose sanctions, which may include dismissal of the appeal, without further opportunity to be heard. See Fla. R. App. P. 9.410.
|
|
Docket Date |
2022-10-17
|
Type |
Order
|
Subtype |
Order Directing Service of Filing
|
Description |
AA/PT Serve Copy/File Supp Cert of Svc 10 days ~ Appellant is directed to serve a copy of the miscellaneous documents docketed October 14, 2022, on the Appellees, and to file a supplemental certificate of service within 10 days of this order which demonstrates that service. The failure of Appellant to timely comply with this order will result in striking of the miscellaneous documents, as authorized by Florida Rule of Appellate Procedure 9.410(a).
|
|
Docket Date |
2022-10-17
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Nationstar Mortgage LLC
|
|
Docket Date |
2022-10-14
|
Type |
Misc. Events
|
Subtype |
Docketing Statement
|
Description |
Docketing Statement
|
|
Docket Date |
2022-10-04
|
Type |
Notice
|
Subtype |
Amended Notice of Appeal
|
Description |
Amended Notice of Appeal ~ cert. serv., w/ attachments
|
|
Docket Date |
2022-09-20
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Notice of Appeal / Acknowledgement letter ~ Notice of Appeal from the lower tribunal reflecting a filing date of September 16, 2022.
|
|
Docket Date |
2022-09-20
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Appeal-Pay Fee/Submit LT Ord of Insolv ($300) ~ Appellant has filed a notice of appeal in the lower tribunal without the entry of an order of insolvency or deposit of the statutory filing fee. Accordingly, Appellant shall, within 30 days from the date of this order, either file a certified copy of the lower tribunal's order of insolvency for appellate purposes as required by Florida Rule of Appellate Procedure 9.430 or pay to the clerk of this Court the sum of $300.00 as the appellate filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2018). If Appellant seeks a waiver of the filing fee on the grounds of indigency, Appellant shall file a motion and affidavit of indigency with the clerk of the lower tribunal (the court, agency, officer, board, commission, or body whose order is to be reviewed) for a determination by the lower tribunal of whether an order of insolvency should be issued pursuant to Rule 9.430 and Section 57.081(1) or 57.085(2), Florida Statutes (2018), as applicable.This appeal shall not proceed until the order of insolvency is filed or the fee is paid. Failure to comply with this order will result in the dismissal of this case without further opportunity to be heard. Florida Rule of Appellate Procedure 9.410.
|
|
Docket Date |
2022-09-19
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ set up as styled
|
On Behalf Of |
Hon. Todd Newton
|
|
Docket Date |
2022-09-19
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
On Behalf Of |
Hon. Todd Newton
|
|
|
GINGER L. DOWNS VS NATIONSTAR MORTGAGE, LLC, et al.
|
4D2021-3561
|
2021-12-20
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE17003718
|
Parties
Name |
FORECLOSURE, INC.
|
Role |
Appellant
|
Status |
Active
|
|
Name |
Ginger L. Downs
|
Role |
Appellant
|
Status |
Active
|
|
Name |
NATIONSTAR MORTGAGE LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Elizabeth A. Wulff, Nathan A. Schwartz, Jonathan Meisels, David Yehuda Rosenberg, Gregory Wallach, Ruthamar Hyppolite, Michael Villarosa, Kim F. Stevens
|
|
Name |
Clarfield, Okun & Salomone, P.L.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Covius Holdings, Inc.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
SPECIALIZED LOAN SERVICING LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
MR COOPER LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Robertson, Anschutz, Schneid, Crane, PLLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
NATIONWIDE TITLE CLEARING, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Barry Stone
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2021-12-20
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
WV:Waived
|
|
Docket Date |
2021-12-20
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2021-12-22
|
Type |
Misc. Events
|
Subtype |
Determination of Indigency/LT Order Insolvency
|
Description |
Determination of Indigent Status
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2021-12-21
|
Type |
Order
|
Subtype |
Order to File Response re Jurisdiction
|
Description |
ORD-For Untimely Filing of Notice of Appeal-LT ~ The court has received the Notice of Appeal in the above-styled case and finds, from the face of the Notice, that the appeal appears to be untimely filed. The Notice was filed in the Lower Tribunal on December 18, 2021, and the Notice reflects November 17, 2021, as the date of the order being appealed.ORDERED that appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order(s) being appealed and any subsequent orders which tolled the time for the filing of the Notice of Appeal. Said orders must reflect the time/date stamp so that timeliness can be determined.ORDERED that failure to comply with this order will result in the sua sponte dismissal of the above-styled case as being an untimely appeal.
|
|
Docket Date |
2021-12-20
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ Indigent per 18-3435
|
On Behalf Of |
Ginger L. Downs
|
|
Docket Date |
2022-02-07
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ (531 PAGES)
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2022-01-18
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORD-Sua Sponte Dismissed as Untimely ~ ORDERED sua sponte that the above-styled appeal is dismissed as untimely filed.MAY, GERBER and LEVINE, JJ., concur.
|
|
Docket Date |
2022-01-18
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge
|
|
Docket Date |
2022-01-10
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Nationstar Mortgage, LLC
|
|
|
WILLIAM NEWT HUDSON VS NATIONSTAR MORTGAGE, LLC D/B/A MR. COOPER
|
2D2021-1910
|
2021-06-29
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
2019CA-3691
|
Parties
Name |
WILLIAM NEWT HUDSON
|
Role |
Appellant
|
Status |
Active
|
Representations |
WM. NEWT HUDSON, ESQ.
|
|
Name |
NATIONSTAR MORTGAGE LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
ASHLEY ARENAS - DE CUBAS, ESQ., AAMIR SAEED, ESQ., STEVEN FORCE, ESQ.
|
|
Name |
MR COOPER LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
HON. GEORGE JIROTKA
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
PINELLAS CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2022-11-04
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ Appellant filed a "Motion for Attorney's Fees." Appellant's motion is denied.Appellee filed a "Motion for Attorney's Fees." Appellee's motion is granted. The matter is remanded to the trial court to determine the amount of appellate attorney's fees. To the extent appellee's motion seeks recovery for costs, such request is stricken. See Fla. R. App. P. 9.400(a).
|
|
Docket Date |
2022-11-04
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2022-12-30
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2022-12-30
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2022-12-13
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing
|
Description |
ORD-DENYING REHEARING ~ Appellant's motion for rehearing or issuance of a written opinion is denied.
|
|
Docket Date |
2022-11-21
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion For Rehearing ~ OR ISSUANCE OF A WRITTEN OPINION
|
On Behalf Of |
WILLIAM NEWT HUDSON
|
|
Docket Date |
2022-10-25
|
Type |
Misc. Events
|
Subtype |
Oral Argument Date Set
|
Description |
Oral Argument Date Set ~ Remote
|
|
Docket Date |
2021-08-20
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance ~ NOTICE OF APPEARANCE
|
On Behalf Of |
NATIONSTAR MORTGAGE, LLC
|
|
Docket Date |
2021-07-26
|
Type |
Misc. Events
|
Subtype |
Certificate
|
Description |
Certificate ~ AMENDED CERTIFICATE OF SERVICE OF NOTICE OF APPEAL
|
On Behalf Of |
WILLIAM NEWT HUDSON
|
|
Docket Date |
2021-07-26
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1 ~ AMENDED
|
|
Docket Date |
2022-06-07
|
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 |
2022-06-06
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ APPELLANT'S MOTION FOR ATTORNEY'S FEES
|
On Behalf Of |
WILLIAM NEWT HUDSON
|
|
Docket Date |
2022-06-06
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant Reply Brief
|
On Behalf Of |
WILLIAM NEWT HUDSON
|
|
Docket Date |
2022-06-06
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
WILLIAM NEWT HUDSON
|
|
Docket Date |
2022-05-06
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee Answer Brief
|
On Behalf Of |
NATIONSTAR MORTGAGE, LLC
|
|
Docket Date |
2022-04-07
|
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 30 days from the date of this order.
|
|
Docket Date |
2022-04-05
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extension of time to file Answer Brief ~ APPELLEE'S MOTION FOR EXTENSION OF TIME TO FILE ANSWERBRIEF **NOTED-SEE AMENDED MOTION**
|
On Behalf Of |
NATIONSTAR MORTGAGE, LLC
|
|
Docket Date |
2022-02-22
|
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 shall be served by April 5, 2022.
|
|
Docket Date |
2022-02-18
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extension of time to file Answer Brief ~ see amended motion
|
On Behalf Of |
NATIONSTAR MORTGAGE, LLC
|
|
Docket Date |
2022-01-05
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ NOTICE OF CHANGE OF FIRM NAME
|
On Behalf Of |
NATIONSTAR MORTGAGE, LLC
|
|
Docket Date |
2021-12-08
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
NATIONSTAR MORTGAGE, LLC
|
|
Docket Date |
2021-12-06
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits
|
On Behalf Of |
WILLIAM NEWT HUDSON
|
|
Docket Date |
2021-11-22
|
Type |
Record
|
Subtype |
Transcript
|
Description |
Transcript Received ~ 2ND TRANSCRIPT - REDACTED - 59 PAGES
|
|
Docket Date |
2021-11-18
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ AMENDED AGREED EXTENSION OF TIME FOR INITIAL BRIEF(Amended to include statement of the number of days for extension)//18 - IB DUE 12/6/21 (LAST REQUEST)
|
On Behalf Of |
WILLIAM NEWT HUDSON
|
|
Docket Date |
2021-11-17
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ AGREED EXTENSION OF TIME FOR lNITIAL BRIEF
|
On Behalf Of |
WILLIAM NEWT HUDSON
|
|
Docket Date |
2021-11-17
|
Type |
Order
|
Subtype |
Order Striking Stipulation for Extension
|
Description |
striking stip for eot; no date certain ~ The notice of agreed extension of time submitted by William Newt Hudson on November 17, 2021, is stricken. Stipulations for extension of time as authorized by Administrative Order 2013-1 require statement of the number of days for extension in addition to a date certain for filing the brief.
|
|
Docket Date |
2021-11-03
|
Type |
Order
|
Subtype |
Order on Motion To Withdraw as Counsel
|
Description |
ORD-WITHDRAW AS COUNSEL ~ The motion for leave to withdraw as counsel for the Appellee filed by Attorney Aamir Saeed is granted. Attorney Saeed is relieved of further appellate responsibilities. Attorney Ashley Arenas-DeCubas of Choice Legal Group, P.A. remains counsel of record for the Appellee.
|
|
Docket Date |
2021-11-01
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion To Withdraw as Counsel
|
Description |
Motion To Withdraw as Counsel
|
On Behalf Of |
NATIONSTAR MORTGAGE, LLC
|
|
Docket Date |
2021-10-29
|
Type |
Order
|
Subtype |
Order on Motion To Withdraw as Counsel
|
Description |
ORD-WITHDRAW AS COUNSEL ~ The motion to withdraw as counsel for the Appellee filed by Attorney Robert R. Edwards is granted. Attorney Edwards is relieved of further appellate responsibilities. Attorneys Ashley Arenas-DeCubas and Aamir Saeed of Choice Legal Group, P.A. remain counsel of record for the Appellee.
|
|
Docket Date |
2021-10-26
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion To Withdraw as Counsel
|
Description |
Motion To Withdraw as Counsel ~ MOTION FOR LEAVE TO WITHDRAW AS COUNSEL FOR APPELLEE
|
On Behalf Of |
NATIONSTAR MORTGAGE, LLC
|
|
Docket Date |
2021-10-19
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ CORRECTED AGREED EXTENSION OF TIME FOR INITIAL BRIEF (Corrected to reflect the name of counsel for the appellee which agreed to the extension)
|
On Behalf Of |
WILLIAM NEWT HUDSON
|
|
Docket Date |
2021-10-18
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30 - IB DUE 11/17/21
|
On Behalf Of |
WILLIAM NEWT HUDSON
|
|
Docket Date |
2021-09-27
|
Type |
Record
|
Subtype |
Transcript
|
Description |
Transcript Received ~ REDACTED - 53 PAGES
|
|
Docket Date |
2021-09-27
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ AGREED EXTENSION OF TIME FOR INITIAL BRIEF//21 - IB DUE 10/19/21
|
On Behalf Of |
WILLIAM NEWT HUDSON
|
|
Docket Date |
2021-09-02
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 21 - IB DUE 9/28/21
|
On Behalf Of |
WILLIAM NEWT HUDSON
|
|
Docket Date |
2021-09-01
|
Type |
Misc. Events
|
Subtype |
Certificate
|
Description |
Certificate ~ CERTIFICATE 0F THE CLERK
|
On Behalf Of |
PINELLAS CLERK
|
|
Docket Date |
2021-06-29
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ W/ORDER APPEALED
|
On Behalf Of |
WILLIAM NEWT HUDSON
|
|
Docket Date |
2021-06-29
|
Type |
Order
|
Subtype |
Certificate of Service
|
Description |
c of s; mailing addresses ~ The notice of appeal that initiated this proceeding does not provide mailing addresses for those served with the notice. Appellant shall within five days submit an amended certificate of service that lists current mailing addresses for all entities served with the notice of appeal.
|
|
Docket Date |
2021-06-29
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2021-06-29
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2022-08-16
|
Type |
Order
|
Subtype |
Order Re: Video Oral Argument
|
Description |
OA Notice Video ~ This case is provisionally set for oral argument on TUESDAY, OCTOBER 25, 2022, at 9:30 A.M., before: Judge Edward C. LaRose, Judge Susan H. Rothstein-Youakim, Judge Suzanne Labrit. 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 |
2022-06-10
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument ~ APPELLEE'S REQUEST TO CONDUCT ORAL ARGUMENT, IF ANY, BY VIDEO
|
On Behalf Of |
NATIONSTAR MORTGAGE, LLC
|
|
Docket Date |
2021-07-23
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ Appellant's compliance with this court's June 29, 2021, order is overdue. Florida Rule of Appellate Procedure 9.420(d) states that prima facie service is demonstrated by an attorney's certificate that complies in substance with Florida Rule of Judicial Administration 2.516(f). Rule 2.516(f) requires the name of those served, address used for service, and mailing address. Within five days from the date of this order, Appellant shall submit an amended certificate of service that lists the names, mailing addresses, and addresses used for service for all served with the notice of appeal. Failure to comply with this order may result in dismissal of this appeal without further notice.
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|
|
HARMONY TERRACE CONDOMINIUM ASSOCIATION, INC. VS NATIONSTAR MORTGAGE, LLC, et al.
|
4D2021-1155
|
2021-03-26
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE18-028391
|
Parties
Name |
FORECLOSURE, INC.
|
Role |
Appellant
|
Status |
Active
|
|
Name |
HARMONY TERRACE CONDOMINIUM ASSOCIATION, INC.
|
Role |
Appellant
|
Status |
Active
|
Representations |
Jeremy M. Zubkoff, Beth Lindie
|
|
Name |
NATIONSTAR MORTGAGE LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
David Yehuda Rosenberg, Kelly E. McGuire, Brian Kowal
|
|
Name |
CitiBank, N.A.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
The Estate of Marjorie Slack, deceased
|
Role |
Appellee
|
Status |
Active
|
|
Name |
MR COOPER LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Opal Taylor
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Andrea Gundersen
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2021-10-11
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief
|
On Behalf Of |
Nationstar Mortgage, LLC
|
|
Docket Date |
2022-07-01
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2022-07-01
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2022-06-09
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2022-03-04
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
Harmony Terrace Condominium Association, Inc.
|
|
Docket Date |
2022-03-01
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
Description |
ORD-Reply Brief to be Served ~ ORDERED that appellant's February 22, 2022 motion for extension of time is granted, and appellant shall serve the reply brief on or before March 4, 2022. In addition, if the reply brief is served after the time provided for in this order, it will be subject to being stricken, 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 reply 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.
|
|
Docket Date |
2022-02-22
|
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 |
Harmony Terrace Condominium Association, Inc.
|
|
Docket Date |
2022-02-08
|
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 appellant's February 2, 2022 motion for extension of time is granted in part, and 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 |
2022-02-02
|
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 |
Harmony Terrace Condominium Association, Inc.
|
|
Docket Date |
2022-01-04
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
Nationstar Mortgage, LLC
|
|
Docket Date |
2021-12-16
|
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 December 10, 2021 motion for extension of time is granted, and appellee shall serve the answer brief on or before January 9, 2022. 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 |
2021-12-10
|
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 |
Nationstar Mortgage, LLC
|
|
Docket Date |
2021-11-10
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 12/10/21.
|
|
Docket Date |
2021-11-10
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief
|
On Behalf Of |
Nationstar Mortgage, LLC
|
|
Docket Date |
2021-10-11
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 11/10/21.
|
|
Docket Date |
2021-09-10
|
Type |
Brief
|
Subtype |
Amended Initial Brief
|
Description |
Amended Appellant's Initial Brief
|
On Behalf Of |
Harmony Terrace Condominium Association, Inc.
|
|
Docket Date |
2021-09-02
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits ~ **STRICKEN**
|
On Behalf Of |
Harmony Terrace Condominium Association, Inc.
|
|
Docket Date |
2021-09-02
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORD-Stricken ~ ORDERED that appellant's initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.210 in that it is not fully text searchable. An amended brief 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.
|
|
Docket Date |
2021-08-04
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's August 2, 2021 motion for extension of time is granted, and appellant shall serve the initial brief on or before September 1, 2021. 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 |
2021-07-30
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant's July 30, 2021 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does 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.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
Docket Date |
2021-07-30
|
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 |
Harmony Terrace Condominium Association, Inc.
|
|
Docket Date |
2021-07-12
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief
|
On Behalf Of |
Harmony Terrace Condominium Association, Inc.
|
|
Docket Date |
2021-07-12
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 17 DAYS TO 8/2/21.
|
|
Docket Date |
2021-06-02
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief
|
On Behalf Of |
Harmony Terrace Condominium Association, Inc.
|
|
Docket Date |
2021-06-02
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 43 DAYS TO 7/16/21.
|
|
Docket Date |
2021-05-18
|
Type |
Misc. Events
|
Subtype |
Affidavit
|
Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2021-05-18
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ (425 PAGES)
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2021-04-15
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Nationstar Mortgage, LLC
|
|
Docket Date |
2021-04-09
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
Harmony Terrace Condominium Association, Inc.
|
|
Docket Date |
2021-03-30
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2021-03-30
|
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, 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 that 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 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 circuit court clerk's determination of indigent status is filed.
|
|
Docket Date |
2021-03-26
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Harmony Terrace Condominium Association, Inc.
|
|
Docket Date |
2021-03-26
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
|
NATIONSTAR MORTGAGE LLC VS CHERI MELCHIONE, ET AL
|
2D2020-3373
|
2020-11-24
|
Closed
|
|
Classification |
NOA Non Final - Circuit Civil - Other
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Sarasota County
2011 CA 005724 NC
|
Parties
Name |
NATIONSTAR MORTGAGE LLC
|
Role |
Appellant
|
Status |
Active
|
Representations |
CHARLES P. GUFFORD, ESQ., NICHOLAS J. VANHOOK, ESQ.
|
|
Name |
MR COOPER LLC
|
Role |
Appellant
|
Status |
Active
|
|
Name |
TENANT #1
|
Role |
Appellee
|
Status |
Active
|
|
Name |
TENANT #2 N/K/A JEFF GAVETTE
|
Role |
Appellee
|
Status |
Active
|
|
Name |
HON. ANDREA MC HUGH
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
SARASOTA CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
CHERI MELCHIONE
|
Role |
Appellee
|
Status |
Active
|
Representations |
JESSICA A. TRAVIS, ESQ., CINDY A. HILL, ESQ, PAUL E. OLAH, JR., ESQ., JENNIFER L. HICKS, ESQ., KARI L. MARTIN, ESQ.
|
|
Docket Entries
Docket Date |
2020-12-17
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time to file initial brief in 2D20-3373 is granted, and appellant shall serve its initial brief and appendix on or before January 19, 2021.
|
|
Docket Date |
2021-06-08
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2021-05-21
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ Appellant and Appellee each seek appellate attorney's fees pursuant to the fee provisions contained in the loan documents. Appellee's motion for appellate attorney's fees is granted as to entitlement, in a reasonable amount to be determined by the trial court. See Fla. R. App. P. 9.400(b). Appellant's motion for appellate attorney's fees is denied. Appellee has also filed a motion seeking attorney's fees as a sanction under Florida Rule of Appellate Procedure 9.410(b). Because we conclude that Appellant's appeal was not frivolous, the motion for sanctions is denied.
|
|
Docket Date |
2021-05-21
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2021-02-16
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant Reply Brief
|
On Behalf Of |
NATIONSTAR MORTGAGE LLC
|
|
Docket Date |
2021-02-16
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
NATIONSTAR MORTGAGE LLC
|
|
Docket Date |
2021-02-04
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Fees and Cost ~ APPELLEE'S MOTION FOR APPELLATE ATTORNEY'S FEES
|
On Behalf Of |
CHERI MELCHIONE
|
|
Docket Date |
2021-01-25
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ TO APPELLEE'S MOTION FOR SANCTIONS
|
On Behalf Of |
NATIONSTAR MORTGAGE LLC
|
|
Docket Date |
2021-01-22
|
Type |
Motions Other
|
Subtype |
Motion for Sanctions
|
Description |
Motion for Sanctions ~ APPELLEE'S MOTION FOR SANCTIONSAppellee has also filed a motion seeking attorney's fees as a sanction under Florida Rule of Appellate Procedure 9.410(b). Because we conclude that Appellant's appeal was not frivolous, the motion for sanctions is denied.
|
On Behalf Of |
CHERI MELCHIONE
|
|
Docket Date |
2021-01-22
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee Answer Brief
|
On Behalf Of |
CHERI MELCHIONE
|
|
Docket Date |
2020-12-28
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits
|
On Behalf Of |
NATIONSTAR MORTGAGE LLC
|
|
Docket Date |
2020-12-28
|
Type |
Record
|
Subtype |
Appendix to Initial Brief
|
Description |
Appendix for Initial Brief
|
On Behalf Of |
NATIONSTAR MORTGAGE LLC
|
|
Docket Date |
2020-12-04
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLEE CHERI MELCHIONE'S RESPONSE TO APPELLANTS MOTION TO CONSOLIDATE APPEALS
|
On Behalf Of |
CHERI MELCHIONE
|
|
Docket Date |
2020-12-02
|
Type |
Motions Other
|
Subtype |
Motion To Consolidate
|
Description |
Motion To Consolidate
|
On Behalf Of |
NATIONSTAR MORTGAGE LLC
|
|
Docket Date |
2020-12-02
|
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 |
NATIONSTAR MORTGAGE LLC
|
|
Docket Date |
2020-11-30
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2020-11-30
|
Type |
Order
|
Subtype |
Proceed per 9.130(a)(5)
|
Description |
proceed per 9.130(a)(5) - challenges
|
|
Docket Date |
2020-11-24
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2020-11-24
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2020-11-24
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ WITH ORDER
|
On Behalf Of |
NATIONSTAR MORTGAGE LLC
|
|
Docket Date |
2020-11-24
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
fee - civil; atty
|
|
|
MICHAEL J. HART VS NATIONSTAR MORTGAGE, LLC d/b/a MR. COOPER
|
4D2019-2678
|
2019-08-23
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
2018CA000719
|
Parties
Name |
MICHAEL J. HART INC.
|
Role |
Appellant
|
Status |
Active
|
Representations |
Donna Greenspan Solomon, Donald J. Thomas
|
|
Name |
FORECLOSURE, INC.
|
Role |
Appellant
|
Status |
Active
|
|
Name |
NATIONSTAR MORTGAGE LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Rachel Hyman, Ileen Jill Cantor, Barry Fishman
|
|
Name |
MR COOPER LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Susan Lebow
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2020-05-28
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2020-05-28
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
Order Granting Voluntary Dismissal ~ Pursuant to the May 27, 2020 notice of voluntary dismissal, this case is dismissed.
|
|
Docket Date |
2020-05-27
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal
|
On Behalf Of |
Michael J. Hart
|
|
Docket Date |
2020-04-20
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief
|
On Behalf Of |
Michael J. Hart
|
|
Docket Date |
2020-04-20
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 05/26/2020
|
|
Docket Date |
2020-03-24
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 4/24/2020
|
|
Docket Date |
2020-03-24
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief
|
On Behalf Of |
Michael J. Hart
|
|
Docket Date |
2020-02-19
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief
|
On Behalf Of |
Michael J. Hart
|
|
Docket Date |
2020-02-19
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 3/25/2020
|
|
Docket Date |
2020-02-04
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 369 PAGES
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2020-01-06
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report
|
On Behalf Of |
Michael J. Hart
|
|
Docket Date |
2019-12-31
|
Type |
Order
|
Subtype |
Order to File Status Report
|
Description |
Order for Status Report Re: ROA ~ Upon consideration of the Notice of Non-Payment of Appeal Invoice filed by the clerk of the lower tribunal on September 19, 2019, appellant is ordered to file a report, within ten (10) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
|
|
Docket Date |
2019-12-16
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Trial Court Order
|
Description |
ORD-FROM CIRCUIT COURT/AGENCY
|
On Behalf Of |
Michael J. Hart
|
|
Docket Date |
2019-12-09
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Deny Miscellaneous Motion ~ Upon consideration of appellant’s December 2, 2019 response in opposition, it is ORDERED that appellee’s November 15, 2019 “motion to lift stay, for an order to direct the appellant to file his initial brief forthwith, and dismiss the appeal insofar as it requests review of an order denying an objection to sale” is denied. See U.S. Bank, N.A. v. Vogel, 137 So. 3d 491, 492, n.1 (Fla. 4th DCA 2014) ("Because the order [denying the motion to vacate foreclosure sale] is appealable as a discrete final order, we have jurisdiction under Florida Rule of Appellate Procedure 9.030(b)(1)(A). See Popescu v. Laguna Master Ass'n, 126 So.3d 449, 450 (Fla. 4th DCA 2013)."); DeArdila v. Chase Manhattan Mortgage Corp., 826 So. 2d 419, 421 (Fla. 3d DCA 2002) (treating an order disposing of an objection to foreclosure sale as a final order and permitting a motion for rehearing to be directed at the order).
|
|
Docket Date |
2019-12-02
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO MOTION TO LIFT STAY AND DISMISS APPEAL
|
On Behalf Of |
Michael J. Hart
|
|
Docket Date |
2019-11-15
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion
|
On Behalf Of |
NATIONSTAR MORTGAGE, LLC
|
|
Docket Date |
2019-10-23
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report
|
On Behalf Of |
Michael J. Hart
|
|
Docket Date |
2019-09-23
|
Type |
Order
|
Subtype |
Order on Motion to Stay
|
Description |
Grant Stay ~ ORDERED that appellant’s August 28, 2019 “motion for stay while motion for rehearing is pending in trial court” is granted, and the above-styled case is stayed until the trial court disposes of the motion for rehearing and appellant files a copy of the order in this court. On that date, the stay will be automatically lifted, and the briefing schedule shall run from that date. See Fla. R. App. P. 9.020(h)(2)(C). If the trial court has not entered an order disposing of the motion within thirty (30) days from the date of this order, appellant shall file a status report with this court as to the progress being made towards disposition of the motion.
|
|
Docket Date |
2019-09-19
|
Type |
Misc. Events
|
Subtype |
Affidavit
|
Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2019-09-12
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
NATIONSTAR MORTGAGE, LLC
|
|
Docket Date |
2019-08-30
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
Michael J. Hart
|
|
Docket Date |
2019-08-28
|
Type |
Motions Other
|
Subtype |
Motion To Stay
|
Description |
Motion To Stay
|
On Behalf Of |
Michael J. Hart
|
|
Docket Date |
2019-08-28
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Michael J. Hart
|
|
Docket Date |
2019-08-26
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2019-08-26
|
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, 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 that 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 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 circuit court clerk's determination of indigent status is filed.
|
|
Docket Date |
2019-08-23
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2019-08-23
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Michael J. Hart
|
|
|