| Entity Name: | FORECLOSURE, INC. |
| Jurisdiction: | FLORIDA |
| Filing Type: |
Domestic Profit
FORECLOSURE, INC. is structured as a Domestic Profit Corporation, which, in Florida signifies a Profit Corporation (also known as a C-Corporation). This business structure is recognized as a separate legal entity from its owners. This offers shareholders the benefit of limited liability protection, safeguarding their personal assets from the corporation's debts and obligations, and facilitates raising capital through the issuance of stock. In Florida, Domestic Profit Corporations are governed by Title XXXVI, Chapter 607, Florida Statutes – Florida Business Corporation Act. |
| Status: |
Inactive
The business entity is inactive. This status may signal operational issues or voluntary closure, raising concerns about the business's ability to repay loans and requiring careful risk assessment by lenders. |
| Date Filed: | 18 May 1990 (35 years ago) |
| Date of dissolution: | 13 Aug 1993 (32 years ago) |
| Last Event: | ADMIN DISSOLUTION FOR ANNUAL REPORT |
| Event Date Filed: | 13 Aug 1993 (32 years ago) |
| Document Number: | L73956 |
| FEI/EIN Number |
593142539
Federal Employer Identification (FEI) Number assigned by the IRS. |
| Address: | % DEMERE MASON, 516 WEST ADAMS ST., JACKSONVILLE, FL, 32202 |
| Mail Address: | % DEMERE MASON, 516 WEST ADAMS ST., JACKSONVILLE, FL, 32202 |
| ZIP code: | 32202 |
| County: | Duval |
| Place of Formation: | FLORIDA |
| Name | Role | Address |
|---|---|---|
| JACKSON, EDWARD | Director | 516 WEST ADAMS ST., JACKSONVILLE, FL |
| JACKSON, EDWARD | President | 516 WEST ADAMS ST., JACKSONVILLE, FL |
| JACKSON, EDWARD | Vice President | 516 WEST ADAMS ST., JACKSONVILLE, FL |
| MASON, DEMERE | Secretary | 516 WEST ADAMS ST., JACKSONVILLE, FL |
| MASON, DEMERE | Treasurer | 516 WEST ADAMS ST., JACKSONVILLE, FL |
| MASON, DEMERE | Agent | 516 WEST ADAMS ST., JACKSONVILLE, FL, 32202 |
| Event Type | Filed Date | Value | Description |
|---|---|---|---|
| ADMIN DISSOLUTION FOR ANNUAL REPORT | 1993-08-13 | - | - |
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| DONALD MORRIS and MARY MORRIS, Appellant(s) v. TOWER HILL PRIME INSURANCE COMPANY, Appellee(s). | 4D2023-2228 | 2023-09-15 | Closed | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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| Name | Donald Morris |
| Role | Appellant |
| Status | Active |
| Representations | Michael Cecere, Joseph Sassoon Kashi |
| Name | Mary Morris |
| Role | Appellant |
| Status | Active |
| Name | FORECLOSURE, INC. |
| Role | Appellant |
| Status | Active |
| Name | Hon. Marina Garcia Wood |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Broward Clerk |
| Role | Lower Tribunal Clerk |
| Status | Active |
| Name | TOWER HILL PRIME INSURANCE COMPANY |
| Role | Appellee |
| Status | Active |
| Representations | Michael Adam Packer, Stephen John Poljak, Kimberly Kanoff Berman, Scot Samis, Christopher Ryan Jones, Brandon Robert Christian |
Docket Entries
| Docket Date | 2024-01-29 |
| Type | Notice |
| Subtype | Notice of Confidential Information within Court Filing |
| Description | Notice of Confidential Information within Court Filing |
| On Behalf Of | Donald Morris |
| Docket Date | 2024-01-08 |
| Type | Response |
| Subtype | Response |
| Description | RESPONSE TO MOTION FOR APPELLATE ATTORNEY'S FEES |
| Docket Date | 2023-12-28 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Answer Brief |
| View | View File |
| Docket Date | 2023-12-28 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees |
| Docket Date | 2024-06-22 |
| Type | Motions Other |
| Subtype | Miscellaneous Motion |
| Description | Motion for Written Opinion |
| Docket Date | 2024-07-30 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| View | View File |
| Docket Date | 2024-07-30 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2024-07-12 |
| Type | Order |
| Subtype | Order on Motion for Written Opinion |
| Description | ORDERED that Appellants' June 21, 2024 motion for written opinion is denied. |
| View | View File |
| Docket Date | 2024-07-09 |
| Type | Response |
| Subtype | Response |
| Description | Appellee's Response to Appellant's Motion for Written Opinion |
| On Behalf Of | Tower Hill Prime Insurance Company |
| Docket Date | 2024-06-13 |
| Type | Order |
| Subtype | Order on Motion For Attorney's Fees |
| Description | Order on Motion For Attorney's Fees |
| View | View File |
| Docket Date | 2024-06-13 |
| Type | Disposition by Opinion |
| Subtype | Affirmed |
| Description | Affirmed |
| View | View File |
| Docket Date | 2024-04-05 |
| Type | Order |
| Subtype | Order on Motion/Request for Oral Argument |
| Description | Order on Motion/Request for Oral Argument |
| View | View File |
| Docket Date | 2024-01-29 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | **Confidential** Reply Brief |
| On Behalf Of | Donald Morris |
| Docket Date | 2023-11-15 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Record on Appeal; 2,025 Pages |
| On Behalf Of | Broward Clerk |
| Docket Date | 2023-11-14 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Answer Brief |
| Description | Motion for Extension of Time to Serve Answer Brief |
| Docket Date | 2023-11-13 |
| Type | Response |
| Subtype | Response |
| Description | Response to Appellants' Motion for Appellate Attorneys' Fees |
| On Behalf Of | Tower Hill Prime Insurance Company |
| Docket Date | 2023-10-30 |
| Type | Record |
| Subtype | Appendix to Initial Brief |
| Description | **CONFIDENTIAL** Appendix to Initial Brief |
| On Behalf Of | Donald Morris |
| Docket Date | 2023-10-30 |
| Type | Notice |
| Subtype | Notice of Confidential Information within Court Filing |
| Description | Notice of Confidential Information within Court Filing |
| On Behalf Of | Donald Morris |
| Docket Date | 2023-10-30 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | **CONFIDENTIAL** Initial Brief |
| On Behalf Of | Donald Morris |
| Docket Date | 2023-10-30 |
| Type | Motion |
| Subtype | Request-Oral Argument |
| Description | Request for Oral Argument |
| On Behalf Of | Donald Morris |
| View | View File |
| Docket Date | 2023-10-30 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees |
| Docket Date | 2023-10-06 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Tower Hill Prime Insurance Company |
| Docket Date | 2023-10-02 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
| Description | ORDERED that Appellants' September 29, 2023 motion for extension of time is granted, and Appellants shall serve the initial brief within thirty (30) days from the date of this order. 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. |
| View | View File |
| Docket Date | 2023-09-29 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Initial Brief |
| Description | Motion for Extension of Time to Serve Initial Brief |
| Docket Date | 2023-09-18 |
| Type | Miscellaneous Document |
| Subtype | Pay Case Filing Fee-300 |
| Description | Paid Case Filing Fee-300 |
| On Behalf Of | Donald Morris |
| View | View File |
| Docket Date | 2023-09-15 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| View | View File |
| Docket Date | 2023-09-15 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | Order on Filing Fee |
| View | View File |
| Docket Date | 2023-09-15 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal |
| Docket Date | 2023-11-15 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
| Description | ORDERED that Appellee's November 14, 2023 motion for extension of time is granted, and Appellee shall serve the answer brief on or before December 28, 2023. 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. |
| View | View File |
| Docket Date | 2023-10-04 |
| Type | Order |
| Subtype | Amended/Corrected Order |
| Description | ORDERED that this court's October 2, 2023 order is amended as follows: ORDERED that Appellants' September 29, 2023 motion for extension of time is granted, and Appellants shall serve the initial brief within thirty (30) days from the current due date. 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. |
| View | View File |
| Classification | NOA Final - Circuit Civil - Foreclosure |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County 502017CA008607 |
Parties
| Name | Penlope Costello |
| Role | Appellant |
| Status | Active |
| Representations | Robert A. Stok, Yosef Kudan |
| Name | Estate of Mary C. Pathouhas |
| Role | Appellant |
| Status | Active |
| Name | Philip Patouhas |
| Role | Appellant |
| Status | Active |
| Name | FORECLOSURE, INC. |
| Role | Appellant |
| Status | Active |
| Name | Clerk - Palm Beach |
| Role | Lower Tribunal Clerk |
| Status | Active |
| Name | SOUTH PALM RESIDENCE INC |
| Role | Appellee |
| Status | Active |
| Representations | Yvette Rose Lavelle, Elaine D. Walter, James K. Parker, Christopher J. Perez-Gurri, Anthony Brown, Joy K. Mattingly, Lilliana Farinas-Sabogal |
| Name | Hon. Jaimie Goodman |
| Role | Judge/Judicial Officer |
| Status | Active |
Docket Entries
| Docket Date | 2024-05-02 |
| Type | Recognizing Agreed Extension |
| Subtype | Answer Brief |
| Description | 30 DAYS TO June 3, 2024. |
| Docket Date | 2024-06-06 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
| Description | Order on Motion for Extension of Time to Serve Answer Brief |
| View | View File |
| Docket Date | 2024-06-03 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Answer Brief |
| Description | Motion for Extension of Time to Serve Answer Brief |
| Docket Date | 2024-07-25 |
| Type | Motions Other |
| Subtype | Motion/Notice Voluntary Dismissal |
| Description | Notice of Voluntary Dismissal |
| Docket Date | 2024-07-25 |
| Type | Disposition by Order |
| Subtype | Dismissed |
| Description | Pursuant to the July 25, 2024 notice of voluntary dismissal, this case is dismissed. |
| View | View File |
| Docket Date | 2024-07-09 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
| Description | ORDERED that the appellee's July 8, 2024 motion for extension of time is granted, and if the parties fail to effectuate a settlement and file a stipulation for dismissal in this court within thirty (30) days from the date of this order, then appellee shall serve the answer brief on or before August 7, 2024. |
| View | View File |
| Docket Date | 2024-07-08 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Answer Brief |
| Description | Second Agreed Motion for Extension of Time to Serve Answer Brief |
| Docket Date | 2024-01-02 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | 30 DAYS TO February 2, 2024. |
| Docket Date | 2024-01-02 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Initial Brief |
| Description | Notice of Agreed Extension of Time - Initial Brief |
| On Behalf Of | Penlope Costello |
| Docket Date | 2023-12-01 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Order on Agreed Extension of Time -- TO 1/2/24 |
| Docket Date | 2023-12-01 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Initial Brief |
| Description | Notice of Agreed Extension of Time - Initial Brief |
| Docket Date | 2023-11-03 |
| Type | Order |
| Subtype | Order on Motion to Stay |
| Description | Order on Motion to Stay |
| View | View File |
| Docket Date | 2023-10-12 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | South Palm Residence, Inc. |
| Docket Date | 2023-10-11 |
| Type | Order |
| Subtype | Order on Request for Emergency Treatment |
| Description | Order on Request for Emergency Treatment |
| View | View File |
| Docket Date | 2023-10-11 |
| Type | Record |
| Subtype | Appendix to Motion |
| Description | Appendix to Motion |
| On Behalf Of | Penlope Costello |
| Docket Date | 2023-10-11 |
| Type | Motions Other |
| Subtype | Miscellaneous Motion |
| Description | MOTION FOR TEMPORARY STAY OR STAY PENDING APPEAL |
| On Behalf Of | Penlope Costello |
| Docket Date | 2023-10-02 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Record on Appeal -- 2853 PAGES |
| On Behalf Of | Clerk - Palm Beach |
| Docket Date | 2023-09-05 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | South Palm Residence, Inc. |
| Docket Date | 2023-08-28 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2023-08-28 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid Through Portal |
| On Behalf Of | Penlope Costello |
| Docket Date | 2023-08-25 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Docket Date | 2023-08-25 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | Penlope Costello |
| Docket Date | 2024-05-02 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Answer Brief |
| Description | Notice of Agreed Extension of Time - Answer Brief |
| On Behalf Of | South Palm Residence, Inc. |
| Docket Date | 2024-02-29 |
| Type | Recognizing Agreed Extension |
| Subtype | Answer Brief |
| Description | 60 DAYS TO 5/3/24 |
| Docket Date | 2024-02-29 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Answer Brief |
| Description | Notice of Agreed Extension of Time - Answer Brief |
| Docket Date | 2024-02-03 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief |
| On Behalf Of | Penlope Costello |
| View | View File |
| Docket Date | 2023-08-28 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed. |
| Classification | NOA Final - Circuit Civil - Foreclosure |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County 502020CA002007 |
Parties
| Name | Frantz Duval |
| Role | Appellant |
| Status | Active |
| Name | MAGDADENE DIEUVIL, LLC |
| Role | Appellant |
| Status | Active |
| Name | Hon. Gerard Joseph Curley |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk - Palm Beach |
| Role | Lower Tribunal Clerk |
| Status | Active |
| Name | FORECLOSURE, INC. |
| Role | Appellant |
| Status | Active |
| Name | Guilfort Dieuvil |
| Role | Appellant |
| Status | Active |
| Name | WOODSTOCK PROPERTY OWNERS ASSOCIATION, INC. |
| Role | Appellee |
| Status | Active |
| Representations | Shelli A. Healy, Keith Frank Backer, Kenneth Edwin Zeilberger |
Docket Entries
| Docket Date | 2024-04-18 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Woodstock Property Owners Association, Inc. |
| Docket Date | 2024-08-20 |
| Type | Order |
| Subtype | Order on Motion for Reinstatement |
| Description | ORDERED that appellants' August 2, 2024 motion for reinstatement is denied. Further, ORDERED that appellee's August 16, 2024 motion for extension of time is denied as moot. Further, ORDERED that appellants' August 20, 2024 "reply response to appellee's response on motion to vacate order of dismissal" is stricken as unauthorized. |
| View | View File |
| Docket Date | 2024-08-20 |
| Type | Response |
| Subtype | Reply to Response |
| Description | Reply to Response on Motion to Vacate Order of Dismissal |
| On Behalf Of | Magdadene Dieuvil |
| View | View File |
| Docket Date | 2024-08-16 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Answer Brief |
| Description | Motion for Extension of Time to Serve Answer Brief |
| Docket Date | 2024-08-12 |
| Type | Response |
| Subtype | Response |
| Description | Response to Appellant's Motion to Vacate Order of Dismissal |
| On Behalf Of | Woodstock Property Owners Association, Inc. |
| Docket Date | 2024-08-05 |
| Type | Order |
| Subtype | Order to File Response |
| Description | ORDERED that Appellee is directed to respond, within ten (10) days from the date of this order, to Appellants' August 2, 2024 motion. |
| View | View File |
| Docket Date | 2024-08-02 |
| Type | Post-Disposition Motions |
| Subtype | Motion For Reinstatement |
| Description | Appellants' Motion For Reinstatement |
| Docket Date | 2024-07-30 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief |
| View | View File |
| Docket Date | 2024-07-24 |
| Type | Misc. Events |
| Subtype | Miscellaneous Docket Entry |
| Description | Returned Mail for Frantz Duval- Not Deliverable as Addressed. Unable to Forward. |
| Docket Date | 2024-07-16 |
| Type | Order |
| Subtype | Order Striking Filing |
| Description | ORDERED that Appellants' July 15, 2024 initial brief and motion are stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificates of service are insufficient. You are notified of the requirement to serve the Appellee with a copy of everything you file with this court and to indicate in the certificate of service that you served the Appellee. Appellants may re-file the documents with proper certificates of service which indicate service on the Appellee within fifteen (15) days from the date of this order. |
| View | View File |
| Docket Date | 2024-07-15 |
| Type | Post-Disposition Motions |
| Subtype | Motion For Reinstatement |
| Description | Appellants' Motion to Vacate Order Dismissal and to Reinstate Appeal and Appellants' Notice of Compliance with the Filing of Appellants' Initial Brief |
| Docket Date | 2024-07-15 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Appellants' Initial Brief |
| On Behalf Of | Magdadene Dieuvil |
| View | View File |
| Docket Date | 2024-07-12 |
| Type | Disposition by Order |
| Subtype | Dismissed |
| Description | ORDERED sua sponte that the above-styled case is dismissed for lack of prosecution. |
| View | View File |
| Docket Date | 2024-06-26 |
| Type | Order |
| Subtype | Show Cause for Brief or Record on Appeal |
| Description | Order to Show Cause for Initial Brief |
| View | View File |
| Docket Date | 2024-06-12 |
| Type | Misc. Events |
| Subtype | Miscellaneous Docket Entry |
| Description | Returned Mail for Frantz Duval- Insufficient Address. Unable to Forward. |
| Docket Date | 2024-06-07 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
| Description | ORDERED that, upon consideration of Appellants' June 3, 2024 motion to show cause, this court's May 24, 2024 order to show cause is discharged. Further, ORDERED that the motion for extension of time, contained in Appellants' June 3, 2024 motion to show cause, is granted, and Appellants shall serve the initial brief within five (5) days from the date of this order. 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. |
| View | View File |
| Docket Date | 2024-06-04 |
| Type | Response |
| Subtype | Response |
| Description | Response to Order to Show Cause and Motion for Extension of Time |
| Docket Date | 2024-05-24 |
| Type | Order |
| Subtype | Show Cause for Brief or Record on Appeal |
| Description | 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 Appellants' consolidated initial brief has not been filed with this court as of the date of this order. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the consolidated initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order. |
| View | View File |
| Docket Date | 2024-03-22 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Initial Brief |
| Description | Appellants' Motion To Consolidate Both Appellate Cases And Motion To Vacate Dismissal For Lack Of Prosecution And Motion For Extension Of Time To File Initial Brief On Both Cases |
| Docket Date | 2024-03-12 |
| Type | Disposition by Order |
| Subtype | Dismissed |
| Description | ORDERED sua sponte that the above-styled case is dismissed for lack of prosecution. |
| View | View File |
| Docket Date | 2024-02-23 |
| Type | Order |
| Subtype | Show Cause for Brief or Record on Appeal |
| Description | 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 Appellants' initial brief has not been filed with this court as of the date of this order. 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. |
| View | View File |
| Docket Date | 2023-12-08 |
| Type | Order |
| Subtype | Order on Motion for Reinstatement |
| Description | ORDERED that Appellants' December 7, 2023 motion to show cause is treated as a motion for reinstatement and is granted. The above-styled appeal is reinstated. |
| View | View File |
| Docket Date | 2023-12-07 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Record on Appeal; 1,085 Pages |
| On Behalf Of | Clerk - Palm Beach |
| Docket Date | 2023-12-07 |
| Type | Misc. Events |
| Subtype | Affidavit |
| Description | Affidavit |
| On Behalf Of | Clerk - Palm Beach |
| Docket Date | 2023-12-07 |
| Type | Response |
| Subtype | Response |
| Description | Motion To Show Cause Why Appellants' Case Should Not Be Dismissed And To Set Aside Any Dismissal Order And Notice Of Compliance |
| Docket Date | 2023-12-05 |
| Type | Disposition by Order |
| Subtype | Dismissed |
| Description | ORDERED sua sponte that the above-styled case is dismissed for lack of prosecution. |
| View | View File |
| Docket Date | 2023-11-02 |
| Type | Order |
| Subtype | Order for Party to File Status Report on Record |
| Description | Upon consideration of the notice of inability to transmit the record on appeal filed by the clerk of the lower tribunal on October 24, 2023, it is ORDERED that Appellants shall file a report, within five (5) days from the date of this order, as to the status of the payment for and preparation of the record on appeal. |
| View | View File |
| Docket Date | 2023-10-24 |
| Type | Notice |
| Subtype | Notice |
| Description | Notice of Inability to Transmit the Record on Appeal |
| On Behalf Of | Clerk - Palm Beach |
| Docket Date | 2023-09-06 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid Through Portal |
| On Behalf Of | Magdadene Dieuvil |
| Docket Date | 2023-08-22 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2023-08-22 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Docket Date | 2023-08-22 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | Guilfort Dieuvil |
| Docket Date | 2024-04-17 |
| Type | Order |
| Subtype | Order on Motion to Consolidate |
| Description | ORDERED that appellants' March 21, 2024 "Motion to Consolidate Both Appellate Cases and Motion to Vacate Dismissal for Lack of Prosecution and Motion for Extension of Time to File Initial Brief on Both Cases" is granted. Case number 4D2023-2024 is reinstated. Case numbers 4D2023-2024 and 4D2023-3151 are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D2023-2024. Appellants shall serve the consolidated initial brief within thirty (30) days from the date of this order. 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. |
| View | View File |
| Docket Date | 2023-11-15 |
| Type | Order |
| Subtype | Show Cause for Brief or Record on Appeal |
| Description | 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 record on appeal has not been filed with this court as of the date of this order. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the record on appeal is filed within this time, the order to show cause will be considered automatically discharged without further order. |
| View | View File |
| Docket Date | 2023-08-22 |
| 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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of 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 lower tribunal 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 lower tribunal 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 lower tribunal clerk's determination of indigent status is filed. |
| Classification | NOA Final - Circuit Civil - Foreclosure |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County CACE09034235 |
Parties
| Name | Mary A. Tucker |
| Role | Appellant |
| Status | Active |
| Name | FORECLOSURE, INC. |
| Role | Appellant |
| Status | Active |
| Name | Hon. Christopher Pole |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk - Broward |
| Role | Lower Tribunal Clerk |
| Status | Active |
| Name | SRS FS, LLC |
| Role | Appellee |
| Status | Active |
| Representations | Damian George Waldman, Elbert Radames Alfaro Beitia |
Docket Entries
| Docket Date | 2024-11-26 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2024-11-26 |
| Type | Order |
| Subtype | Order on Motion for Rehearing En Banc |
| Description | ORDERED that Appellant's October 14, 2024 motion for rehearing, rehearing en banc, and written opinion is denied. |
| View | View File |
| Docket Date | 2024-10-14 |
| Type | Post-Disposition Motions |
| Subtype | Motion for Rehearing and Rehearing En Banc |
| Description | Appellant's Motion for Rehearing, A Written Opinion or Rehearing En Banc |
| Docket Date | 2024-10-02 |
| Type | Order |
| Subtype | Order on Motion/Request for Oral Argument |
| Description | ORDERED that the Appellant's September 20, 2024 request for oral argument is denied. Further, ORDERED that appellant's September 11, 2024 "motion to preclude appellee SRS S, LLC from filing an answer brief and for the court to decide the case based on appellant's initial brief" is denied as moot. Further, ORDERED that appellant's September 16, 2024 "motion for an order naming ATK Associates, LLC as party appellee and directing it to file an answer brief" is denied. |
| View | View File |
| Docket Date | 2024-09-20 |
| Type | Motions Relating to Oral Argument |
| Subtype | Motion/Request for Oral Argument |
| Description | OAW DECISION CONF. SEPTEMBER 19, 2024; AR-DM-FO Motion/Request for Oral Argument |
| Docket Date | 2024-09-16 |
| Type | Motions Other |
| Subtype | Miscellaneous Motion |
| Description | APPELLANT'S MOTION FOR ORDER NAMING ATK ASSOCIATES, LLC AS PARTY APPELLEE AND DIRECTING IT TO FILE AN ANSWER BRIEF |
| Docket Date | 2024-09-12 |
| Type | Motions Other |
| Subtype | Miscellaneous Motion |
| Description | MOTION TO PRECLUDE APPELLEE SRS FS, LLC FROM FILING AN ANSWER BRIEF AND FOR THE COURT TO DECIDE THE CASE BASED ON APPELLANT'S INITIAL BRIEF |
| Docket Date | 2024-08-01 |
| Type | Notice |
| Subtype | Notice |
| Description | Appellant's Notice of One Hundred and Twenty Days Expiring |
| Docket Date | 2024-05-20 |
| Type | Order |
| Subtype | Order |
| Description | Order |
| View | View File |
| Docket Date | 2024-04-02 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix to the Initial Brief |
| Docket Date | 2024-04-02 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief |
| View | View File |
| Docket Date | 2024-03-26 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
| Description | Order on Motion for Extension of Time to Serve Initial Brief |
| View | View File |
| Docket Date | 2024-03-22 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Initial Brief |
| Description | Motion for Extension of Time to Serve Initial Brief |
| Docket Date | 2024-02-26 |
| Type | Response |
| Subtype | Response |
| Description | Response to Order to Show Cause |
| On Behalf Of | Mary A. Tucker |
| Docket Date | 2024-02-14 |
| Type | Order |
| Subtype | Show Cause for Brief or Record on Appeal |
| Description | ORDERED that Appellant in the above-styled case is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that Appellant's initial brief has not been filed with this court as of the date of this order. 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. |
| View | View File |
| Docket Date | 2024-01-11 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time |
| Description | ORDERED that, upon consideration of appellee's December 27, 2023 response, appellant's December 7, 2023 motion for extension of time is denied. ORDERED that appellant's December 5, 2023 and January 5, 2024 motions are treated as motions for clarification and are granted. This court's November 22, 2023 order is amended to state as follows: "ORDERED that Appellant's November 16, 2023 motion is denied. Further, ORDERED that, upon consideration of Appellee's November 16, 2023 response, Appellant's November 8, 2023 motion to stay is denied." |
| View | View File |
| Docket Date | 2024-01-09 |
| Type | Response |
| Subtype | Response |
| Description | RESPONSE TO APPELLANT'S MOTION FOR REHEARING FROM THE COURT'S NOVEMBER 22, 2023 ORDER DENYING HER NOVEMBER 8, 2023 MOTION FOR STAY PENDING APPEAL FOR ERROR IN LAW AND PROCEDURAL PROCESS, AND FOR OTHER RELIEF |
| Docket Date | 2024-01-05 |
| Type | Motion |
| Subtype | Rehearing on Misc Order |
| Description | MOTION FOR REHEARING FROM THE COURT'S NOVEMBER 22, 2023 ORDER DENYING HER NOVEMBER 8, 2023 MOTION FOR STAY PENDING APPEAL FOR ERROR IN LAW AND PROCEDURAL PROCESS, AND FOR OTHER RELIEF |
| View | View File |
| Docket Date | 2023-12-27 |
| Type | Response |
| Subtype | Response |
| Description | Response in Opposition to Appellant's Motion for Extension of Time |
| On Behalf Of | SRS FS, LLC |
| Docket Date | 2023-12-22 |
| Type | Order |
| Subtype | Order to File Response |
| Description | ORDERED that Appellee is directed to respond, within ten (10) days from the date of this order, to Appellant's December 7, 2023 motion. |
| View | View File |
| Docket Date | 2023-12-07 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time |
| Description | Motion for Extension of Time |
| Docket Date | 2023-12-06 |
| Type | Motion |
| Subtype | Rehearing on Misc Order |
| Description | MOTION FOR REHEARING/REHEARING EN BANC AND/OR CLARIFICATION OF THIS COURT'S NOVEMBER 22, 2023 ORDER DENYING HER NOVEMBER 16, 2023 PLEADING AS MOOT |
| View | View File |
| Docket Date | 2023-11-22 |
| Type | Order |
| Subtype | Order on Miscellaneous Motion |
| Description | ORDERED that Appellant's November 16, 2023 motion is denied as moot. Appellee filed a response in opposition to Appellant's motion to stay on November 16, 2023. Further, ORDERED that, upon consideration of Appellee's November 16, 2023 response, Appellant's November 8, 2023 motion to stay is denied. |
| View | View File |
| Docket Date | 2023-11-16 |
| Type | Response |
| Subtype | Response |
| Description | Amended Response in Opposition to Appellant's Motion to Stay |
| On Behalf Of | SRS FS, LLC |
| Docket Date | 2023-11-16 |
| Type | Motions Other |
| Subtype | Miscellaneous Motion |
| Description | Motion for Order Directing Her to Respond to Appellee's Response to Her November 8, 2023 Motion for Stay, etc. |
| Docket Date | 2023-11-15 |
| Type | Response |
| Subtype | Response |
| Description | Response in Opposition to Motion to Stay |
| On Behalf Of | SRS FS, LLC |
| Docket Date | 2023-11-15 |
| Type | Record |
| Subtype | Transcript |
| Description | Transcript; 156 Pages |
| On Behalf Of | Clerk - Broward |
| Docket Date | 2023-11-13 |
| Type | Notice |
| Subtype | Notice |
| Description | Notice of Non-Representation |
| On Behalf Of | Mary A. Tucker |
| Docket Date | 2023-11-07 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time |
| Description | ORDERED that Appellant's October 31, 2023 motion is treated as a motion to extend relinquishment and is granted. Relinquishment of jurisdiction to the trial court is continued for thirty (30) days from the date of this order. Appellant shall forward to this court a copy of any order issued during relinquishment. It is further ordered that Appellant shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of Appellant to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties. |
| View | View File |
| Docket Date | 2023-11-01 |
| Type | Notice |
| Subtype | Notice |
| Description | Notice of Inability to Transmit the Record |
| On Behalf Of | Clerk - Broward |
| Docket Date | 2023-11-01 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time |
| Description | Motion for Extension of Time to Comply with the September 28, 2023 order |
| Docket Date | 2023-10-16 |
| Type | Order |
| Subtype | Order to File Status Report |
| Description | ORDERED that Appellant is directed to file a status report, within ten (10) days from the date of this order, regarding the progress being made toward the relinquishment of jurisdiction to the trial court. |
| View | View File |
| Docket Date | 2023-09-28 |
| Type | Order |
| Subtype | Order on Motion to Relinquish Jurisdiction |
| Description | ORDERED that appellant's September 21, 2023 motion to relinquish jurisdiction is granted. Jurisdiction is relinquished to the trial court for ten (10) days to dispose of appellant's motion to cancel foreclosure sale, stay judgment pending appeal, and set bond pursuant to Fla. R. App. P. 9.310. The appellant shall forward to this court a copy of any order issued during relinquishment. It is further ordered that the appellant shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of the appellant to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties. |
| View | View File |
| Docket Date | 2023-09-05 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid Through Portal |
| On Behalf Of | Mary A. Tucker |
| Docket Date | 2023-08-22 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Docket Date | 2023-08-22 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2023-11-09 |
| Type | Motions Other |
| Subtype | Motion To Stay |
| Description | Motion To Stay |
| Docket Date | 2023-08-22 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | Mary A. Tucker |
| Docket Date | 2024-12-13 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| View | View File |
| Docket Date | 2024-10-02 |
| Type | Disposition by Opinion |
| Subtype | Affirmed |
| Description | Affirmed |
| View | View File |
| Docket Date | 2024-05-17 |
| Type | Response |
| Subtype | Reply to Response |
| Description | Appellee ATK reply to Appellant's Response ***MOOT*** |
| On Behalf Of | SRS FS, LLC |
| View | View File |
| Docket Date | 2024-03-08 |
| Type | Order |
| Subtype | Order Discharging Show Cause Order |
| Description | ORDERED that, upon consideration of appellant's February 26, 2024 response, this court's February 14, 2024 order to show cause is discharged. Further, ORDERED that appellant's request to "hold the Lower Court proceedings in abeyance until the conclusion of this appeal" is denied. Appellant shall file the initial brief within ten (10) days from the date of this order. 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. See Gladstone v. Smith, 729 So. 2d 1002, 1004 (Fla. 4th DCA 1999) ("A pro se litigant should not be held to a lesser standard than a reasonably competent attorney because applying a lesser standard would only encourage continued frivolous litigation."). |
| View | View File |
| Docket Date | 2023-11-16 |
| Type | Order |
| Subtype | Order Striking Filing |
| Description | ORDERED that Appellee's November 15, 2023 response 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. |
| View | View File |
| Docket Date | 2023-11-13 |
| Type | Order |
| Subtype | Order on Request for Emergency Treatment |
| Description | ORDERED that the appellant's November 8, 2023 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. See generally Baker v. Frick, 154 So. 846, 846 (Fla. 1934); Rsrv. at Wedgefield Homeowners' v. Dixon, 948 So. 2d 65, 67-68 (Fla. 5th DCA 2007) (holding that the threat of foreclosure proceedings and potential loss of property does not constitute irreparable harm); B.G.H. Ins. Syndicate, Inc. v. Presidential Fire & Cas. Co., 549 So. 2d 197, 198 (Fla. 3d DCA 1989) (holding that irreparable harm is not established if the harm can be adequately compensated by a monetary award). Further, ORDERED that appellee shall file a response, within ten (10) days from the date of this order, to appellant's November 8, 2023 motion to stay. |
| View | View File |
| Docket Date | 2023-09-21 |
| Type | Order |
| Subtype | Order on Request for Emergency Treatment |
| Description | ORDERED that the appellant's September 21, 2023 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. |
| View | View File |
| Docket Date | 2023-09-21 |
| Type | Motions Other |
| Subtype | Request for Emergency Treatment |
| Description | Request for Emergency Treatment |
| Docket Date | 2023-08-22 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed. |
| Classification | NOA Final - Circuit Civil - Foreclosure |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County CACE20-001502 Circuit Court for the Seventeenth Judicial Circuit, Broward County CACE20-002135 Circuit Court for the Seventeenth Judicial Circuit, Broward County CACE20-009632 |
Parties
| Name | Gary Grant |
| Role | Appellant |
| Status | Active |
| Name | Estate of Andrey S. Pshenichnikov |
| Role | Appellant |
| Status | Active |
| Name | Artem A. Pshenichnikov |
| Role | Appellant |
| Status | Active |
| Name | FORECLOSURE, INC. |
| Role | Appellant |
| Status | Active |
| Name | Antika Line Inc. |
| Role | Appellee |
| Status | Active |
| Representations | Cynthia Ramos |
| Name | Richard Buavier |
| Role | Appellee |
| Status | Active |
| Name | JOHN DOE INC |
| Role | Appellee |
| Status | Active |
| Name | Sergei Rumiantcev |
| Role | Appellee |
| Status | Active |
| Representations | Mikhail Usher |
| Name | ANTIKA LINE, CORP. |
| Role | Appellee |
| Status | Active |
| Name | Carmine R. Biello, Jr. |
| Role | Appellee |
| Status | Active |
| Name | Hon. Shari Africk-Olefson |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk - Broward |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2023-11-02 |
| Type | Disposition by Order |
| Subtype | Dismissed |
| Description | Dismissed |
| View | View File |
| Docket Date | 2023-10-10 |
| Type | Order |
| Subtype | Order Vacating/Withdrawing Order |
| Description | Order Vacating/Withdrawing Order |
| View | View File |
| Docket Date | 2023-10-03 |
| Type | Order |
| Subtype | Order Striking Filing |
| Description | **VACATED** Order Striking Filing |
| View | View File |
| Docket Date | 2023-10-03 |
| Type | Response |
| Subtype | Response |
| Description | RESPONSE TO MOTION TO DISMISS APPEAL |
| On Behalf Of | Gary Grant |
| Docket Date | 2023-10-03 |
| Type | Record |
| Subtype | Appendix to Response |
| Description | Appendix to Response |
| On Behalf Of | Gary Grant |
| Docket Date | 2023-09-29 |
| Type | Record |
| Subtype | Appendix to Motion |
| Description | Appendix to Motion |
| On Behalf Of | Antika Line Inc. |
| Docket Date | 2023-09-29 |
| Type | Motions Other |
| Subtype | Motion To Dismiss |
| Description | Motion To Dismiss |
| On Behalf Of | Antika Line Inc. |
| Docket Date | 2023-08-29 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief on Merits |
| On Behalf Of | Gary Grant |
| Docket Date | 2023-08-29 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix to Brief |
| On Behalf Of | Gary Grant |
| Docket Date | 2023-08-22 |
| Type | Order |
| Subtype | Order |
| Description | Miscellaneous Order ~ ORDERED that the court determines that this appeal seeks review of an order entered on an authorized and timely motion for relief from judgment, which is reviewable by the method prescribed by Florida Rule of Appellate Procedure 9.130. Fla. R. App. P. 9.130(a)(5). Appellant shall serve an initial brief and an accompanying appendix within fifteen (15) days from the date of this order. See Fla. R. App. P. 9.130(e), 9.220. The clerk of the lower tribunal shall not transmit a record on appeal unless ordered by this court. |
| Docket Date | 2023-08-21 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid Through Portal |
| On Behalf Of | Gary Grant |
| Docket Date | 2023-08-18 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2023-08-17 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Docket Date | 2023-08-17 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | Gary Grant |
| Docket Date | 2023-08-18 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed. |
| Classification | NOA Final - County Civil - Foreclosure/RealProperty/Mortgage |
| Court | 4th District Court of Appeal |
| Originating Court |
County Court for the Fifteenth Judicial Circuit, Palm Beach County 502023CC000682 |
Parties
| Name | Graham Petticord |
| Role | Appellant |
| Status | Active |
| Name | FORECLOSURE, INC. |
| Role | Appellant |
| Status | Active |
| Name | Fox Trail Property Owner's Association, Inc. |
| Role | Appellee |
| Status | Active |
| Representations | Evan R. Bachove |
| Name | Hon. Debra Moses Stephens |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk - Palm Beach |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2023-09-08 |
| Type | Disposition |
| Subtype | Dismissed |
| Description | Dismissed - Order by Judge |
| Docket Date | 2023-09-08 |
| Type | Disposition by Order |
| Subtype | Dismissed |
| Description | ORD-Sua Sponte Dismissed as Untimely ~ Upon consideration of the pleadings filed August 30, 2023, it is ORDERED that this appeal is dismissed as untimely filed. Fla. R. App. P. 9.020(h), 9.110(b).CIKLIN, LEVINE and CONNER, JJ., concur. |
| Docket Date | 2023-08-30 |
| Type | Misc. Events |
| Subtype | Miscellaneous Trial Court Document |
| Description | Misc. LT pleadings |
| On Behalf Of | Graham Petticord |
| Docket Date | 2023-08-16 |
| 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 August 14, 2023, and the Notice reflects June 26, 2023, 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 | 2023-08-15 |
| Type | Misc. Events |
| Subtype | Determination of Indigency/LT Order Insolvency |
| Description | Determination of Indigent Status |
| On Behalf Of | Clerk - Palm Beach |
| Docket Date | 2023-08-15 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2023-08-14 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | WV:Waived |
| Docket Date | 2023-08-14 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | Graham Petticord |
| Docket Date | 2023-08-15 |
| 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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of 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 lower tribunal 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 lower tribunal 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 lower tribunal clerk's determination of indigent status is filed. |
| Classification | NOA Final - Circuit Civil - Foreclosure |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County CACE22-011945 |
Parties
| Name | Hon. Christopher Pole |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | FORECLOSURE, INC. |
| Role | Appellant |
| Status | Active |
| Name | Jessica Cardona |
| Role | Appellant |
| Status | Active |
| Name | ANTHONY MARSHALL LLC |
| Role | Appellant |
| Status | Active |
| Name | Wilmington Savings Fund Society, FSB, etc. |
| Role | Appellee |
| Status | Active |
| Representations | Sean Kerry Mills |
| Name | Clerk - Broward |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2023-08-09 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | Jessica Cardona |
| Docket Date | 2024-10-18 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Reply Brief *Duplicate* |
| On Behalf Of | Anthony Marshall |
| View | View File |
| Docket Date | 2024-10-04 |
| Type | Order |
| Subtype | Order |
| Description | ORDERED that this court's order dated August 14, 2023, consolidating case numbers 4D2023-1903 and 4D2023-1904, is vacated. Case number 4D2023-1903 is closed and the appeal in case number 4D2023-1904 shall proceed. The amended initial brief, answer brief, and reply brief are treated as filed under 4D2023-1904. |
| View | View File |
| Docket Date | 2024-08-22 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Reply Brief |
| On Behalf Of | Anthony Marshall |
| View | View File |
| Docket Date | 2024-07-22 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Answer Brief |
| On Behalf Of | Wilmington Savings Fund Society, FSB, etc. |
| View | View File |
| Docket Date | 2024-07-11 |
| Type | Brief |
| Subtype | Amended Initial Brief |
| Description | Amended Initial Brief |
| View | View File |
| Docket Date | 2024-07-11 |
| Type | Order |
| Subtype | Order on Motion To Strike |
| Description | ORDERED that, upon consideration of appellant's July 3, 2024 response, appellee's June 20, 2024 motion to strike is denied. The amended initial brief is deemed filed as of the date of this order. |
| View | View File |
| Docket Date | 2024-07-03 |
| Type | Response |
| Subtype | Reply |
| Description | Reply to the Appellee's Motion to Strike |
| On Behalf Of | Anthony Marshall |
| Docket Date | 2024-06-20 |
| Type | Motions Other |
| Subtype | Motion To Strike |
| Description | Motion To Strike |
| Docket Date | 2024-06-14 |
| Type | Disposition by Order |
| Subtype | Dismissed |
| Description | ORDERED sua sponte that the above-styled case is dismissed as to Appellant Jessica Caronda only for lack of prosecution. |
| View | View File |
| Docket Date | 2024-05-09 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time |
| Description | Order on Motion for Extension of Time |
| View | View File |
| Docket Date | 2024-05-07 |
| Type | Record |
| Subtype | Appendix to Initial Brief |
| Description | Appendix to Initial Brief |
| Docket Date | 2024-05-07 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time |
| Description | Appellant's Motion for Extension to file a Response and its First Brief |
| Docket Date | 2024-04-17 |
| Type | Order |
| Subtype | Order on Motion To Strike |
| Description | ORDERED that, upon consideration of appellant Anthony Marshall's March 25, 2024 response, appellee's February 19, 2024 motion to strike is granted. Appellant Anthony Marshall's appendix to the initial brief is stricken, as appellant did not follow the procedures outlined in Florida Rule of Appellate Procedure 9.200(b)(5) for preparing a statement of the evidence or proceedings and properly including same in the record on appeal. Appellant Anthony Marshall shall file, within ten (10) days from the date of this order, an amended initial brief and appendix without references to the improperly included materials. Appellee may file an amended answer brief as to Anthony Marshall within ten (10) days thereafter. Further, ORDERED that appellant Jessica Cardona shall file a response, within ten (10) days from the date of this order, to appellee's February 19, 2024 "Motion to Strike Appendix of Appellant Jessica Cardona and any References in Appellant's Initial Brief." |
| View | View File |
| Docket Date | 2024-04-05 |
| Type | Misc. Events |
| Subtype | Affidavit |
| Description | Affidavit |
| On Behalf Of | Anthony Marshall |
| Docket Date | 2024-03-25 |
| Type | Response |
| Subtype | Response |
| Description | Response to Motion to Strike |
| Docket Date | 2024-03-12 |
| Type | Order |
| Subtype | Order to File Response |
| Description | ORDERED that Appellants are directed to respond, within ten (10) days from the date of this order, to Appellee's February 19, 2024 motions to strike. |
| View | View File |
| Docket Date | 2024-02-19 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Answer Brief as to Appellant Jessica Cardona |
| On Behalf Of | Wilmington Savings Fund Society, FSB, etc. |
| View | View File |
| Docket Date | 2024-02-19 |
| Type | Motions Other |
| Subtype | Motion To Strike |
| Description | Motion To Strike Appendix of Appellant Jessica Cardona and any references in Appellant's Initial Brief |
| Docket Date | 2024-01-17 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
| Description | ORDERED that Appellee's January 11, 2024 motion for extension of time is granted, and Appellee shall serve the answer brief on or before February 19, 2024. 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. |
| View | View File |
| Docket Date | 2024-01-11 |
| Type | Notice |
| Subtype | Notice of Change of Address |
| Description | Notice of Change of Address |
| On Behalf Of | Wilmington Savings Fund Society, FSB, etc. |
| Docket Date | 2024-01-11 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Answer Brief |
| Description | Motion for Extension of Time to Serve Answer Brief |
| Docket Date | 2023-11-30 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
| Description | ORDERED that Appellee's November 17, 2023 motion for extension of time is granted, and Appellee shall serve the answer brief on or before January 19, 2024. 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. |
| View | View File |
| Docket Date | 2023-11-17 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Answer Brief |
| Description | Motion for Extension of Time to Serve Answer Brief |
| Docket Date | 2023-11-01 |
| Type | Response |
| Subtype | Response |
| Description | Affidavit in Reply to Appellee's Motion to Declare Appellant's Brief Filed on 10/20/2023 |
| On Behalf Of | Anthony Marshall |
| Docket Date | 2023-11-01 |
| Type | Misc. Events |
| Subtype | Miscellaneous Docket Entry |
| Description | Record on Appeal Appellant |
| On Behalf Of | Anthony Marshall |
| Docket Date | 2023-10-24 |
| Type | Order |
| Subtype | Order on Miscellaneous Motion |
| Description | ORDERED that Appellee's October 20, 2023 motion to deem Appellant's initial brief filed as of October 20, 2023 is granted. The deadline for the answer brief shall run from October 20, 2023. |
| View | View File |
| Docket Date | 2023-10-20 |
| Type | Motions Other |
| Subtype | Miscellaneous Motion |
| Description | VERIFIED MOTION TO DEEM APPELLANTS' BRIEFS FILED AS OF 10/20/2023 |
| Docket Date | 2023-10-12 |
| Type | Record |
| Subtype | Appendix to Initial Brief |
| Description | Appendix to Initial Brief |
| On Behalf Of | Jessica Cardona |
| Docket Date | 2023-10-12 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief |
| On Behalf Of | Jessica Cardona |
| View | View File |
| Docket Date | 2023-09-27 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Record on Appeal; 362 Pages |
| On Behalf Of | Clerk - Broward |
| Docket Date | 2023-09-26 |
| Type | Record |
| Subtype | Appendix to Initial Brief |
| Description | Appendix to Initial Brief, Anthony Marshall |
| Docket Date | 2023-09-26 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief, Anthony Marshall |
| View | View File |
| Docket Date | 2023-08-14 |
| Type | Order |
| Subtype | Order |
| Description | ORD-Sua Sponte ~ ORDERED sua sponte that case numbers 4D23-1903 and 4D23-1904 are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D23-1903. |
| Docket Date | 2023-08-09 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | WV:Waived |
| Docket Date | 2023-08-09 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2024-05-28 |
| Type | Order |
| Subtype | Show Cause for Brief or Record on Appeal |
| Description | ORDERED that Appellant Jessica Cardona in the above-styled case is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that Appellant's amended initial brief and appendix have not been filed with this court as of the date of this order. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the amended initial brief and appendix are filed within this time, the order to show cause will be considered automatically discharged without further order. |
| View | View File |
| Docket Date | 2024-04-24 |
| Type | Order |
| Subtype | Order Vacating/Withdrawing Order |
| Description | ORDERED that this court's April 17, 2024 order is vacated and the following is substituted in its place: ORDERED that, upon consideration of appellant Jessica Cardona's March 25, 2024 response, appellee's February 19, 2024 motion to strike is granted. Appellant Jessica Cardona's appendix to the initial brief is stricken, as appellant did not follow the procedures outlined in Florida Rule of Appellate Procedure 9.200(b)(5) for preparing a statement of the evidence or proceedings and properly including same in the record on appeal. Appellant Jessica Cardona shall file, within ten (10) days from the date of this order, an amended initial brief and appendix without references to the improperly included materials. Appellee may file an amended answer brief as to Jessica Cardona within ten (10) days thereafter. Further, ORDERED that appellant Anthony Marshall shall file a response, within ten (10) days from the date of this order, to appellee's February 19, 2024 motion to strike. |
| View | View File |
| Classification | NOA Final - Circuit Civil - Foreclosure |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County CACE22-011945 |
Parties
| Name | ANTHONY MARSHALL LLC |
| Role | Appellant |
| Status | Active |
| Name | FORECLOSURE, INC. |
| Role | Appellant |
| Status | Active |
| Name | Wilmington Savings Fund Society, FSB, etc. |
| Role | Appellee |
| Status | Active |
| Representations | Sean Kerry Mills |
| Name | Hon. Christopher Pole |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk - Broward |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2024-08-22 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Reply Brief |
| On Behalf Of | Anthony Marshall |
| View | View File |
| Docket Date | 2024-07-22 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Answer Brief |
| On Behalf Of | Wilmington Savings Fund Society, FSB, etc. |
| View | View File |
| Docket Date | 2024-07-11 |
| Type | Brief |
| Subtype | Amended Initial Brief |
| Description | Amended Initial Brief |
| View | View File |
| Docket Date | 2024-07-11 |
| Type | Order |
| Subtype | Order on Motion To Strike |
| Description | ORDERED that, upon consideration of appellant's July 3, 2024 response, appellee's June 20, 2024 motion to strike is denied. The amended initial brief is deemed filed as of the date of this order. |
| View | View File |
| Docket Date | 2024-07-03 |
| Type | Response |
| Subtype | Reply |
| Description | Reply to the Appellee's Motion to Strike |
| On Behalf Of | Anthony Marshall |
| Docket Date | 2024-06-20 |
| Type | Motions Other |
| Subtype | Motion To Strike |
| Description | Motion To Strike |
| Docket Date | 2024-06-14 |
| Type | Disposition by Order |
| Subtype | Dismissed |
| Description | ORDERED sua sponte that the above-styled case is dismissed as to Appellant Jessica Caronda only for lack of prosecution. |
| View | View File |
| Docket Date | 2024-05-09 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time |
| Description | Order on Motion for Extension of Time |
| View | View File |
| Docket Date | 2024-05-07 |
| Type | Record |
| Subtype | Appendix to Initial Brief |
| Description | Appendix to Initial Brief |
| Docket Date | 2024-05-07 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time |
| Description | Appellant's Motion for Extension to file a Response and its First Brief |
| Docket Date | 2024-04-17 |
| Type | Order |
| Subtype | Order on Motion To Strike |
| Description | ORDERED that, upon consideration of appellant Anthony Marshall's March 25, 2024 response, appellee's February 19, 2024 motion to strike is granted. Appellant Anthony Marshall's appendix to the initial brief is stricken, as appellant did not follow the procedures outlined in Florida Rule of Appellate Procedure 9.200(b)(5) for preparing a statement of the evidence or proceedings and properly including same in the record on appeal. Appellant Anthony Marshall shall file, within ten (10) days from the date of this order, an amended initial brief and appendix without references to the improperly included materials. Appellee may file an amended answer brief as to Anthony Marshall within ten (10) days thereafter. Further, ORDERED that appellant Jessica Cardona shall file a response, within ten (10) days from the date of this order, to appellee's February 19, 2024 "Motion to Strike Appendix of Appellant Jessica Cardona and any References in Appellant's Initial Brief." |
| View | View File |
| Docket Date | 2024-04-05 |
| Type | Misc. Events |
| Subtype | Affidavit |
| Description | Affidavit |
| On Behalf Of | Anthony Marshall |
| Docket Date | 2024-03-25 |
| Type | Response |
| Subtype | Response |
| Description | Response to Motion to Strike |
| Docket Date | 2024-03-12 |
| Type | Order |
| Subtype | Order to File Response |
| Description | ORDERED that Appellants are directed to respond, within ten (10) days from the date of this order, to Appellee's February 19, 2024 motions to strike. |
| View | View File |
| Docket Date | 2024-02-19 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Answer Brief as to Appellant Jessica Cardona |
| On Behalf Of | Wilmington Savings Fund Society, FSB, etc. |
| View | View File |
| Docket Date | 2024-02-19 |
| Type | Motions Other |
| Subtype | Motion To Strike |
| Description | Motion To Strike Appendix of Appellant Jessica Cardona and any references in Appellant's Initial Brief |
| Docket Date | 2024-01-17 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
| Description | ORDERED that Appellee's January 11, 2024 motion for extension of time is granted, and Appellee shall serve the answer brief on or before February 19, 2024. 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. |
| View | View File |
| Docket Date | 2024-01-11 |
| Type | Notice |
| Subtype | Notice of Change of Address |
| Description | Notice of Change of Address |
| On Behalf Of | Wilmington Savings Fund Society, FSB, etc. |
| Docket Date | 2024-01-11 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Answer Brief |
| Description | Motion for Extension of Time to Serve Answer Brief |
| Docket Date | 2023-11-30 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
| Description | ORDERED that Appellee's November 17, 2023 motion for extension of time is granted, and Appellee shall serve the answer brief on or before January 19, 2024. 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. |
| View | View File |
| Docket Date | 2023-11-17 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Answer Brief |
| Description | Motion for Extension of Time to Serve Answer Brief |
| Docket Date | 2023-11-01 |
| Type | Response |
| Subtype | Response |
| Description | Affidavit in Reply to Appellee's Motion to Declare Appellant's Brief Filed on 10/20/2023 |
| On Behalf Of | Anthony Marshall |
| Docket Date | 2023-11-01 |
| Type | Misc. Events |
| Subtype | Miscellaneous Docket Entry |
| Description | Record on Appeal Appellant |
| On Behalf Of | Anthony Marshall |
| Docket Date | 2023-10-24 |
| Type | Order |
| Subtype | Order on Miscellaneous Motion |
| Description | ORDERED that Appellee's October 20, 2023 motion to deem Appellant's initial brief filed as of October 20, 2023 is granted. The deadline for the answer brief shall run from October 20, 2023. |
| View | View File |
| Docket Date | 2023-10-20 |
| Type | Motions Other |
| Subtype | Miscellaneous Motion |
| Description | VERIFIED MOTION TO DEEM APPELLANTS' BRIEFS FILED AS OF 10/20/2023 |
| Docket Date | 2023-10-12 |
| Type | Record |
| Subtype | Appendix to Initial Brief |
| Description | Appendix to Initial Brief |
| On Behalf Of | Jessica Cardona |
| Docket Date | 2023-10-12 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief |
| On Behalf Of | Jessica Cardona |
| View | View File |
| Docket Date | 2023-09-27 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Record on Appeal; 362 Pages |
| On Behalf Of | Clerk - Broward |
| Docket Date | 2023-09-26 |
| Type | Record |
| Subtype | Appendix to Initial Brief |
| Description | Appendix to Initial Brief, Anthony Marshall |
| Docket Date | 2023-09-26 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief, Anthony Marshall |
| View | View File |
| Docket Date | 2023-08-14 |
| Type | Order |
| Subtype | Order |
| Description | ORD-Sua Sponte ~ ORDERED sua sponte that case numbers 4D23-1903 and 4D23-1904 are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D23-1903. |
| Docket Date | 2023-08-09 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | Anthony Marshall |
| Docket Date | 2023-08-09 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2023-08-09 |
| Type | Misc. Events |
| Subtype | Determination of Indigency/LT Order Insolvency |
| Description | Determination of Indigent Status |
| Docket Date | 2025-01-08 |
| Type | Disposition by Opinion |
| Subtype | Affirmed |
| Description | Affirmed |
| View | View File |
| Docket Date | 2024-10-04 |
| Type | Order |
| Subtype | Order |
| Description | ORDERED that this court's order dated August 14, 2023, consolidating case numbers 4D2023-1903 and 4D2023-1904, is vacated. Case number 4D2023-1903 is closed and the appeal in case number 4D2023-1904 shall proceed. The amended initial brief, answer brief, and reply brief are treated as filed under 4D2023-1904. |
| View | View File |
| Docket Date | 2024-05-28 |
| Type | Order |
| Subtype | Show Cause for Brief or Record on Appeal |
| Description | ORDERED that Appellant Jessica Cardona in the above-styled case is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that Appellant's amended initial brief and appendix have not been filed with this court as of the date of this order. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the amended initial brief and appendix are filed within this time, the order to show cause will be considered automatically discharged without further order. |
| View | View File |
| Docket Date | 2024-04-24 |
| Type | Order |
| Subtype | Order Vacating/Withdrawing Order |
| Description | ORDERED that this court's April 17, 2024 order is vacated and the following is substituted in its place: ORDERED that, upon consideration of appellant Jessica Cardona's March 25, 2024 response, appellee's February 19, 2024 motion to strike is granted. Appellant Jessica Cardona's appendix to the initial brief is stricken, as appellant did not follow the procedures outlined in Florida Rule of Appellate Procedure 9.200(b)(5) for preparing a statement of the evidence or proceedings and properly including same in the record on appeal. Appellant Jessica Cardona shall file, within ten (10) days from the date of this order, an amended initial brief and appendix without references to the improperly included materials. Appellee may file an amended answer brief as to Jessica Cardona within ten (10) days thereafter. Further, ORDERED that appellant Anthony Marshall shall file a response, within ten (10) days from the date of this order, to appellee's February 19, 2024 motion to strike. |
| View | View File |
| Classification | NOA Final - Circuit Civil - Foreclosure |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County CACE18010559 |
Parties
| Name | FORECLOSURE, INC. |
| Role | Appellant |
| Status | Active |
| Name | DISTRESSED INVESTMENTS, LLC |
| Role | Appellant |
| Status | Active |
| Representations | Matthew D. Wolf |
| Name | ADI COHEN LLC |
| Role | Appellant |
| Status | Active |
| Name | US Bank Trust, N.A. |
| Role | Appellee |
| Status | Active |
| Representations | Maxine Meltzer, Shaib Yariel Rios |
| Name | Hon. Christopher Pole |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk - Broward |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2024-07-31 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| View | View File |
| Docket Date | 2024-07-31 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2024-07-10 |
| Type | Disposition by Opinion |
| Subtype | Affirmed |
| Description | Affirmed |
| View | View File |
| Docket Date | 2024-03-14 |
| Type | Order |
| Subtype | Order on Motion/Request for Oral Argument |
| Description | Order on Motion/Request for Oral Argument |
| View | View File |
| Docket Date | 2024-02-23 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Reply Brief |
| Description | ORDERED that appellant's February 21, 2024 unopposed motion for extension of time is granted, and the reply brief is deemed filed. |
| View | View File |
| Docket Date | 2024-02-22 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Reply Brief |
| On Behalf Of | Distressed Investments, LLC |
| View | View File |
| Docket Date | 2024-02-21 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Reply Brief |
| Description | Motion for Extension of Time to Serve Reply Brief |
| Docket Date | 2024-01-12 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Answer Brief |
| On Behalf Of | US Bank Trust, N.A. |
| View | View File |
| Docket Date | 2023-12-12 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | 30 Days to 01/10/2024 |
| Docket Date | 2023-12-12 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | US Bank Trust, N.A. |
| Docket Date | 2023-10-16 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief |
| On Behalf Of | Distressed Investments, LLC |
| View | View File |
| Docket Date | 2023-10-16 |
| Type | Motion |
| Subtype | Request-Oral Argument |
| Description | Request for Oral Argument |
| On Behalf Of | Distressed Investments, LLC |
| View | View File |
| Docket Date | 2023-10-10 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | 783 Pages |
| On Behalf Of | Clerk - Broward |
| Docket Date | 2023-08-18 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid Through Portal |
| On Behalf Of | Distressed Investments, LLC |
| Docket Date | 2023-08-09 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2023-08-08 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | Distressed Investments, LLC |
| Docket Date | 2023-08-08 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Docket Date | 2023-08-09 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed. |
| Classification | NOA Final - Circuit Civil - Foreclosure |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County 502019CA009610 |
Parties
| Name | FORECLOSURE, INC. |
| Role | Appellant |
| Status | Active |
| Name | DIANA RODRIGUEZ, INC. |
| Role | Appellant |
| Status | Active |
| Representations | David Stuart Fabrikant |
| Name | Laguna Master Assoc. Inc. c/o Rossin & Burr, PLLC |
| Role | Appellee |
| Status | Active |
| Name | MANUEL RODRIGUEZ LLC |
| Role | Appellee |
| Status | Active |
| Name | Hon. Scott Ryan Kerner |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk - Palm Beach |
| Role | Lower Tribunal Clerk |
| Status | Active |
| Name | U.S. Bank |
| Role | Appellee |
| Status | Active |
| Representations | David Alan Kupperman, Nicholas Steven Agnello, Allen E. Rossin, McCabe, Weisberg & Conway, LLC |
Docket Entries
| Docket Date | 2024-05-22 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2024-05-01 |
| Type | Order |
| Subtype | Order on Motion For Attorney's Fees |
| Description | Order on Motion For Attorney's Fees |
| View | View File |
| Docket Date | 2024-05-01 |
| Type | Disposition by Opinion |
| Subtype | Affirmed |
| Description | Affirmed |
| View | View File |
| Docket Date | 2024-02-20 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Answer Brief |
| On Behalf Of | U.S. Bank |
| View | View File |
| Docket Date | 2024-02-20 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees |
| On Behalf Of | U.S. Bank |
| Docket Date | 2024-01-25 |
| Type | Misc. Events |
| Subtype | Miscellaneous Docket Entry |
| Description | Miscellaneous Docket Entry -- Returned Mail for M. Rodriguez |
| Docket Date | 2024-01-22 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief |
| On Behalf Of | Diana Rodriguez |
| View | View File |
| Docket Date | 2024-01-09 |
| 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 | 2023-12-12 |
| Type | Misc. Events |
| Subtype | Miscellaneous Docket Entry |
| Description | Miscellaneous Docket Entry -- Returned Mail for M. Rodriguez |
| Docket Date | 2023-11-27 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Record on Appeal -- 815 PAGES |
| Docket Date | 2023-11-27 |
| Type | Response |
| Subtype | Response |
| Description | RESPONSE TO ORDER TO SHOW CAUSE REGARDING LACK OF PROSECUTION |
| On Behalf Of | Diana Rodriguez |
| Docket Date | 2023-11-16 |
| Type | Misc. Events |
| Subtype | Miscellaneous Docket Entry |
| Description | Miscellaneous Docket Entry -- Returned Mail for M. Rodriguez |
| Docket Date | 2023-11-14 |
| 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 | 2023-11-09 |
| Type | Response |
| Subtype | Response |
| Description | Response to |
| On Behalf Of | U.S. Bank |
| Docket Date | 2023-11-07 |
| Type | Notice |
| Subtype | Notice of Inability |
| Description | NOTICE OF INABILITY TO TRANSMIT RECORD ON APPEAL |
| On Behalf Of | Clerk - Palm Beach |
| Docket Date | 2023-10-12 |
| Type | Order |
| Subtype | Order |
| Description | Order |
| View | View File |
| Docket Date | 2023-10-11 |
| Type | Response |
| Subtype | Response |
| Description | Response to |
| On Behalf Of | Diana Rodriguez |
| Docket Date | 2023-10-06 |
| Type | Response |
| Subtype | Response |
| Description | Response to |
| On Behalf Of | U.S. Bank |
| Docket Date | 2023-10-06 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix to Response |
| On Behalf Of | U.S. Bank |
| Docket Date | 2023-09-27 |
| Type | Order |
| Subtype | Order to Show Cause |
| Description | Order to Show Cause |
| View | View File |
| Docket Date | 2023-08-23 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ IN OPPOSITION TO MOTION TO STAY PENDING APPEAL |
| On Behalf Of | U.S. Bank |
| Docket Date | 2023-08-22 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | U.S. Bank |
| Docket Date | 2023-08-21 |
| Type | Misc. Events |
| Subtype | Order Appealed |
| Description | Order Appealed |
| Docket Date | 2023-08-14 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid Through Portal |
| On Behalf Of | Diana Rodriguez |
| Docket Date | 2023-08-10 |
| Type | Order |
| Subtype | Order on Request for Emergency Treatment |
| Description | Denying Request for Emergency Treatment ~ ORDERED that appellant’s August 9, 2023 request for emergency treatment is denied. See generally Baker v. Frick, 154 So. 846, 846 (Fla. 1934); Rsrv. at Wedgefield Homeowners’ v. Dixon, 948 So. 2d 65, 67–68 (Fla. 5th DCA 2007) (holding that the threat of foreclosure proceedings and potential loss of property does not constitute irreparable harm). 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 | 2023-08-09 |
| Type | Motions Other |
| Subtype | Motion To Stay |
| Description | Motion To Stay ~ ***SEE AMENDED MOTION*** |
| On Behalf Of | Diana Rodriguez |
| Docket Date | 2023-08-04 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2023-08-04 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | Diana Rodriguez |
| Docket Date | 2023-08-04 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Docket Date | 2023-08-04 |
| Type | Order |
| Subtype | Amended/Additional Filing(s) Needed |
| Description | Appellant to File Order Appealed-Civil ~ ORDERED that appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order being appealed. See Fla. R. App. P. 9.110(d). This copy must contain a legible stamp from the clerk of the lower tribunal, showing the date and time the order being appealed was filed in that office. |
| Docket Date | 2024-05-22 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| View | View File |
| Docket Date | 2023-08-31 |
| Type | Order |
| Subtype | Order on Motion For Review |
| Description | Order Denying Motion For Review ~ Upon consideration of appellee's August 23, 2023 response, it isORDERED that appellant's August 9, 2023 motion to stay is treated as a motion for review and is denied without prejudice to appellant refiling once the trial court disposes of the August 3, 2023 motion to stay. Fla. R. App. P. 9.310(a), (f). Further, a suggestion of bankruptcy having been filed, it isORDERED that the parties shall, within fourteen (14) days from the date of this order, request that the United States Bankruptcy Court issue an order stating whether this appeal should be stayed pursuant to 11 U.S.C. § 362(a) or any other provision of the United States Bankruptcy Code. See, e.g., In re Hill, 364 B.R. 826, 828 (Bankr. M.D. Fla. 2007) (“Comfort orders serve a valuable purpose. The orders are entered primarily for a third party’s benefit, often to help a sister state court attempting to determine whether it can proceed with a pending action, such as a foreclosure.”). Upon the filing of the request in the United States Bankruptcy Court, the parties shall file a notice of compliance with this Court. Further, should the United States Bankruptcy Court enter an order on the parties’ request, the parties shall file a copy of the order with this Court within five (5) days of issuance of that order. |
| Classification | NOA Final - Circuit Civil - Foreclosure |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Indian River County 2022CA000132 |
Parties
| Name | FORECLOSURE, INC. |
| Role | Appellant |
| Status | Active |
| Name | U.S. Bank Trust National Association |
| Role | Appellant |
| Status | Active |
| Representations | Steven Joseph Brotman, Joseph N Dayan |
| Name | Adria Seeley |
| Role | Appellee |
| Status | Active |
| Representations | Rooney & Rooney, P.A., Leo Wassner Desmond |
| Name | Falcon Trace Homeowners Assoc., Inc. |
| Role | Appellee |
| Status | Active |
| Name | Eric Espich |
| Role | Appellee |
| Status | Active |
| Name | Unknown Tenant #1 |
| Role | Appellee |
| Status | Active |
| Name | Hon. Janet C. Croom |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk - Indian River |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2024-08-07 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| View | View File |
| Docket Date | 2024-08-07 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2024-07-17 |
| Type | Disposition by Opinion |
| Subtype | Reversed |
| Description | Reversed |
| View | View File |
| Docket Date | 2024-03-28 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Reply Brief |
| On Behalf Of | U.S. Bank Trust National Association |
| View | View File |
| Docket Date | 2024-03-19 |
| Type | Recognizing Agreed Extension |
| Subtype | Reply Brief |
| Description | 15 Days to April 5, 2024. |
| Docket Date | 2024-03-19 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Reply Brief |
| Description | Notice of Agreed Extension of Time - Reply Brief |
| On Behalf Of | U.S. Bank Trust National Association |
| Docket Date | 2024-02-20 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Answer Brief |
| View | View File |
| Docket Date | 2023-12-15 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Order on Agreed Extension of Time -- 60 DAYS TO 2/26/24 |
| Docket Date | 2023-12-15 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Answer Brief |
| Description | Notice of Agreed Extension of Time - Answer Brief |
| Docket Date | 2023-11-22 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Order on Agreed Extension of Time -- 10 DAYS TO 12/5/23 |
| Docket Date | 2023-10-05 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Order on Agreed Extension of Time -- 45 DAYS TO 11/25/23 |
| Docket Date | 2023-10-05 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Initial Brief |
| Description | Notice of Agreed Extension of Time - Initial Brief |
| On Behalf Of | U.S. Bank Trust National Association |
| Docket Date | 2023-09-15 |
| Type | Record |
| Subtype | Transcript |
| Description | Transcript (150 PAGES) |
| Docket Date | 2023-08-08 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid Through Portal |
| On Behalf Of | U.S. Bank Trust National Association |
| Docket Date | 2023-08-03 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2023-08-02 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Docket Date | 2023-08-02 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | U.S. Bank Trust National Association |
| Docket Date | 2023-11-28 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief |
| On Behalf Of | U.S. Bank Trust National Association |
| View | View File |
| Docket Date | 2023-11-22 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Initial Brief |
| Description | Notice of Agreed Extension of Time - Initial Brief |
| On Behalf Of | U.S. Bank Trust National Association |
| Docket Date | 2023-08-03 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed. |
| Classification | NOA Final - Circuit Civil - Foreclosure |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County CACE21-014958 |
Parties
| Name | Howard Schwartz |
| Role | Appellant |
| Status | Active |
| Name | FORECLOSURE, INC. |
| Role | Appellant |
| Status | Active |
| Name | Judith Schwartz |
| Role | Appellant |
| Status | Active |
| Representations | James Laurence Weintraub |
| Name | SUNRISE LAKES CONDOMINIUM PHASE 4, INC. 3 |
| Role | Appellee |
| Status | Active |
| Representations | Ashley Robyn Tulloch |
| Name | Hon. Shari Africk-Olefson |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk - Broward |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2023-10-21 |
| Type | Motions Other |
| Subtype | Motion/Notice Voluntary Dismissal |
| Description | Motion/Notice Voluntary Dismissal |
| On Behalf Of | Judith Schwartz |
| Docket Date | 2023-10-20 |
| Type | Misc. Events |
| Subtype | Status Report |
| Description | Status Report |
| On Behalf Of | Judith Schwartz |
| Docket Date | 2023-10-20 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Record on Appeal -- 724 PAGES |
| On Behalf Of | Clerk - Broward |
| Docket Date | 2023-09-26 |
| Type | Notice |
| Subtype | Notice of Inability |
| Description | Notice of Non-payment of Record on Appeal |
| On Behalf Of | Clerk - Broward |
| Docket Date | 2023-08-02 |
| Type | Brief |
| Subtype | Jurisdictional Brief |
| Description | Jurisdictional Brief |
| Docket Date | 2023-08-02 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid Through Portal |
| On Behalf Of | Judith Schwartz |
| Docket Date | 2023-07-28 |
| 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, appellants 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. Appellants shall specifically address how the June 7, 2023 order is a final appealable order, as it provides that a party shall be entitled to entry of final judgment of foreclosure. See Malu v. City of Gainesville, 872 So. 2d 445 (Fla. 1st DCA 2004) ("A determination that 'final judgment shall be entered,' is insufficient to unequivocally demonstrate finality."). Further,Appellee may file a response within ten (10) days of service of that statement. |
| Docket Date | 2023-07-26 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2023-07-26 |
| 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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed. |
| Docket Date | 2023-07-25 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | Judith Schwartz |
| Docket Date | 2023-07-25 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Docket Date | 2023-10-24 |
| Type | Disposition by Order |
| Subtype | Dismissed |
| Description | Dismissed |
| View | View File |
| Docket Date | 2023-10-12 |
| Type | Order |
| Subtype | Order for Party to File Status Report on Record |
| Description | Order for Party to File Status Report on Record |
| View | View File |
| Docket Date | 2023-08-25 |
| Type | Order |
| Subtype | Order to File Response re Jurisdiction |
| Description | Aplnt to Obtain Final Order-Per Dobrick ~ ORDERED that, upon consideration of appellants' August 2, 2023 jurisdictional brief, appellants shall have thirty (30) days from the date of this order to obtain a final order and to file a copy in this court. Failure to do so will result in sua sponte dismissal of the appeal. Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); see also Rust v. Brown, 13 So. 3d 1105, 1107 (Fla. 4th DCA 2009) ("An order merely granting a motion for summary judgment is not a final order because it does not enter judgment for or against a party."); Malu v. City of Gainesville, 872 So. 2d 445 (Fla. 1st DCA 2004) ("A determination that 'final judgment shall be entered,' is insufficient to unequivocally demonstrate finality."). Further,ORDERED that the trial court is specifically authorized, pursuant to Florida Rule of Appellate Procedure 9.600(b), upon appropriate application, to enter a final order in these proceedings. |
| Classification | NOA Final - Circuit Civil - Foreclosure |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County CACE22008513 |
Parties
| Name | FORECLOSURE, INC. |
| Role | Appellant |
| Status | Active |
| Name | Carlos Kosloff *W* |
| Role | Appellant |
| Status | Active |
| Name | Clear To Sell, LLP |
| Role | Appellee |
| Status | Active |
| Representations | Marshall Joel Osofsky |
| Name | Hon. William W. Haury, Jr. |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk - Broward |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2023-08-17 |
| Type | Motions Other |
| Subtype | Miscellaneous Motion |
| Description | Miscellaneous Motion |
| On Behalf Of | Carlos Kosloff *W* |
| Docket Date | 2023-08-15 |
| Type | Motions Other |
| Subtype | Motion/Request for Judicial Notice |
| Description | Motion/Request for Judicial Notice |
| On Behalf Of | Carlos Kosloff *W* |
| Docket Date | 2023-08-07 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief on Merits |
| On Behalf Of | Carlos Kosloff *W* |
| Docket Date | 2023-08-07 |
| Type | Misc. Events |
| Subtype | Miscellaneous Trial Court Order |
| Description | ORD-FROM CIRCUIT COURT/AGENCY ~ AGREED FINAL JUDGMENT QUIETING TITLE |
| On Behalf Of | Carlos Kosloff *W* |
| Docket Date | 2024-02-01 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2024-02-01 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| View | View File |
| Docket Date | 2024-01-11 |
| Type | Disposition by Opinion |
| Subtype | Affirmed |
| Description | Affirmed |
| View | View File |
| Docket Date | 2023-12-04 |
| Type | Motions Other |
| Subtype | Motion for Clarification of Order |
| Description | Motion for Clarification of Order |
| Docket Date | 2023-11-28 |
| Type | Order |
| Subtype | Order Striking Filing |
| Description | ORDERED sua sponte that Appellant's November 27, 2023 second amended initial brief is stricken with leave to file a motion to amend . |
| View | View File |
| Docket Date | 2023-11-27 |
| Type | Brief |
| Subtype | Amended Initial Brief |
| Description | Amended Initial Brief ***STRICKEN*** |
| On Behalf Of | Carlos Kosloff *W* |
| View | View File |
| Docket Date | 2023-11-22 |
| Type | Order |
| Subtype | Order |
| Description | ORDERED that Appellant's November 21, 2023 motion for extension is determined to be moot. The record on appeal was filed November 21, 2023. |
| View | View File |
| Docket Date | 2023-11-21 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time for Record |
| Description | Motion for Extension of Time for Record |
| On Behalf Of | Carlos Kosloff *W* |
| Docket Date | 2023-11-21 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Record on Appeal -- 611 PAGES |
| On Behalf Of | Clerk - Broward |
| Docket Date | 2023-11-16 |
| Type | Order |
| Subtype | Order Striking Filing |
| Description | Order Striking Filing |
| View | View File |
| Docket Date | 2023-11-16 |
| Type | Response |
| Subtype | Response |
| Description | Response to Order to Show Cause and Motion for Extension ***STRICKEN*** |
| On Behalf Of | Carlos Kosloff *W* |
| Docket Date | 2023-11-14 |
| 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 | 2023-08-21 |
| Type | Motions Other |
| Subtype | Miscellaneous Motion |
| Description | Miscellaneous Motion |
| On Behalf Of | Carlos Kosloff *W* |
| Docket Date | 2023-08-17 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ TO APPELLANT'S MOTION TO STAY EXECUTION OF FORECLOSURE SALE |
| On Behalf Of | Clear To Sell, LLP |
| Docket Date | 2023-08-03 |
| Type | Motions Other |
| Subtype | Request for Emergency Treatment |
| Description | Request for Emergency Treatment |
| On Behalf Of | Clear To Sell, LLP |
| Docket Date | 2023-08-03 |
| Type | Misc. Events |
| Subtype | Miscellaneous Docket Entry |
| Description | Miscellaneous Entry/Document ~ CLAIM OF EXEMPTION AND REQUEST FOR HEARING ACCORDING TO F.S. 77.041 |
| On Behalf Of | Carlos Kosloff *W* |
| Docket Date | 2023-08-03 |
| Type | Post-Disposition Motions |
| Subtype | Motion For Clarification |
| Description | Motion for Clarification |
| On Behalf Of | Carlos Kosloff *W* |
| Docket Date | 2023-08-02 |
| Type | Misc. Events |
| Subtype | Miscellaneous Docket Entry |
| Description | Miscellaneous Entry/Document ~ ***STRICKEN***CLAIM OF EXEMPTION AND REQUEST FOR HEARING ACCORDING TOF.S. 77.041 |
| On Behalf Of | Carlos Kosloff *W* |
| Docket Date | 2023-08-02 |
| Type | Motions Other |
| Subtype | Motion To Stay |
| Description | Motion To Stay |
| On Behalf Of | Carlos Kosloff *W* |
| Docket Date | 2023-08-01 |
| Type | Order |
| Subtype | Order on Motion For Clarification |
| Description | Deny Clarification ~ ORDERED that appellant's July 28, 2023 motion for clarification is denied as moot, as an order denying rehearing has been entered in the lower tribunal. |
| Docket Date | 2023-08-01 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Clear To Sell, LLP |
| Docket Date | 2023-07-31 |
| Type | Motions Other |
| Subtype | Miscellaneous Motion |
| Description | Miscellaneous Motion ~ ***SEE AMENDED MOTION ***TO VACATE JUDGMENT |
| On Behalf Of | Carlos Kosloff *W* |
| Docket Date | 2023-07-31 |
| Type | Misc. Events |
| Subtype | Miscellaneous Docket Entry |
| Description | Miscellaneous Entry/Document |
| On Behalf Of | Carlos Kosloff *W* |
| Docket Date | 2023-07-31 |
| Type | Notice |
| Subtype | Notice |
| Description | Notice |
| On Behalf Of | Carlos Kosloff *W* |
| Docket Date | 2023-07-28 |
| Type | Motions Other |
| Subtype | Miscellaneous Motion |
| Description | Miscellaneous Motion ~ ***AMENDED*** |
| On Behalf Of | Carlos Kosloff *W* |
| Docket Date | 2023-07-28 |
| Type | Post-Disposition Motions |
| Subtype | Motion For Clarification |
| Description | Motion For Clarification ~ ***AMENDED*** |
| On Behalf Of | Carlos Kosloff *W* |
| Docket Date | 2023-07-28 |
| Type | Brief |
| Subtype | Amended Initial Brief |
| Description | Amended Appellant's Initial Brief |
| On Behalf Of | Carlos Kosloff *W* |
| Docket Date | 2023-07-27 |
| Type | Order |
| Subtype | Order Striking Filing |
| Description | Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant's July 26, 2023 initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service or the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f). You are notified of the requirement to serve the appellee with a copy of everything you file with this court and to indicate in the certificate of service that you served the appellee at the address below. The address is:Department of Legal Affairs1515 North Flagler Drive, Suite 900West Palm Beach, Florida 33401Appellant may re-file the document with a proper certificate of service which indicates service on the appellee within fifteen (15) days from the date of this order. |
| Docket Date | 2023-07-27 |
| Type | Motions Other |
| Subtype | Miscellaneous Motion |
| Description | Miscellaneous Motion ~ ***STRICKEN*** |
| On Behalf Of | Carlos Kosloff *W* |
| Docket Date | 2023-07-27 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief on Merits |
| On Behalf Of | Carlos Kosloff *W* |
| Docket Date | 2023-07-26 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief on Merits ~ ***STRICKEN** |
| On Behalf Of | Carlos Kosloff *W* |
| Docket Date | 2023-07-25 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2023-07-25 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| On Behalf Of | Carlos Kosloff *W* |
| Docket Date | 2023-07-25 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | Carlos Kosloff *W* |
| Docket Date | 2023-12-12 |
| Type | Order |
| Subtype | Order on Motion For Clarification |
| Description | ORDERED that appellant's December 4, 2023 motion for clarification is denied. The Court's November 28, 2023 order allows appellant the opportunity to file a motion for leave to file an amended initial brief. Any such filing must comply with the Florida Rules of Appellate Procedure. |
| View | View File |
| Docket Date | 2023-09-05 |
| Type | Order |
| Subtype | Order on Miscellaneous Motion |
| Description | Deny Miscellaneous Motion ~ ORDERED that appellant’s August 3, 2023 Amended Motion to Vacate Judgment and July 31, 2023 Motion to Vacate Judgment are denied. Further, Upon consideration of appellee’s August 17, 2023 response, it isORDERED that appellant’s August 2 and 3, 2023 Motions to Stay are treated as motions for review and are denied without prejudice to refiling as a proper motion for review pursuant to Florida Rule of Appellate Procedure 9.310. Further, ORDERED that appellant’s August 3, 2023 Motion for Clarification is denied. Further,ORDERED that appellant’s August 15, 2023 Motion/Request for Judicial Notice is denied. Further,ORDERED that appellant’s August 17, 2023 Motions to Overturn Denial of Right of Redemption are denied. Further,ORDERED that appellant’s August 21, 2023 Motion to Close Case in Lower Tribunal is denied. Further,ORDERED that appellant is cautioned that excessive motion practice may result in this court imposing sanctions on appellant, including barring appellant from pro se filing. See State v. Spencer, 751 So. 2d 47 (Fla. 1999). |
| Docket Date | 2023-08-03 |
| Type | Order |
| Subtype | Order Striking Filing |
| Description | ORD-Stricken as Unauthorized ~ ORDERED sua sponte that appellant's August 2, 2023 pleadings titled “Claim Of Exemption and Request for Hearing According to F.S. 77.041” are stricken as unauthorized. |
| Docket Date | 2023-07-28 |
| Type | Order |
| Subtype | Abeyance Order |
| Description | Order Holding Case in Abeyance Per R. 9.020(h)(2)(C) ~ This court notes that a motion tolling rendition is pending in the trial court. ORDERED that the above-styled case is held in abeyance until the trial court disposes of the motion and appellant files a copy of the order in this court. On that date, this case shall proceed, 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 | 2023-07-25 |
| 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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of 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 lower tribunal 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 lower tribunal 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 lower tribunal clerk's determination of indigent status is filed. |
| Classification | NOA Final - Circuit Civil - Foreclosure |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County 502022CA008940XXXMB |
Parties
| Name | Kristen Geisen |
| Role | Appellant |
| Status | Active |
| Name | Bradford R. Geisen |
| Role | Appellant |
| Status | Active |
| Representations | Enrique Nieves, III |
| Name | FORECLOSURE, INC. |
| Role | Appellant |
| Status | Active |
| Name | RF&D SYSTEMS HOLDING CORP. |
| Role | Appellee |
| Status | Active |
| Name | Riverstone Finance & Development Corp. |
| Role | Appellee |
| Status | Active |
| Name | FIRST HORIZON BANK |
| Role | Appellee |
| Status | Active |
| Representations | Barry Turner |
| Name | J KARMELIA, LLC |
| Role | Appellee |
| Status | Active |
| Name | ALPHA FENCE LLC |
| Role | Appellee |
| Status | Active |
| Name | TROPIC ISLE CIVIC ASSOCIATION, INC. |
| Role | Appellee |
| Status | Active |
| 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 | 2023-07-20 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2023-08-22 |
| Type | Disposition |
| Subtype | Dismissed |
| Description | Dismissed - Order by Clerk |
| Docket Date | 2023-08-22 |
| Type | Disposition by Order |
| Subtype | Dismissed |
| Description | Order Granting Voluntary Dismissal ~ Pursuant to the August 21, 2023 notice of voluntary dismissal, this case is dismissed. |
| Docket Date | 2023-08-21 |
| Type | Motions Other |
| Subtype | Motion/Notice Voluntary Dismissal |
| Description | Notice of Voluntary Dismissal |
| On Behalf Of | Bradford R. Geisen |
| Docket Date | 2023-07-31 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | First Horizon Bank |
| Docket Date | 2023-07-27 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid Through Portal |
| On Behalf Of | Bradford R. Geisen |
| Docket Date | 2023-07-19 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | Bradford R. Geisen |
| Docket Date | 2023-07-19 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Docket Date | 2023-07-20 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed. |
| Classification | NOA Final - Circuit Civil - Foreclosure |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County 502015CA014371 |
Parties
| Name | FORECLOSURE, INC. |
| Role | Appellant |
| Status | Active |
| Name | Karen Ching Hsien Yeh |
| Role | Appellant |
| Status | Active |
| Name | Wing Kei Ho |
| Role | Appellant |
| Status | Active |
| Name | Richard Lee Oftedal |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk - Palm Beach |
| Role | Lower Tribunal Clerk |
| Status | Active |
| Name | Fountains of Palm Beach Condominium, Inc. #3 |
| Role | Appellee |
| Status | Active |
| Representations | Howard Perl |
Docket Entries
| Docket Date | 2023-09-07 |
| Type | Order |
| Subtype | Order on Motion for Rehearing |
| Description | ORD-Denying Rehearing ~ ORDERED that appellant's August 17, 2023 motion for rehearing and clarification is denied. See Jackson v. U.S. Aviation Underwriters, Inc., 466 So. 2d 1119 (Fla. 2d DCA 1985) (A motion for rehearing "shall not re-argue the merits of the court's order."). |
| Docket Date | 2023-08-17 |
| Type | Post-Disposition Motions |
| Subtype | Motion for Rehearing |
| Description | Motion For Rehearing |
| On Behalf Of | Karen Ching Hsien Yeh |
| Docket Date | 2023-08-07 |
| Type | Disposition |
| Subtype | Dismissed |
| Description | Dismissed - Order by Judge |
| Docket Date | 2023-08-07 |
| 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. See Elmouki v. Dep't of Transp., 251 So. 3d 290 (Fla. 1st DCA 2018) (“Where, as here, the notice of appeal was not timely filed, we have no choice but to dismiss the appeal for lack of jurisdiction.”); see also Peltz v. Dist. Ct. of Appeal, Third Dist., 605 So. 2d 865, 866 (Fla. 1992) (“The untimely filing of a notice of appeal precludes the appellate court from exercising jurisdiction.”); Griffis v. Dep't of Bus. & Prof. Reg., 90 So. 3d 320, 321 (Fla. 1st DCA 2012) (“Because an appellate court has no jurisdiction to consider a late-filed appeal, it must dismiss the appeal.”).KLINGENSMITH, C.J., GROSS and GERBER, JJ., concur. |
| Docket Date | 2023-07-31 |
| Type | Notice |
| Subtype | Notice of Filing |
| Description | Notice of Filing ~ CONFORMED ORDER & AFFIDAVIT TO SUPPORT TIMELINESS OF THE APPEAL |
| On Behalf Of | Wing Kei Ho |
| Docket Date | 2023-07-31 |
| Type | Misc. Events |
| Subtype | Miscellaneous Trial Court Order |
| Description | ORD-FROM CIRCUIT COURT/AGENCY ~ Entry of Final Judgment |
| On Behalf Of | Wing Kei Ho |
| Docket Date | 2023-07-21 |
| 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 July 17, 2023 and the Notice reflects June 12, 2023 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 | 2023-07-19 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2023-07-18 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | Wing Kei Ho |
| Docket Date | 2023-07-18 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | A3:Paid In Full - $300 |
| Docket Date | 2023-07-19 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed. |
| Classification | NOA Final - Circuit Civil - Foreclosure |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County CACE22009611 |
Parties
| Name | STEVEN CARROLL, INC. |
| Role | Appellant |
| Status | Active |
| Representations | Bruce Karl Herman |
| Name | FORECLOSURE, INC. |
| Role | Appellant |
| Status | Active |
| Name | Mary K. Carroll |
| Role | Appellant |
| Status | Active |
| Name | The Bank of New York Mellon, etc. |
| Role | Appellee |
| Status | Active |
| Representations | Richard Slaughter McIver, Donna Sue Glick |
| Name | Hon. Christopher Pole |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk - Broward |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2024-06-25 |
| Type | Order |
| Subtype | Order to File Status Report |
| Description | Order to File Status Report |
| View | View File |
| Docket Date | 2024-10-11 |
| Type | Misc. Events |
| Subtype | Status Report |
| Description | Status Report |
| On Behalf Of | Steven Carroll |
| Docket Date | 2024-06-28 |
| Type | Misc. Events |
| Subtype | Status Report |
| Description | Notice of Status Report of Bankruptcy |
| On Behalf Of | Steven Carroll |
| Docket Date | 2023-12-18 |
| Type | Notice |
| Subtype | Notice of Filing |
| Description | Notice of Filing Order Confirming Automatic Stay is in Effect |
| On Behalf Of | The Bank of New York Mellon, etc. |
| Docket Date | 2023-12-07 |
| Type | Record |
| Subtype | Supplemental Record |
| Description | Supplemental Record |
| On Behalf Of | Steven Carroll |
| Docket Date | 2023-12-06 |
| Type | Motions Relating to Records |
| Subtype | Motion to Supplement Record |
| Description | Motion to Supplement Record |
| Docket Date | 2023-11-16 |
| Type | Order |
| Subtype | Order on Motion to Supplement Record |
| Description | ORDERED that Appellants' November 15, 2023 motion to supplement the record is denied without prejudice to filing an amended motion which identifies the exhibits in question. |
| View | View File |
| Docket Date | 2023-11-15 |
| Type | Notice |
| Subtype | Notice of Filing |
| Description | Notice of Filing Order Reinstating the Bankruptcy Automatic Stay |
| On Behalf Of | The Bank of New York Mellon, etc. |
| Docket Date | 2023-11-15 |
| Type | Record |
| Subtype | Supplemental Record |
| Description | Proposed Supplemental Record |
| On Behalf Of | Steven Carroll |
| Docket Date | 2023-11-15 |
| Type | Motions Relating to Records |
| Subtype | Motion to Supplement Record |
| Description | Motion to Supplement Record |
| Docket Date | 2023-11-15 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief |
| On Behalf Of | Steven Carroll |
| View | View File |
| Docket Date | 2023-10-20 |
| Type | Order |
| Subtype | Order re Stay |
| Description | ORDERED that, upon consideration of Appellee's October 19, 2023 notice of filing, the stay is lifted and the above-styled appeal shall proceed. Further, ORDERED that the Appellant shall serve the initial brief within thirty (30) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal, or the court in its discretion may impose other sanctions. |
| View | View File |
| Docket Date | 2023-10-19 |
| Type | Notice |
| Subtype | Notice of Filing |
| Description | Notice of Filing order terminating the bankruptcy automatic stay |
| On Behalf Of | The Bank of New York Mellon, etc. |
| Docket Date | 2023-10-05 |
| Type | Notice |
| Subtype | Notice |
| Description | Notice of compliance with court's order regarding applicability of the automatic bankruptcy stay |
| On Behalf Of | The Bank of New York Mellon, etc. |
| Docket Date | 2023-09-21 |
| Type | Order |
| Subtype | Show Cause re Bankruptcy |
| Description | A suggestion of bankruptcy having been filed, it is ORDERED that the parties shall, within fourteen (14) days from the date of this order, request that the United States Bankruptcy Court issue an order stating whether this appeal should be stayed pursuant to 11 U.S.C. § 362(a) or any other provision of the United States Bankruptcy Code. See, e.g., In re Hill, 364 B.R. 826, 828 (Bankr. M.D. Fla. 2007) ("Comfort orders serve a valuable purpose. The orders are entered primarily for a third party's benefit, often to help a sister state court attempting to determine whether it can proceed with a pending action, such as a foreclosure."). Upon the filing of the request in the United States Bankruptcy Court, the parties shall file a notice of compliance with this Court. Further, should the United States Bankruptcy Court enter an order on the parties' request, the parties shall file a copy of the order with this Court within five (5) days of issuance of that order. |
| View | View File |
| Docket Date | 2023-09-20 |
| Type | Notice |
| Subtype | Suggestion of Bankruptcy |
| Description | Suggestion of Bankruptcy |
| Docket Date | 2023-09-06 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records ~ 181 PAGES |
| On Behalf Of | Clerk - Broward |
| Docket Date | 2023-07-19 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | The Bank of New York Mellon, etc. |
| Docket Date | 2023-07-18 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2023-07-17 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | A3:Paid In Full - $300 |
| Docket Date | 2023-07-17 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | Steven Carroll |
| Docket Date | 2024-10-04 |
| Type | Order |
| Subtype | Order to File Status Report |
| Description | ORDERED that Appellant is directed to file a status report, within ten (10) days from the date of this order, regarding the bankruptcy proceeding. |
| View | View File |
| Docket Date | 2023-12-19 |
| Type | Order |
| Subtype | Order Bankruptcy |
| Description | 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 Steven Carroll and Mary Carroll 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, Steven Carroll and Mary Carroll, 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. |
| View | View File |
| Docket Date | 2023-12-11 |
| Type | Notice |
| Subtype | Notice |
| Description | Notice of Compliance with Court's Order Regarding Applicability of the Automatic Bankruptcy Stay |
| On Behalf Of | The Bank of New York Mellon, etc. |
| Docket Date | 2023-12-07 |
| Type | Order |
| Subtype | Order on Motion to Supplement Record |
| Description | ORDERED that Appellants' December 6, 2023 amended motion to supplement the record is granted, and the record is supplemented to include the July 5, 2023 trial transcript and The Bank of New York Mellon's trial exhibits. Said supplemental record is deemed filed as of the date of this order. |
| View | View File |
| Docket Date | 2023-11-17 |
| Type | Order |
| Subtype | Show Cause re Bankruptcy |
| Description | A suggestion of bankruptcy having been filed, it is ORDERED that the parties shall, within fourteen (14) days from the date of this order, request that the United States Bankruptcy Court issue an order stating whether this appeal should be stayed pursuant to 11 U.S.C. § 362(a) or any other provision of the United States Bankruptcy Code. See, e.g., In re Hill, 364 B.R. 826, 828 (Bankr. M.D. Fla. 2007) ("Comfort orders serve a valuable purpose. The orders are entered primarily for a third party's benefit, often to help a sister state court attempting to determine whether it can proceed with a pending action, such as a foreclosure."). Upon the filing of the request in the United States Bankruptcy Court, the parties shall file a notice of compliance with this Court. Further, should the United States Bankruptcy Court enter an order on the parties' request, the parties shall file a copy of the order with this Court within five (5) days of issuance of that order. |
| View | View File |
| Docket Date | 2023-07-18 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed. |
| Classification | NOA Final - Circuit Civil - Foreclosure |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County CACE21-008572 |
Parties
| Name | FORECLOSURE, INC. |
| Role | Appellant |
| Status | Active |
| Name | Indira Da Silva |
| Role | Appellant |
| Status | Active |
| Name | Horizon at Celebration Pointe Homeowners' Assoc., Inc. |
| Role | Appellee |
| Status | Active |
| Representations | Steven M. Canter |
| Name | DANIEL DA SILVA, INC. |
| Role | Appellant |
| Status | Active |
| Representations | Michael Gulisano |
| Name | Hon. Mark Alan Speiser |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk - Broward |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2024-07-23 |
| Type | Response |
| Subtype | Response |
| Description | Appellee's Response in Opposition to Appellants' Motion for Rehearing, Clarification, Written Opinion, or Certification |
| Docket Date | 2024-07-08 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix to Appellants' Motion for Rehearing, Clarification, Written Opinion, or Certification |
| On Behalf Of | Daniel Da Silva |
| Docket Date | 2024-07-08 |
| Type | Post-Disposition Motions |
| Subtype | Motion for Rehearing |
| Description | Motion for Rehearing, Clarification, Written Opinion, or Certification |
| Docket Date | 2024-06-20 |
| Type | Order |
| Subtype | Order on Motion For Attorney's Fees |
| Description | Order on Motion For Attorney's Fees |
| View | View File |
| Docket Date | 2024-06-20 |
| Type | Disposition by Opinion |
| Subtype | Affirmed |
| Description | Affirmed |
| View | View File |
| Docket Date | 2024-04-17 |
| Type | Order |
| Subtype | Order Dispensing with Oral Argument |
| Description | Order Dispensing with Oral Argument |
| View | View File |
| Docket Date | 2024-03-25 |
| Type | Response |
| Subtype | Response |
| Description | Response in Opposition to Appellant's Motion for Attorney's Fees |
| On Behalf Of | Horizon at Celebration Pointe Homeowners' Assoc., Inc. |
| Docket Date | 2024-03-25 |
| Type | Record |
| Subtype | Appendix to Reply Brief |
| Description | Appendix to Reply Brief |
| On Behalf Of | Daniel Da Silva |
| Docket Date | 2024-03-25 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Reply Brief |
| On Behalf Of | Daniel Da Silva |
| View | View File |
| Docket Date | 2024-03-25 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees **Response filed 3/25/24** |
| Docket Date | 2024-02-26 |
| Type | Notice |
| Subtype | Amended Notice of Appeal |
| Description | Amended Notice of Appeal |
| On Behalf Of | Daniel Da Silva |
| Docket Date | 2024-02-23 |
| Type | Brief |
| Subtype | Amended Answer Brief |
| Description | Amended Answer Brief |
| On Behalf Of | Horizon at Celebration Pointe Homeowners' Assoc., Inc. |
| View | View File |
| Docket Date | 2024-02-21 |
| Type | Response |
| Subtype | Response |
| Description | Response in Opposition to Motion for Leave to File Amended Notice of Appeal |
| On Behalf Of | Horizon at Celebration Pointe Homeowners' Assoc., Inc. |
| Docket Date | 2024-02-20 |
| Type | Motions Relating to Briefs |
| Subtype | Motion to Amend Brief |
| Description | Motion to Amend Brief |
| Docket Date | 2024-02-20 |
| Type | Motions Other |
| Subtype | Miscellaneous Motion |
| Description | Motion for Leave to File Amended Notice of Appeal |
| Docket Date | 2024-02-06 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees and Costs |
| Docket Date | 2024-02-05 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Costs and Attorney's Fees |
| Docket Date | 2024-02-02 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Answer Brief |
| On Behalf Of | Horizon at Celebration Pointe Homeowners' Assoc., Inc. |
| View | View File |
| Docket Date | 2024-01-03 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
| Description | Order on Motion for Extension of Time to Serve Answer Brief |
| View | View File |
| Docket Date | 2023-12-29 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Answer Brief |
| Description | Motion for Extension of Time to Serve Answer Brief |
| Docket Date | 2023-12-04 |
| Type | Brief |
| Subtype | Amended Initial Brief |
| Description | Amended Initial Brief |
| On Behalf Of | Daniel Da Silva |
| View | View File |
| Docket Date | 2023-12-04 |
| Type | Order |
| Subtype | Order on Motion For Leave To File Amended Brief |
| Description | ORDERED that Appellants' December 1, 2023 motion to serve an amended initial brief is granted, and Appellants' amended initial brief is deemed filed as of the date of this order. |
| View | View File |
| Docket Date | 2023-12-01 |
| Type | Motions Relating to Briefs |
| Subtype | Motion to Amend Brief |
| Description | Motion to Amend Initial Brief |
| Docket Date | 2023-12-01 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix to Initial Brief |
| Docket Date | 2023-12-01 |
| Type | Order |
| Subtype | Order Striking Filing |
| Description | ORDERED that Appellant's appendix to the initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, and was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index. An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order. |
| View | View File |
| Docket Date | 2023-11-29 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief |
| On Behalf Of | Daniel Da Silva |
| View | View File |
| Docket Date | 2023-09-29 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Initial Brief |
| Description | Motion for Extension of Time to Serve Initial Brief |
| Docket Date | 2023-09-22 |
| Type | Order |
| Subtype | Order on Miscellaneous Motion |
| Description | ORDERED that, upon consideration of appellee's September 18, 2023 response, appellants' September 13, 2023 motion for referral to mediation is denied. |
| View | View File |
| Docket Date | 2023-09-21 |
| Type | Order |
| Subtype | Order Striking Filing |
| Description | ORDERED sua sponte that Appellants' September 19, 2023 reply is stricken as unauthorized. |
| View | View File |
| Docket Date | 2023-09-19 |
| Type | Response |
| Subtype | Reply to Response |
| Description | **STRICKEN** REPLY IN SUPPORT OF MOTION FOR REFERRAL TO MEDIATION |
| View | View File |
| Docket Date | 2023-09-18 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Horizon at Celebration Pointe Homeowners' Assoc., Inc. |
| Docket Date | 2023-09-18 |
| Type | Response |
| Subtype | Response |
| Description | RESPONSE IN OPPOSITION TO APPELLANTS' MOTION FOR REFERRAL TO MEDIATION |
| On Behalf Of | Horizon at Celebration Pointe Homeowners' Assoc., Inc. |
| Docket Date | 2023-09-18 |
| Type | Order |
| Subtype | Order to File Response |
| Description | ORDERED that Appellee is directed to respond, within fifteen (15) days from the date of this order, to Appellants' September 13, 2023 motion for referral to mediation. |
| View | View File |
| Docket Date | 2023-09-13 |
| Type | Motions Other |
| Subtype | Miscellaneous Motion |
| Description | Appellants' Motion for Referral to Mediation |
| On Behalf Of | Daniel Da Silva |
| Docket Date | 2023-09-07 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records ~ 1,271 PAGES |
| On Behalf Of | Clerk - Broward |
| Docket Date | 2023-07-24 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid Through Portal |
| On Behalf Of | Daniel Da Silva |
| Docket Date | 2023-07-18 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2023-07-17 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Docket Date | 2023-07-17 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | Daniel Da Silva |
| Docket Date | 2024-08-15 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| View | View File |
| Docket Date | 2024-07-30 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2024-07-30 |
| Type | Order |
| Subtype | Order on Motion for Rehearing |
| Description | ORDERED that Appellants' July 8, 2024 motion for rehearing, clarification, written opinion, or certification is denied. |
| View | View File |
| Docket Date | 2024-02-23 |
| Type | Order |
| Subtype | Order on Motion For Leave To File Amended Brief |
| Description | ORDERED that appellee's February 20, 2024 "Unopposed Motion to File Amended Answer Brief" is granted, and the amended answer brief is deemed filed as of the date of this order. Further, ORDERED that, upon consideration of appellee's February 21, 2024 response, appellants' February 20, 2024 motion for leave to file an amended notice of appeal is granted. See Puga v. Suave Shoe Corp., 417 So. 2d 678 (Fla. 3d DCA 1981) ("{S]o long as a notice is (a) timely filed in the correct court—thus satisfying the only discernible jurisdictional prerequisites, (b) has sufficient information to identify the appealing and opposing parties and (c) states a desire to appeal, it must be deemed directed to the reviewable order, so that that desire may be satisfied."). |
| View | View File |
| Docket Date | 2023-11-29 |
| Type | Record |
| Subtype | Appendix to Initial Brief |
| Description | Appendix to Initial Brief |
| On Behalf Of | Daniel Da Silva |
| Docket Date | 2023-11-29 |
| Type | Motion |
| Subtype | Request-Oral Argument |
| Description | Request for Oral Argument |
| On Behalf Of | Daniel Da Silva |
| View | View File |
| Docket Date | 2023-10-10 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
| Description | ORDERED that Appellants' September 29, 2023 motion for extension of time is granted, and Appellants shall serve the initial brief within sixty (60) days from the current due date. 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. |
| View | View File |
| Docket Date | 2023-07-18 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed. |
| Classification | NOA Final - Circuit Civil - Foreclosure |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County 502018CA007245XXX |
Parties
| Name | 142 CWELT-2007 LLC |
| Role | Appellant |
| Status | Active |
| Representations | Rachel Mendes Coe, Daniel Adam Bushell |
| Name | FORECLOSURE, INC. |
| Role | Appellant |
| Status | Active |
| Name | Kelene Alexis |
| Role | Appellee |
| Status | Active |
| Name | US Bank National Association |
| Role | Appellee |
| Status | Active |
| Representations | Larry E. Schner, Adam Alexander Diaz, Kathleen Achille |
| Name | Truman 2016 SC6 Title Trust |
| Role | Appellee |
| Status | Active |
| Name | David Lilly |
| Role | Appellee |
| Status | Active |
| Name | Ashley Lilly |
| Role | Appellee |
| Status | Active |
| Name | Hon. Bradley Harper |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk - Palm Beach |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2024-01-11 |
| Type | Disposition by Order |
| Subtype | Dismissed |
| Description | Dismissed |
| View | View File |
| Docket Date | 2024-01-11 |
| Type | Misc. Events |
| Subtype | Miscellaneous Docket Entry |
| Description | Miscellaneous Docket Entry -- - Returned Mail for A. and D. Lilly and K. Alexis |
| Docket Date | 2024-01-04 |
| Type | Misc. Events |
| Subtype | Miscellaneous Docket Entry |
| Description | Miscellaneous Docket Entry -- Returned Mail for A. and D. Lilly |
| Docket Date | 2023-12-21 |
| 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 | 2024-08-13 |
| Type | Order |
| Subtype | Order on Motion for Reinstatement |
| Description | ORDERED that Appellant's July 17, 2024 motion for reinstatement is denied. |
| View | View File |
| Docket Date | 2024-07-18 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief |
| View | View File |
| Docket Date | 2024-07-18 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| Docket Date | 2024-07-18 |
| Type | Post-Disposition Motions |
| Subtype | Motion For Reinstatement |
| Description | Motion For Reinstatement |
| Docket Date | 2024-07-18 |
| Type | Misc. Events |
| Subtype | Affidavit |
| Description | Affidavit of Michael Davenport in Support of Motion for Reinstatement |
| Docket Date | 2023-09-18 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Order on Agreed Extension of Time -- 60 DAYS TO 11/17/23 |
| Docket Date | 2023-09-16 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Initial Brief |
| Description | Notice of Agreed Extension of Time - Initial Brief |
| On Behalf Of | 142 CWELT- 2007 LLC |
| Docket Date | 2023-09-06 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records ~ 2691 PAGES |
| On Behalf Of | Clerk - Palm Beach |
| Docket Date | 2023-08-16 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid Through Portal |
| On Behalf Of | 142 CWELT- 2007 LLC |
| Docket Date | 2023-08-04 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | US Bank National Association |
| Docket Date | 2023-07-25 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2023-07-11 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Docket Date | 2023-07-11 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | 142 CWELT- 2007 LLC |
| Docket Date | 2023-12-08 |
| Type | Order |
| Subtype | Order Striking Filing |
| Description | ORDERED that Appellant's December 06, 2023 initial brief 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. |
| View | View File |
| Docket Date | 2023-12-07 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief |
| View | View File |
| Docket Date | 2023-11-28 |
| Type | Order |
| Subtype | Show Cause for Brief or Record on Appeal |
| Description | ORDERED that Appellant in the above-styled case is directed to show cause in writing, if any there be, on or before December 8, 2023, why the above-styled case should not be dismissed for lack of timely prosecution, in that Appellant's initial brief has not been filed with this court as of the date of this order. 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. |
| View | View File |
| Docket Date | 2023-07-25 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed. |
| Classification | NOA Final - Circuit Civil - Foreclosure |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County 502008CA039724 |
Parties
| Name | FORECLOSURE, INC. |
| Role | Appellant |
| Status | Active |
| Name | Jackie Stetson |
| Role | Appellant |
| Status | Active |
| Name | Matthew J. Stetson |
| Role | Appellee |
| Status | Active |
| Name | FEDERAL NATIONAL MORTGAGE ASSOCIATION CORP |
| Role | Appellee |
| Status | Active |
| Representations | Adam Alexander Diaz, Nazish Shah |
| Name | JP Morgan Chase Bank, N.A. |
| Role | Appellee |
| Status | Active |
| Name | Hon. Maxine Cheesman |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk - Palm Beach |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2024-04-24 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| View | View File |
| Docket Date | 2024-04-22 |
| Type | Supreme Court |
| Subtype | Supreme Court Order |
| Description | SC2024-0575 Supreme Court Order |
| Docket Date | 2024-04-19 |
| Type | Supreme Court |
| Subtype | Notice to Invok. Disc. Jur. FSC |
| Description | Notice to Invok. Disc. Jur. FSC |
| Docket Date | 2024-04-05 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2024-04-05 |
| Type | Order |
| Subtype | Order on Motion for Rehearing |
| Description | Order on Motion for Rehearing |
| View | View File |
| Docket Date | 2024-03-14 |
| Type | Post-Disposition Motions |
| Subtype | Motion for Rehearing |
| Description | Motion for Rehearing |
| Docket Date | 2024-02-29 |
| Type | Order |
| Subtype | Order on Motion For Attorney's Fees |
| Description | Order on Motion For Attorney's Fees |
| View | View File |
| Docket Date | 2024-02-29 |
| Type | Disposition by Opinion |
| Subtype | Affirmed |
| Description | Affirmed |
| View | View File |
| Docket Date | 2023-11-22 |
| Type | Order |
| Subtype | Order Vacating/Withdrawing Order |
| Description | ORDERED that this court's November 14, 2023 order is vacated as issued in error. |
| View | View File |
| Docket Date | 2023-11-22 |
| Type | Response |
| Subtype | Response |
| Description | Response to Order to Show Cause |
| On Behalf Of | Jackie Stetson |
| Docket Date | 2023-11-14 |
| 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 | 2023-11-14 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Reply Brief |
| On Behalf Of | Jackie Stetson |
| View | View File |
| Docket Date | 2023-10-16 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees |
| Docket Date | 2023-10-16 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Answer Brief |
| On Behalf Of | Federal National Mortgage Association |
| View | View File |
| Docket Date | 2023-10-16 |
| Type | Record |
| Subtype | Appendix to Answer Brief |
| Description | Appendix to Answer Brief |
| On Behalf Of | Federal National Mortgage Association |
| Docket Date | 2023-10-05 |
| Type | Order |
| Subtype | Order |
| Description | Order regarding Court's Review |
| View | View File |
| Docket Date | 2023-09-08 |
| Type | Post-Disposition Motions |
| Subtype | Motion For Clarification |
| Description | Motion for Clarification |
| On Behalf Of | Jackie Stetson |
| Docket Date | 2023-08-16 |
| Type | Disposition by Order |
| Subtype | Granted in Part/Denied in Part |
| Description | ORD-Grant in Part/Deny in Part ~ ORDERED that appellees’ August 14, 2023 motion is granted in part and denied in part. Appellees’ request to strike the initial brief is denied. Appellees’ request to toll the time for service of the answer brief is granted, and the answer brief shall be filed within thirty (30) days from receipt of the record on appeal. |
| Docket Date | 2023-07-18 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix to Brief |
| On Behalf Of | Jackie Stetson |
| Docket Date | 2023-07-18 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief on Merits |
| On Behalf Of | Jackie Stetson |
| Docket Date | 2023-07-06 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2023-07-05 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | Jackie Stetson |
| Docket Date | 2023-07-05 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | A3:Paid In Full - $300 |
| Docket Date | 2023-08-14 |
| Type | Motions Other |
| Subtype | Motion To Strike |
| Description | Motion To Strike |
| On Behalf Of | Federal National Mortgage Association |
| Docket Date | 2023-08-10 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Federal National Mortgage Association |
| Classification | NOA Final - Circuit Civil - Foreclosure |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County 502019CA002406 |
Parties
| Name | FORECLOSURE, INC. |
| Role | Appellant |
| Status | Active |
| Name | Valerie T. Runcie |
| Role | Appellant |
| Status | Active |
| Representations | Frank Carrillo, Myriam Clerge |
| Name | Lloyd Runcie |
| Role | Appellant |
| Status | Active |
| Name | The Bank of New York Mellon, etc. |
| Role | Appellee |
| Status | Active |
| Representations | Sheree Edwards, Adam Alexander Diaz, Larry T. Cortez, Greg Howard Rosenthal |
| Name | Clerk - Palm Beach |
| Role | Lower Tribunal Clerk |
| Status | Active |
| Name | Hon. Roger B. Colton |
| Role | Judge/Judicial Officer |
| Status | Active |
Docket Entries
| Docket Date | 2024-08-09 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| View | View File |
| Docket Date | 2024-08-09 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2024-07-18 |
| Type | Order |
| Subtype | Order on Motion For Attorney's Fees |
| Description | ORDERED that Appellee's April 26, 2024 motion for appellate attorney's fees is granted. On remand, the trial court shall set the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee. |
| View | View File |
| Docket Date | 2024-07-18 |
| Type | Disposition by Opinion |
| Subtype | Affirmed |
| Description | Affirmed |
| View | View File |
| Docket Date | 2024-04-26 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Answer Brief |
| On Behalf Of | The Bank of New York Mellon, etc. |
| View | View File |
| Docket Date | 2024-04-26 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees |
| Docket Date | 2024-03-28 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | 30 Days to April 29, 2024 |
| Docket Date | 2024-03-28 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Answer Brief |
| Description | Notice of Agreed Extension of Time - Answer Brief |
| On Behalf Of | The Bank of New York Mellon, etc. |
| Docket Date | 2024-03-18 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | 10 Days to March 28, 2024 |
| Docket Date | 2024-03-18 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Answer Brief |
| Description | Notice of Agreed Extension of Time - Answer Brief |
| On Behalf Of | The Bank of New York Mellon, etc. |
| Docket Date | 2024-02-02 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | 45 Days to March 18, 2024 |
| Docket Date | 2024-02-02 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Answer Brief |
| Description | Notice of Agreed Extension of Time - Answer Brief |
| On Behalf Of | The Bank of New York Mellon, etc. |
| Docket Date | 2024-01-03 |
| Type | Order |
| Subtype | Order |
| Description | ORDERED that the above-styled appeal shall proceed. Further, ORDERED that appellee shall file the answer brief within thirty (30) days from the date of this order. |
| View | View File |
| Docket Date | 2024-01-03 |
| Type | Notice |
| Subtype | Notice of Filing |
| Description | Notice of Filing - Bankruptcy Order and Motion to Set Briefing Deadlines |
| On Behalf Of | The Bank of New York Mellon, etc. |
| Docket Date | 2023-12-14 |
| Type | Misc. Events |
| Subtype | Status Report |
| Description | Status Report regarding Bankruptcy |
| On Behalf Of | Valerie T. Runcie |
| Docket Date | 2023-12-07 |
| Type | Order |
| Subtype | Show Cause re Compliance with Prior Order |
| Description | ORDERED that all parties 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 or other sanctions imposed for failure to comply with this court's November 20, 2023 and November 2, 2023 orders. |
| View | View File |
| Docket Date | 2023-11-20 |
| Type | Order |
| Subtype | Show Cause re Compliance with Prior Order |
| Description | ORDERED that appellants 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 or other sanctions imposed for failure to comply with this court's November 2, 2023 order. |
| View | View File |
| Docket Date | 2023-11-02 |
| Type | Order |
| Subtype | Order to File Status Report |
| Description | Order to File Status Report |
| View | View File |
| Docket Date | 2023-10-31 |
| Type | Notice |
| Subtype | Suggestion of Bankruptcy |
| Description | Suggestion of Bankruptcy |
| Docket Date | 2023-10-26 |
| Type | Misc. Events |
| Subtype | Affidavit |
| Description | Affidavit |
| On Behalf Of | Valerie T. Runcie |
| Docket Date | 2023-10-12 |
| Type | Order |
| Subtype | Show Cause re Bankruptcy |
| Description | Show Cause re Bankruptcy |
| View | View File |
| Docket Date | 2023-10-11 |
| Type | Notice |
| Subtype | Suggestion of Bankruptcy |
| Description | Suggestion of Bankruptcy |
| On Behalf Of | The Bank of New York Mellon, etc. |
| Docket Date | 2023-09-29 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief |
| On Behalf Of | Valerie T. Runcie |
| View | View File |
| Docket Date | 2023-09-20 |
| Type | Order |
| Subtype | Order to Show Cause |
| Description | Order to Show Cause for Lack of Prosecution - Initial Brief |
| View | View File |
| Docket Date | 2023-08-11 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records ~ 1,835 PAGES |
| On Behalf Of | Clerk - Palm Beach |
| Docket Date | 2023-08-02 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | The Bank of New York Mellon, etc. |
| Docket Date | 2023-07-05 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | A3:Paid In Full - $300 |
| Docket Date | 2023-07-05 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2023-07-05 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | Lloyd Runcie |
| Docket Date | 2023-07-05 |
| 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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of 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 lower tribunal 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 lower tribunal 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 lower tribunal clerk's determination of indigent status is filed. |
Date of last update: 02 Mar 2025
Sources: Florida Department of State
