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FORECLOSURE, INC. - Florida Company Profile

Company Details

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

Key Officers & Management

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

Events

Event Type Filed Date Value Description
ADMIN DISSOLUTION FOR ANNUAL REPORT 1993-08-13 - -

Court Cases

Title Case Number Docket Date Status
DONALD MORRIS and MARY MORRIS, Appellant(s) v. TOWER HILL PRIME INSURANCE COMPANY, Appellee(s). 4D2023-2228 2023-09-15 Closed
Classification NOA Final - Circuit Civil - Other
Court 4th District Court of Appeal
Originating Court Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19025161

Parties

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
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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.
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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
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Docket Date 2024-06-13
Type Disposition by Opinion
Subtype Affirmed
Description Affirmed
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Docket Date 2024-04-05
Type Order
Subtype Order on Motion/Request for Oral Argument
Description Order on Motion/Request for Oral Argument
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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
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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.
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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
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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
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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.
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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.
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PENLOPE COSTELLO, individually and as Public Administrator of the ESTATE OF MARY C. PATOUHAS, et al., Appellant(s) v. SOUTH PALM RESIDENCE, INC., Appellee(s). 4D2023-2073 2023-08-25 Closed
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
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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.
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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.
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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
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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
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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
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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.
GUILFORT DIEUVIL, et al., Appellant(s) v. WOODSTOCK PROPERTY OWNERS ASSOCIATION, INC., Appellee(s). 4D2023-2024 2023-08-22 Closed
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.
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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
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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.
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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
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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.
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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
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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.
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Docket Date 2024-06-26
Type Order
Subtype Show Cause for Brief or Record on Appeal
Description Order to Show Cause for Initial Brief
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
MARY A. TUCKER, Appellant(s) v. SRS FS, LLC, Appellee(s). 4D2023-2026 2023-08-22 Closed
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.
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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.
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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
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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
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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.
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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."
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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
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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.
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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
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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.
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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.
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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.
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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.
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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
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Docket Date 2024-10-02
Type Disposition by Opinion
Subtype Affirmed
Description Affirmed
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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
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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.").
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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.
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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.
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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.
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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.
GARY GRANT, Personal Representative of the ESTATE OF ANDREY PSHENICHNIKOV, Appellant(s) v. SERGEI RUMIANTCEV, et al., Appellee(s). 4D2023-1989 2023-08-17 Closed
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
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Docket Date 2023-10-10
Type Order
Subtype Order Vacating/Withdrawing Order
Description Order Vacating/Withdrawing Order
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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.
GRAHAM PETTICORD VS FOX TRAIL PROPERTY OWNER'S ASSOCIATION, INC. 4D2023-1959 2023-08-14 Closed
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.
Jessica Cardona, Appellant(s) v. WILMINGTON SAVINGS FUND SOCIETY, FSB, ETC., Appellee(s). 4D2023-1903 2023-08-09 Closed
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.
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Docket Date 2024-08-22
Type Brief
Subtype Reply Brief
Description Reply Brief
On Behalf Of Anthony Marshall
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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.
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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.
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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."
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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.
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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.
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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.
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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.
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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.
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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
ANTHONY MARSHALL, Appellant(s) v. WILMINGTON SAVINGS FUND SOCIETY, FSB, ETC., Appellee(s). 4D2023-1904 2023-08-09 Open
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
DISTRESSED INVESTMENTS, LLC et al., Appellant(s) v. US BANK TRUST, N.A. et al., Appellee(s). 4D2023-1900 2023-08-08 Closed
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.
DIANA RODRIGUEZ, Appellant(s) v. U.S. BANK, et al., Appellee(s). 4D2023-1881 2023-08-04 Closed
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.
U.S. BANK TRUST NATIONAL ASSOCIATION, Appellant(s) v. ADRIA SEELEY, et al., Appellee(s). 4D2023-1868 2023-08-02 Closed
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.
JUDITH SCHWARTZ and HOWARD SCHWARTZ, Appellant(s) v. SUNRISE LAKES CONDOMINIUM PHASE 4, INC. 3, Appellee(s). 4D2023-1795 2023-07-25 Closed
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.
CARLOS KOSLOFF, Appellant(s) v. CLEAR TO SELL, LLP, Appellee(s). 4D2023-1782 2023-07-25 Closed
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.
BRADFORD R. GEISEN and KRISTEN GEISEN VS FIRST HORIZON BANK, et al. 4D2023-1740 2023-07-19 Closed
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.
WING KEI HO and KAREN YEH-HO VS FOUNTAINS OF PALM BEACH CONDOMINIUM, INC. #3 4D2023-1736 2023-07-18 Closed
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.
STEVEN CARROLL A/K/A STEVEN J. CARROLL and MARY K. CARROLL A/K/A M. KATHERINE CARROLL, Appellant(s) v. THE BANK OF NEW YORK MELLON, ETC., Appellee(s). 4D2023-1728 2023-07-17 Open
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.
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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.
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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.
DANIEL DA SILVA and INDIRA DA SILVA, Appellant(s) v. HORIZON AT CELEBRATION POINTE HOMEOWNERS' ASSOC., INC., Appellee(s). 4D2023-1725 2023-07-17 Closed
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
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Docket Date 2024-06-20
Type Disposition by Opinion
Subtype Affirmed
Description Affirmed
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Docket Date 2024-04-17
Type Order
Subtype Order Dispensing with Oral Argument
Description Order Dispensing with Oral Argument
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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
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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.
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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.
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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
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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
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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.
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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.
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Docket Date 2023-11-29
Type Brief
Subtype Initial Brief
Description Initial Brief
On Behalf Of Daniel Da Silva
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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.
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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.
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Docket Date 2023-09-19
Type Response
Subtype Reply to Response
Description **STRICKEN** REPLY IN SUPPORT OF MOTION FOR REFERRAL TO MEDIATION
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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.
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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.
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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.").
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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
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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.
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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.
142 CWELT- 2007 LLC, Appellant(s) v. US BANK NATIONAL ASSOCIATION, et al., Appellee(s). 4D2023-1688 2023-07-11 Closed
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
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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
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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.
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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.
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Docket Date 2023-12-07
Type Brief
Subtype Initial Brief
Description Initial Brief
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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.
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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.
JACKIE STETSON, Appellant(s) v. U.S. BANK TRUST, et al., Appellee(s) 4D2023-1636 2023-07-05 Closed
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
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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
LLOYD RUNCIE and VALERIE T. RUNCIE, Appellant(s) v. THE BANK OF NEW YORK MELLON, etc., Appellee(s) 4D2023-1639 2023-07-05 Closed
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.
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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.
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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.
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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.
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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