|
NEHME GEORGE CHAKHTOURA AND CANDICE CHAKHTOURA VS HOMEWARD RESIDENTIAL, INC. AND OCWEN LOAN SERVICING, LLC
|
5D2023-2155
|
2023-06-27
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventh Judicial Circuit, St. Johns County
2017-CA-1125
|
Parties
| Name |
Candice Chakhtoura
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Nehme George Chakhtoura
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jeff Barnes
|
|
| Name |
HOMEWARD RESIDENTIAL, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Kimberly S. Mello, Brandon S. Leon
|
|
| Name |
OCWEN LOAN SERVICING, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Howard M. Maltz
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
St. Johns Cty. Circuit Court
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-06-27
|
| Type |
Order
|
| Subtype |
Mediation Letter to LT
|
| Description |
Mediation Letter to L.T.
|
|
| Docket Date |
2024-02-19
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD EFILED
|
|
| Docket Date |
2024-01-31
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2024-01-29
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ APPELLANT'S AMENDED MOTION TO DISMISS PER 1/29 ORDER
|
| On Behalf Of |
Nehme George Chakhtoura
|
|
| Docket Date |
2024-01-29
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ AA'S W/IN 5 DYS FILE AMENDED MOT DISMISS; MOT STRICKEN
|
|
| Docket Date |
2024-01-26
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ "MOTION TO DISMISS APPEAL IN VIEW OF FULL AND FINAL SETTLEMENT"; STRICKEN PER 1/29 ORDER
|
| On Behalf Of |
Nehme George Chakhtoura
|
|
| Docket Date |
2023-12-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ OR REQUEST TO ABATE; TREATED A MOTION TO ABATE AND GRANTED
|
| On Behalf Of |
Nehme George Chakhtoura
|
|
| Docket Date |
2023-11-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Order Grant EOT ~ RESPONSE ACKNOWLEDGED; CONCURRENT MOT EOT GRANTED; IB OR NOVD BY 12/17; OTSC DISCHARGED
|
|
| Docket Date |
2023-11-17
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ AA'S W/IN 10 DYS
|
|
| Docket Date |
2023-11-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PER 11/17 ORDER AND MOTION FOR EOT
|
| On Behalf Of |
Nehme George Chakhtoura
|
|
| Docket Date |
2023-10-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Grant EOT for Initial Brief ~ MOT GRANTED; SERVE IB OR FILE NOVD BY 11/15
|
|
| Docket Date |
2023-10-25
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ "MOTION FOR EXTENSION TO FILE MOTION TO DISMISS APPEAL ORTO FILE INITIAL BRIEF DUE TO PENDING SETTLEMENT"
|
| On Behalf Of |
Nehme George Chakhtoura
|
|
| Docket Date |
2023-09-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Grant EOT for Initial Brief ~ MOT GRANTED; IB BY 11/3
|
|
| Docket Date |
2023-09-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ AMENDED
|
| On Behalf Of |
Nehme George Chakhtoura
|
|
| Docket Date |
2023-08-29
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 1567 PAGES
|
| On Behalf Of |
St. Johns Cty. Circuit Court
|
|
| Docket Date |
2023-07-31
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Deny EOT for Initial Brief ~ DENIED AS PREMATURE
|
|
| Docket Date |
2023-07-28
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Nehme George Chakhtoura
|
|
| Docket Date |
2023-07-10
|
| Type |
Order
|
| Subtype |
Order Declining Referral to Mediation
|
| Description |
ORD- Declining Referral to Mediation
|
|
| Docket Date |
2023-07-07
|
| Type |
Mediation
|
| Subtype |
Confidential Statement
|
| Description |
Confidential Statement ~ AE Kimberly S. Mello 002968
|
| On Behalf Of |
Homeward Residential, Inc.
|
|
| Docket Date |
2023-07-05
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Homeward Residential, Inc.
|
|
| Docket Date |
2023-06-30
|
| Type |
Mediation
|
| Subtype |
Mediation Questionnaire
|
| Description |
Mediation Questionnaire ~ AA Jeff Barnes 0746479
|
| On Behalf Of |
Nehme George Chakhtoura
|
|
| Docket Date |
2023-06-29
|
| Type |
Mediation
|
| Subtype |
Confidential Statement
|
| Description |
Confidential Statement ~ AA Jeff Barnes 0746479
|
| On Behalf Of |
Nehme George Chakhtoura
|
|
| Docket Date |
2023-06-27
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
CASE FILING FEE PAID THROUGH PORTAL
|
|
| Docket Date |
2023-06-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2023-06-27
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW: 06/27/2023
|
| On Behalf Of |
Nehme George Chakhtoura
|
|
| Docket Date |
2024-02-19
|
| Type |
Mandate
|
| Subtype |
Notice Memorandum
|
| Description |
Notice Memorandum
|
|
| Docket Date |
2024-01-31
|
| Type |
Order
|
| Subtype |
Order on Motion/Notice Voluntary Dismissal (non-dispositive)
|
| Description |
Order Granting Voluntary Dismissal
|
|
| Docket Date |
2023-12-13
|
| Type |
Order
|
| Subtype |
Order on Motion To Abate
|
| Description |
ORD-Grant Motion to Abate ~ 12/7 MOTION TREATED AS MOTION TO HOLD APPEAL IN ABEYANCE AND GRANTED IN PART. APPEAL HELD IN ABEYANCE UNTIL 2/1; AA TO SERVE INITIAL BRF OR NOTICE OF VOLUNTARY DISMISSAL BY 2/1; ABSENT EXTENUATING CIRCUMSTANCES, ADDITIONAL EXTENSIONS OF TIME WILL BE DENIED.
|
|
|
|
HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE ETC. VS MONIQUE L. L'ITALIEN, et al.
|
4D2023-1396
|
2023-06-08
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2017CA003860
|
Parties
| Name |
HSBC Bank USA, National Association, as Trustee etc.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Patrick G. Broderick, Kimberly S. Mello
|
|
| Name |
OCWEN LOAN SERVICING, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Hon. Luis Delgado
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Monique L. L'Italien
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Jack Scarola, Allison J. Davis, Nelson Perez, David A. Coulson, William C. Stanford, Brendan Herbert, James A. Bonfiglio, Philip M. Burlington, Louis M. Silber
|
|
Docket Entries
| Docket Date |
2023-08-21
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
Monique L. L'Italien
|
|
| Docket Date |
2023-07-13
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2023-07-13
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Prohib. ~ ORDERED that the petition for writ of prohibition or certiorari is denied. “[L]ack of standing is insufficient to deprive a circuit court of subject matter jurisdiction so as to invoke the extraordinary writ of prohibition.” Godfrey v. Reliance Wholesale, Inc., 68 So. 3d 930, 931 (Fla. 3d DCA 2011). Petitioners fail to show any departure from the essential requirements of law in the trial court’s ruling that the litigation privilege does not apply to the fee-based counterclaims.WARNER, MAY and DAMOORGIAN, JJ., concur.
|
|
| Docket Date |
2023-06-21
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
Reply ~ TO RESPONDENT'S PRELIMINARY RESPONSE SOLELY ON JURISDICTION TO PETITION FOR PROHIBITION AND FOR WRIT OF CERTIORARI
|
| On Behalf Of |
HSBC Bank USA, National Association, as Trustee etc.
|
|
| Docket Date |
2023-06-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ SOLELY ON JURISDICTION TO PETITION FOR PROHIBITION AND FOR WRIT OF CERTIORARI
|
| On Behalf Of |
Monique L. L'Italien
|
|
| Docket Date |
2023-06-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-06-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Prohibition / Acknowledgment letter
|
|
| Docket Date |
2023-06-07
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition ~ *FILING FEE PAID ELECTRONICALLY
|
| On Behalf Of |
HSBC Bank USA, National Association, as Trustee etc.
|
|
| Docket Date |
2023-06-07
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ *FILING FEE PAID ELECTRONICALLY
|
|
| Docket Date |
2023-06-07
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
|
|
|
OCWEN LOAN SERVICING, LLC and DEUTSCHE BANK NATIONAL TRUST COMPANY, Appellant(s) v. MANANIFUS, LLC, CIT BANK, N.A., and HERBERT GRUNBERGER, Appellee(s).
|
4D2023-0824
|
2023-03-31
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562017CA001810
|
Parties
| Name |
OCWEN LOAN SERVICING, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Steven Joseph Brotman, Michael P. De Simone
|
|
| Name |
Deutsche Bank National Trust Company
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MANANIFUS LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jack Kirschenbaum, Cary Alan Lubetsky, Joshua Jay Shore
|
|
| Name |
Cit Bank, N.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Herbert Grunberger
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Robert E. Belanger
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - St. Lucie
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-10-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDERED that Appellee Mananifus, LLC's October 20, 2023 motion for extension of time is granted, and Appellee shall serve the answer brief on or before January 8, 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 |
2023-09-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellants’ September 1, 2023 motion for extension of time is granted in part, and appellants shall serve the initial brief within ten (10) 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 will be subject to dismissal or the court in its discretion may impose other sanctions. Appellants are advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
| Docket Date |
2023-03-31
|
| 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 |
2024-05-29
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
At the request of the parties, this case is dismissed.
|
| View |
View File
|
|
| Docket Date |
2024-05-28
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Joint Stipulation of Voluntary Dismissal
|
|
| Docket Date |
2024-05-28
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
ORDERED that Appellants are directed to file a status report, within ten (10) days from the date of this order, regarding the progress being made toward the settlement agreement.
|
| View |
View File
|
|
| Docket Date |
2024-04-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORDERED that the April 18, 2024 joint notice of pending settlement is treated as a motion to extend the stay and is granted. The above-styled appeal is stayed for thirty (30) days from the date of this order.
|
| View |
View File
|
|
| Docket Date |
2024-04-18
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Joint Notice of Pending Settlement
|
| On Behalf Of |
Ocwen Loan Servicing, LLC
|
|
| Docket Date |
2024-03-19
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
ORDERED that Appellants' March 18, 2024 motion for extension of time is treated as a motion to stay and is granted. The above-styled appeal is stayed to and including April 19, 2024.
|
| View |
View File
|
|
| Docket Date |
2024-03-18
|
| 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 |
2024-02-13
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
15 Days to 03/25/2024
|
|
| Docket Date |
2024-02-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension of Time - Reply Brief
|
| On Behalf Of |
Ocwen Loan Servicing, LLC
|
|
| Docket Date |
2024-02-08
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
Mananifus, LLC
|
| View |
View File
|
|
| Docket Date |
2023-12-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDERED that appellee Mananifus, LLC's December 26, 2023 motion for extension of time is granted, and appellee shall serve the answer brief on or before February 8, 2024. In addition, appellee is notified that the failure to serve the brief within the time provided herein will foreclose appellee's right to file a brief or otherwise participate in this appeal, or the court in its discretion may impose other sanctions. Appellee is advised that no further extensions will be granted absent a detailed explanation for why the answer brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
| View |
View File
|
|
| Docket Date |
2023-12-26
|
| 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 |
2023-12-22
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Mananifus, LLC
|
|
| Docket Date |
2023-10-20
|
| 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 |
2023-10-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDERED that Appellee Mananifus, LLC's October 3, 2023 motion for extension of time is granted, and Appellee shall serve the answer brief on or before November 8, 2023. In addition, Appellee is notified that the failure to serve the brief within the time provided herein may foreclose Appellee's right to file a brief or otherwise participate in this appeal.
|
| View |
View File
|
|
| Docket Date |
2023-10-03
|
| 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 |
2023-09-18
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Ocwen Loan Servicing, LLC
|
| View |
View File
|
|
| Docket Date |
2023-09-01
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Ocwen Loan Servicing, LLC
|
|
| Docket Date |
2023-08-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Ocwen Loan Servicing, LLC
|
|
| Docket Date |
2023-08-02
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 09/06/2023
|
|
| Docket Date |
2023-07-21
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
Ocwen Loan Servicing, LLC
|
|
| Docket Date |
2023-07-21
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that appellants' July 19, 2023 motion to supplement the record is granted, and the record is supplemented to include the February 17, 2023 hearing transcript. Said supplemental record is deemed filed as of the date of this order.
|
|
| Docket Date |
2023-07-19
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Mananifus, LLC
|
|
| Docket Date |
2023-06-05
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Ocwen Loan Servicing, LLC
|
|
| Docket Date |
2023-06-05
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 08/07/2023
|
|
| Docket Date |
2023-06-01
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Ocwen Loan Servicing, LLC
|
|
| Docket Date |
2023-06-01
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that Michael P. De Simone's May 30, 2023 notice of appearance is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2023-05-30
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ **STRICKEN**
|
| On Behalf Of |
Ocwen Loan Servicing, LLC
|
|
| Docket Date |
2023-05-18
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 2,020 PAGES
|
| On Behalf Of |
Clerk - St. Lucie
|
|
| Docket Date |
2023-03-31
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-03-31
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Ocwen Loan Servicing, LLC
|
|
| Docket Date |
2023-03-31
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Ocwen Loan Servicing, LLC
|
|
|
|
ALLISON VENTURA A/K/A ALLISON M. VENTURA VS OCWEN LOAN SERVICING, LLC, WASHINGTON MUTUAL BANK AND NORTHLAKE PARK AT LAKE NONA COMMUNITY ASSOCIATION INC.
|
5D2022-2835
|
2022-11-30
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Foreclosure
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County
2013-CA-000097-O
|
Parties
| Name |
Allison Ventura
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
OCWEN LOAN SERVICING, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Giuseppe Salvatore Cataudella, Mary Florence King, Tyler E. Mesmer, Charles L. Eldredge, Jr.
|
|
| Name |
NORTHLAKE PARK AT LAKE NONA COMMUNITY ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Washington Mutual Bank
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Paetra T. Brownlee
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Orange Cty Circuit Ct Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-07-01
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp. w/o Mandate
|
|
| Docket Date |
2023-01-01
|
| Type |
Disposition by Opinion
|
| Subtype |
Transferred
|
| Description |
Transferred - Order by Clerk ~ TRANSFER TO 6th DCA
|
|
| Docket Date |
2022-12-30
|
| Type |
Disposition by Order
|
| Subtype |
Transferred
|
| Description |
Ord-Transfer to Sixth DCA
|
|
| Docket Date |
2022-12-27
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Allison Ventura
|
|
| Docket Date |
2022-12-16
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief/Apdx ~ AA W/IN 10 DYS
|
|
| Docket Date |
2022-11-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WW4:Waived-57.081(1)
|
|
| Docket Date |
2022-11-30
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
OCWEN Loan Servicing, LLC
|
|
| Docket Date |
2022-11-30
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
|
|
Daniel A. Fernandez, et al., Appellant(s), v. Ocwen Loan Servicing, LLC, Appellee(s).
|
3D2022-1872
|
2022-11-01
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
14-31602
|
Parties
| Name |
Daniel A. Fernandez
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Nicole Rachael Moskowitz
|
|
| Name |
SILVIA FERNANDEZ, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
OCWEN LOAN SERVICING, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Michael Roy Esposito, Jonathan Ian Meisels, Nicole Rory Topper, James Henry Wyman, Peter Anthony Hernandez, Eduardo Jose Cruz
|
|
| Name |
Hon. Maria de Jesus Santovenia
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-05-20
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Appellant's Response to Appellee's Motion for Rehearing
|
| On Behalf Of |
Daniel A. Fernandez
|
|
| Docket Date |
2022-11-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 2 ~ CORRECTED TO REFLECT THAT THIS IS A NON-FINAL APPEAL
|
|
| Docket Date |
2024-06-19
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-05-30
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-05-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
Upon consideration, Appellee's Motion for Rehearing is hereby denied.
|
| View |
View File
|
|
| Docket Date |
2024-05-13
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Unopposed Motion for Extension of Time to File Response to Appellee's Motion for Rehearing
|
| On Behalf Of |
SILVIA FERNANDEZ
|
|
| Docket Date |
2024-05-02
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Appellee's Motion for Rehearing
|
| On Behalf Of |
OCWEN LOAN SERVICING, LLC
|
|
| Docket Date |
2024-05-02
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
OCWEN LOAN SERVICING, LLC
|
| View |
View File
|
|
| Docket Date |
2024-04-17
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed.
|
| View |
View File
|
|
| Docket Date |
2023-10-10
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief of Appellant's
|
| On Behalf Of |
Daniel A. Fernandez
|
| View |
View File
|
|
| Docket Date |
2023-09-22
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Order on Agreed Extension of Time- RB - 15 days to 10/09/2023.
|
| On Behalf Of |
Daniel A. Fernandez
|
| View |
View File
|
|
| Docket Date |
2023-09-22
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Unopposed Motion for Extension of Time to File Appellant's Reply Brief
|
| On Behalf Of |
Daniel A. Fernandez
|
| View |
View File
|
|
| Docket Date |
2023-09-13
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
OCWEN LOAN SERVICING, LLC
|
| View |
View File
|
|
| Docket Date |
2023-08-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Extension granted to file reply brief (OG05) ~ Appellants’ Unopposed Motion for an Extension of Time to File the Reply Brief is granted to and including September 24, 2023.
|
|
| Docket Date |
2023-08-10
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
Daniel A. Fernandez
|
|
| Docket Date |
2023-07-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ AB-2 days to 7/11/23
|
|
| Docket Date |
2023-07-11
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
OCWEN LOAN SERVICING, LLC
|
|
| Docket Date |
2023-07-11
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
OCWEN LOAN SERVICING, LLC
|
|
| Docket Date |
2023-07-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
OCWEN LOAN SERVICING, LLC
|
|
| Docket Date |
2023-06-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ AB-14 days to 07/07/2023
|
|
| Docket Date |
2023-06-23
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
OCWEN LOAN SERVICING, LLC
|
|
| Docket Date |
2023-06-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ AB-14 days to 06/23/2023
|
|
| Docket Date |
2023-06-09
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
OCWEN LOAN SERVICING, LLC
|
|
| Docket Date |
2023-05-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ AB-30 days to 06/09/2023
|
|
| Docket Date |
2023-05-10
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
OCWEN LOAN SERVICING, LLC
|
|
| Docket Date |
2023-04-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ AB-30 days to 05/10/2023
|
|
| Docket Date |
2023-04-10
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
OCWEN LOAN SERVICING, LLC
|
|
| Docket Date |
2023-03-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-30 days to 04/10/2023
|
|
| Docket Date |
2023-03-09
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
OCWEN LOAN SERVICING, LLC
|
|
| Docket Date |
2023-02-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ IB-01 days to 02/07/2023
|
|
| Docket Date |
2023-02-07
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice of Entry of Order ~ NOTICE OF CONFIDENTIAL INFORMATION WITHIN COURTFILING
|
| On Behalf Of |
Daniel A. Fernandez
|
|
| Docket Date |
2023-02-07
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Daniel A. Fernandez
|
|
| Docket Date |
2023-02-07
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Daniel A. Fernandez
|
|
| Docket Date |
2023-02-06
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Daniel A. Fernandez
|
|
| Docket Date |
2023-01-23
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE APPELLANTS' INITIAL BRIEF
|
| On Behalf Of |
Daniel A. Fernandez
|
|
| Docket Date |
2023-01-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ IB-14 days to 02/06/2023
|
|
| Docket Date |
2022-12-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ IB-30 days to 1/22/23
|
|
| Docket Date |
2022-12-23
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Daniel A. Fernandez
|
|
| Docket Date |
2022-12-08
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ NOTICE OF UNAVAILABILITY
|
| On Behalf Of |
OCWEN LOAN SERVICING, LLC
|
| View |
View File
|
|
| Docket Date |
2022-11-10
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
OCWEN LOAN SERVICING, LLC
|
|
| Docket Date |
2022-11-07
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Daniel A. Fernandez
|
|
| Docket Date |
2022-11-01
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-11-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
| Docket Date |
2022-11-01
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for Appellants that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court on or before November 11, 2022.
|
|
| Docket Date |
2022-11-01
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
OCWEN LOAN SERVICING, LLC
|
| View |
View File
|
|
| Docket Date |
2024-05-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Upon consideration, Appellant's Unopposed Motion for Extension of Time to File Response to Appellee's Motion for Rehearing is hereby granted to and including May 17, 2024. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
|
| View |
View File
|
|
| Docket Date |
2022-12-13
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
AA to file intitial brief w/in 10 days (OR21A) ~ Pursuant to the time schedule provided in the Florida Rules of Appellate Procedure, the time for filing the initial brief has expired. This cause will be subject to dismissal unless the document referred to is filed within ten (10) days from the date of this Order, or within said time the Court is otherwise notified that this matter is being diligently prosecuted.
|
|
|
|
DEVONSON A. WALKER VS OCWEN LOAN SERVICING, LLC, et al.
|
4D2022-2308
|
2022-08-22
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE18001706
|
Parties
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Devonson A. Walker
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Luz Juria Landono
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Shell Point Mortgage Servicing
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Jose F. Landono
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
New Penn Financial, LLC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
OCWEN LOAN SERVICING, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Andrea L. Pearl, Fran E. Zion, Richard Slaughter McIver, Indymac FSB
|
|
| Name |
Hon. Andrea Gundersen
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
9999-10-25
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ RETURNED MAIL FOR INDYMAC FSB. NOT DELIVERABLE AS ADDRESSED.
|
|
| Docket Date |
2022-09-20
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2022-09-20
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Granting Aplee's Motion to Dismiss ~ ORDERED that appellee's August 24, 2022 motion to dismiss is granted, and the above-styled appeal is dismissed for lack of jurisdiction. Pridgen v. First Union Bank, 879 So. 2d 21 (Fla. 2d DCA 2004).MAY, LEVINE and FORST, JJ., concur.
|
|
| Docket Date |
2022-08-24
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Ocwen Loan Servicing, LLC
|
|
| Docket Date |
2022-08-24
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
Ocwen Loan Servicing, LLC
|
|
| Docket Date |
2022-08-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-08-23
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigent Status
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-08-23
|
| 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.
|
|
| Docket Date |
2022-08-22
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
| Docket Date |
2022-08-22
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Devonson A. Walker
|
|
|
|
ALLISON VENTURA VS OCWEN LOAN SERVICING, LLC AND WASHINGTON MUTUAL BANK
|
5D2022-1585
|
2022-06-30
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County
2013-CA-000097-O
|
Parties
| Name |
Allison Ventura
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
OCWEN LOAN SERVICING, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Tyler E. Mesmer
|
|
| Name |
James M. Vernon, Esq.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Washington Mutual Bank
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Paetra T. Brownlee
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Orange Cty Circuit Ct Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-10-13
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Dismissing Appeal
|
|
| Docket Date |
2022-10-13
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2022-11-01
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD E-FILED
|
|
| Docket Date |
2022-11-08
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken (certificate of service) ~ MOT REINSTATE STRICKEN; AMENDED MOTION W/I 10 DAYS
|
|
| Docket Date |
2022-11-07
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
Allison Ventura
|
|
| Docket Date |
2022-11-01
|
| Type |
Mandate
|
| Subtype |
Notice Memorandum
|
| Description |
Notice Memorandum
|
|
| Docket Date |
2022-11-15
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement ~ AMENDED; STRICKEN PER 11/16 ORDER
|
| On Behalf Of |
Allison Ventura
|
|
| Docket Date |
2022-11-16
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken (certificate of service) ~ AMENDED MOT REINSTATE STRICKEN; AA W/IN 10 DYS FILE SECOND AMENDED MOT
|
|
| Docket Date |
2022-09-14
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Record-on-Appeal ~ AA W/IN 10 DYS
|
|
| Docket Date |
2022-08-23
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-File Response to Clerk's Notice ~ AA W/IN 10 DYS
|
|
| Docket Date |
2022-08-22
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ INABILITY TO COMPLETE ROA
|
| On Behalf Of |
Orange Cty Circuit Ct Clerk
|
|
| Docket Date |
2022-07-01
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
OCWEN Loan Servicing, LLC
|
|
| Docket Date |
2022-06-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2022-06-30
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 6/30/22
|
| On Behalf Of |
Allison Ventura
|
|
| Docket Date |
2022-06-30
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2022-06-30
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee - Civil appeal (300)
|
|
| Docket Date |
2022-09-16
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ AA W/IN 10 DYS
|
|
|
|
DEVONSON A. WALKER VS OCWEN LOAN SERVICING, LLC, ET AL.
|
SC2022-0720
|
2022-05-31
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
4D21-2948
Circuit Court for the Seventeenth Judicial Circuit, Broward County
062018CA001706AXXXCE
|
Parties
| Name |
Devonson A. Walker
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
OCWEN LOAN SERVICING, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Richard S. McIver
|
|
| Name |
INDYMAC Bank FSB
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Andrea Ruth Gundersen
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Brenda D. Forman
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-05-31
|
| Type |
Disposition
|
| Subtype |
Rev/Appeal Dism No Juris Omnibus
|
| Description |
DISP-REV/APPEAL DISM NO JURIS OMNIBUS ~ This case is hereby dismissed. This Court lacks jurisdiction to review an unelaborated decision from a district court of appeal that is issued without opinion or explanation or that merely cites to an authority that is not a case pending review in, or reversed or quashed by, this Court. See Wheeler v. State, 296 So. 3d 895 (Fla. 2020); Wells v. State, 132 So. 3d 1110 (Fla. 2014); Jackson v. State, 926 So. 2d 1262 (Fla. 2006); Gandy v. State, 846 So. 2d 1141 (Fla. 2003); Stallworth v. Moore, 827 So. 2d 974 (Fla. 2002); Harrison v. Hyster Co., 515 So. 2d 1279 (Fla. 1987); Dodi Publ'g Co. v. Editorial Am. S.A., 385 So. 2d 1369 (Fla. 1980); Jenkins v. State, 385 So. 2d 1356 (Fla. 1980). No motion for rehearing or reinstatement will be entertained by the Court.
|
| View |
View File
|
|
| Docket Date |
2022-05-31
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NI:No Fee - Insolvent
|
|
| Docket Date |
2022-05-31
|
| Type |
Event
|
| Subtype |
No Fee - Insolvent
|
| Description |
No Fee - Insolvent ~ Insolvent Below
|
|
| Docket Date |
2022-05-31
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT) ~ Filed as a "Notice of Appeal" & treated as a Notice to Invoke Discretionary Jurisdiction
|
| On Behalf Of |
Devonson A. Walker
|
| View |
View File
|
|
|
|
CHARLES E. BISHOP VS OCWEN LOAN SERVICING, LLC
|
SC2022-0622
|
2022-05-05
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
062017CA012681AXXXCE
Circuit Court for the Seventeenth Judicial Circuit, Broward County
4D21-69
|
Parties
| Name |
Charles E. Bishop
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Kenneth D. Cooper
|
|
| Name |
OCWEN LOAN SERVICING, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Mr. Nicholas S. Agnello
|
|
| Name |
Hon. William W Haury Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Brenda D. Forman
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-06-21
|
| Type |
Order
|
| Subtype |
Acceptance as Timely Filed Brief
|
| Description |
ORDER-ACCEPTANCE AS TIMELY FILED GR (BRIEF) ~ Ocwen's Unopposed Motion to Deem the Response to Petitioner's Brief on Jurisdiction as Timely Filed is granted and respondent's answer brief on jurisdiction was filed with this Court on June 21, 2022.
|
| View |
View File
|
|
| Docket Date |
2022-06-21
|
| Type |
Motion
|
| Subtype |
Acceptance as Timely Filed
|
| Description |
MOTION-ACCEPTANCE AS TIMELY FILED (BRIEF) ~ Ocwen's Unopposed Motion to Deem the Response to Petitioner's Brief on Jurisdiction as Timely Filed
|
| On Behalf Of |
Ocwen Loan Servicing, LLC
|
| View |
View File
|
|
| Docket Date |
2022-06-21
|
| Type |
Brief
|
| Subtype |
Juris Answer
|
| Description |
JURIS ANSWER BRIEF ~ Ocwen's Response to the Brief of Petitioner on Jurisdiction
|
| On Behalf Of |
Ocwen Loan Servicing, LLC
|
| View |
View File
|
|
| Docket Date |
2022-05-31
|
| Type |
Notice
|
| Subtype |
Filing
|
| Description |
NOTICE-FILING ~ Notice of Filing Certified Copy of 4th District Opinion Dated April 6, 2022 and Mandate Dated April 22, 2022
|
| On Behalf Of |
Charles E. Bishop
|
| View |
View File
|
|
| Docket Date |
2022-05-23
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
|
| Docket Date |
2022-05-23
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
PAY CASE FILING FEE-300
|
| On Behalf Of |
Charles E. Bishop
|
| View |
View File
|
|
| Docket Date |
2022-05-16
|
| Type |
Brief
|
| Subtype |
Juris Initial
|
| Description |
JURIS INITIAL BRIEF ~ Brief of Petitioner on Jurisdiction
|
| On Behalf Of |
Charles E. Bishop
|
| View |
View File
|
|
| Docket Date |
2022-05-09
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE
|
| View |
View File
|
|
| Docket Date |
2022-05-06
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT) ~ **Amended**
|
| On Behalf Of |
Charles E. Bishop
|
| View |
View File
|
|
| Docket Date |
2022-05-05
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-05-05
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
|
| On Behalf Of |
Charles E. Bishop
|
| View |
View File
|
|
| Docket Date |
2022-07-05
|
| Type |
Disposition
|
| Subtype |
Rev DY Lack Juris
|
| Description |
DISP-REV DY LACK JURIS ~ This cause having heretofore been submitted to the Court on jurisdictional briefs and portions of the record deemed necessary to reflect jurisdiction under Article V, Section 3(b), Florida Constitution, and the Court having determined that it should decline to accept jurisdiction, it is ordered that the petition for review is denied.No motion for rehearing will be entertained by the Court. See Fla. R. App. P. 9.330(d)(2).
|
| View |
View File
|
|
|
|
ROBERT T. POTCHEN VS U.S. BANK TRUST NATIONAL ASSOCIATION, AS TRUSTEE FOR RESIDENTIAL FUNDING MORTGAGE SECURITIES I, INC., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-S9, WACHOVIA BANK NATIONAL ASSOCIATION, ET AL.
|
5D2022-0682
|
2022-03-21
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Eighteenth Judicial Circuit, Seminole County
2009-CA-003089
|
Parties
| Name |
Robert T. Potchen
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
OCWEN LOAN SERVICING, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Alice Potchen
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Wachovia Bank National Association
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
U.S. Bank Trust National Association
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Gerald D. Davis, Neil A. Saydah, Brent D. Kimball, Justin Wong, Ralph W. Confreda, Adam P. Hartley, Aaron Hines, Leslie S. White, Shaib Y. Rios, Jessica Fagen
|
|
| Name |
Dunmar Estates Homeowners Association
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
REGIONS BANK
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GMAC MTG, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Christopher Sprysenski
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk Seminole
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-03-25
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
ORD-INSOLV
|
|
| Docket Date |
2022-03-25
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ PER 3/22/22 ORDER
|
| On Behalf Of |
Robert T. Potchen
|
|
| Docket Date |
2023-02-08
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD EFILED
|
|
| Docket Date |
2023-02-08
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-01-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
Order Deny Rehearing ~ MOT REHEAR AND FOR WRITTEN OPINION DENIED
|
|
| Docket Date |
2023-01-23
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ "OR IN ALTERNATIVE MOTION FOR WRITTEN OPINION"
|
| On Behalf Of |
Robert T. Potchen
|
|
| Docket Date |
2023-01-11
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney's Fees
|
|
| Docket Date |
2023-01-10
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed ~ PCA
|
|
| Docket Date |
2022-10-19
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF PANEL ASSIGNMENT
|
|
| Docket Date |
2022-10-17
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority ~ CERT OF SVC 10/14/22
|
| On Behalf Of |
Robert T. Potchen
|
|
| Docket Date |
2022-10-04
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
U.S. Bank Trust National Association
|
|
| Docket Date |
2022-09-27
|
| Type |
Brief
|
| Subtype |
Amended Reply Brief
|
| Description |
Amended Appellant's Reply Brief ~ CERT OF SVC 09/19/22
|
| On Behalf Of |
Robert T. Potchen
|
|
| Docket Date |
2022-09-14
|
| Type |
Order
|
| Subtype |
Order on Motion To Compel
|
| Description |
Order Deny Motion to Compel ~ AMENDED REPLY BRF BY 9/27
|
|
| Docket Date |
2022-09-08
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF SERVICE TO APPELLANT
|
| On Behalf Of |
U.S. Bank Trust National Association
|
|
| Docket Date |
2022-09-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PER 9/6 ORDER
|
| On Behalf Of |
U.S. Bank Trust National Association
|
|
| Docket Date |
2022-09-06
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ AE, U.S. BANK, W/IN 10 DYS FILE RESPONSE TO MOT TO COMPEL...
|
|
| Docket Date |
2022-09-02
|
| Type |
Motions Other
|
| Subtype |
Motion To Compel
|
| Description |
Motion To Compel ~ "U.S. BANK TO PRODUCE PLEADING TO AA"; AND MOTION FOR EOT TO FILE AMENDED RB; CERTIFICATE OF SERVICE 8/31/22
|
| On Behalf Of |
Robert T. Potchen
|
|
| Docket Date |
2022-08-23
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
ORD-Grant Motion to Strike ~ 8/17 MOTION FOR LEAVE... TREATED AS MOTION TO STRIKE AND GRANTED; 8/8 REPLY BRF IS STRICKEN; AMENDED REPLY BRF BY 9/7
|
|
| Docket Date |
2022-08-17
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ FOR LEAVE TO FILE SURREPLY, OR IN THE ALTERNATIVE, MOTION TO STRIKE PORTIONS OF REPLY BRIEF; TREATED AS MOTION TO STRIKE REPLY BRF AND GRANTED
|
| On Behalf Of |
U.S. Bank Trust National Association
|
|
| Docket Date |
2022-08-08
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Robert T. Potchen
|
|
| Docket Date |
2022-07-15
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ FOR AE, US BANK; FOR MERIT PANEL CONSIDERATION
|
| On Behalf Of |
U.S. Bank Trust National Association
|
|
| Docket Date |
2022-07-11
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
U.S. Bank Trust National Association
|
|
| Docket Date |
2022-05-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Grant EOT for Answer Brief ~ ANSWER BRF BY 7/11; ABSENT EXTENUATING CIRCUMSTANCES, ADDITIONAL EXTENSIONS OF TIME WILL BE DENIED. MOTION TO STRIKE IS DENIED
|
|
| Docket Date |
2022-05-20
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO MOT STRIKE
|
| On Behalf Of |
U.S. Bank Trust National Association
|
|
| Docket Date |
2022-05-20
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
U.S. Bank Trust National Association
|
|
| Docket Date |
2022-05-19
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ "MOTION TO STRIKE U.S. BANK'S REQUEST FOR AN ENLARGEMENT OF TIME"; CERT OF SVC 05/12/22; DENIED PER 5/24 ORDER
|
| On Behalf Of |
Robert T. Potchen
|
|
| Docket Date |
2022-05-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extensio of time to file Answer Brief
|
| On Behalf Of |
U.S. Bank Trust National Association
|
|
| Docket Date |
2022-05-11
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD - Appeal to Proceed ~ PARTIES ADVISED APPEAL SHALL PROCEED; BK STAY LIFTED
|
|
| Docket Date |
2022-05-10
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PER 04/28 ORDER; NOTICE OF BANKRUPTCY
|
| On Behalf Of |
Robert T. Potchen
|
|
| Docket Date |
2022-05-09
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ BANKRUPTCY ORDER
|
| On Behalf Of |
U.S. Bank Trust National Association
|
|
| Docket Date |
2022-04-28
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ AA W/IN 10 DYS RE: SUGGESTION OF BANKRUPTCY
|
|
| Docket Date |
2022-04-27
|
| Type |
Notice
|
| Subtype |
Suggestion of Bankruptcy
|
| Description |
Suggestion of Bankruptcy
|
| On Behalf Of |
U.S. Bank Trust National Association
|
|
| Docket Date |
2022-04-25
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ CERT OF SVC 04/22/2022
|
| On Behalf Of |
Robert T. Potchen
|
|
| Docket Date |
2022-04-05
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 4219 PAGES
|
| On Behalf Of |
Clerk Seminole
|
|
| Docket Date |
2022-03-24
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ "EMERGENCY MOTION TO STAY FORECLOSURE SALE PENDING APPEAL"
|
| On Behalf Of |
Robert T. Potchen
|
|
| Docket Date |
2022-03-24
|
| Type |
Order
|
| Subtype |
Order on Motion For Review
|
| Description |
ORD-Grant Motion for Review ~ 3/24 MOTION TO STAY TREATED AS A MOTION FOR REVIEW AND GRANTED; THE LOWER TRIBUNAL'S ORDER IS AFFIRMED
|
|
| Docket Date |
2022-03-22
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
ORD-AA to File Amended NOA ~ AA W/IN 10 DYS
|
|
| Docket Date |
2022-03-21
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee - Civil appeal (300)
|
|
| Docket Date |
2022-03-21
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 3/18/22
|
| On Behalf Of |
Robert T. Potchen
|
|
| Docket Date |
2022-03-21
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2022-03-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
DEVENSON A. WALKER VS OCWEN LOAN SERVICING, LLC, et al.
|
4D2021-2948
|
2021-10-14
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE18-001706
|
Parties
| Name |
Devenson Walker
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
OCWEN LOAN SERVICING, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Richard Slaughter McIver, Fran E. Zion
|
|
| Name |
INDYMAC BANK, FSB
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Luz Luis Londono
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Jose F. Landono
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
New Penn Financial, LLC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Shell Point Mortgage Servicing
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Andrea Powell
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Andrea Gundersen
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
FLORIDA SUPREME COURT CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
9999-12-01
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous (DNU) ~ **Returned mail for Luz Londono**
|
|
| Docket Date |
2022-06-10
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-06-01
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Miscellaneous
|
| Description |
Supreme Court Disposition ~ SC22-720
|
|
| Docket Date |
2022-05-31
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice sent to the Supreme Court
|
|
| Docket Date |
2022-05-31
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Devenson Walker
|
|
| Docket Date |
2022-05-31
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice of Discretionary Jurisdiction to Supreme Court
|
| On Behalf Of |
Devenson Walker
|
|
| Docket Date |
2022-05-23
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-05-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that appellant's May 18, 2022 motion for rehearing is denied.
|
|
| Docket Date |
2022-05-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO MOTION FOR REHEARING
|
| On Behalf Of |
Ocwen Loan Servicing, LLC
|
|
| Docket Date |
2022-05-18
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
Devenson Walker
|
|
| Docket Date |
2022-05-05
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2022-04-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ Ordered that appellant’s March 31, 2022 motion for extension of time to comply with this court’s March 22, 2022 order is granted, provided that, within five (5) days from the date of this order, appellant shall advise this court whether such transcript is available. Further, in the event such transcript is available, then appellant shall supplement the appendix with the September 14, 2021 hearing transcript within twenty (20) days from the date of this order. In the event no such transcript is available or is not filed within the time period required by this order, the disposition of this appeal shall proceed.
|
|
| Docket Date |
2022-03-31
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO FILE HEARING TRANSCRIPT
|
| On Behalf Of |
Devenson Walker
|
|
| Docket Date |
2022-03-22
|
| Type |
Order
|
| Subtype |
Order to File (Supplemental) Appendix
|
| Description |
Order Requiring Supplemental Appendix ~ ORDERED that within ten (10) days of service of this order, appellant shall file a supplemental appendix containing the September 14, 2021 hearing transcript. Failure to provide an adequate record may result in affirmance of the order on appeal. Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla. 1979).
|
|
| Docket Date |
2022-02-04
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Ocwen Loan Servicing, LLC
|
|
| Docket Date |
2022-02-04
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Ocwen Loan Servicing, LLC
|
|
| Docket Date |
2022-01-25
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Denying Aplee's Motion to Dismiss ~ ORDERED that appellees’ January 12, 2022 motion to dismiss is denied because appellant filed the appendix to the initial brief on January 13, 2022. Further, ORDERED that appellant’s appendix to the initial brief is deemed timely filed and this Court’s December 28, 2021 order to show cause is discharged. Appellees shall file the answer brief within ten (10) days from the date of this order.
|
|
| Docket Date |
2022-01-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Devenson Walker
|
|
| Docket Date |
2022-01-13
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Devenson Walker
|
|
| Docket Date |
2022-01-12
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
Ocwen Loan Servicing, LLC
|
|
| Docket Date |
2022-01-11
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Devenson Walker
|
|
| Docket Date |
2021-12-28
|
| Type |
Order
|
| Subtype |
Order to File (Supplemental) Appendix
|
| Description |
ORD-Requiring appendix to brief per 9.130(e) ~ Upon receipt of the appellant's initial brief filed on December 13, 2021, it is ORDERED that the appellant shall serve an appendix to the initial brief 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. In addition, if the appendix to the initial brief is not filed within the time provided for in this order, the above-styled case WILL BE DISMISSED or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2021-12-13
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ *Duplicate* (This brief contains page numbers)
|
| On Behalf Of |
Devenson Walker
|
|
| Docket Date |
2021-11-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant’s November 17, 2021 motion for extension of time is granted, and appellant shall serve the initial brief on or before December 13, 2021. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2021-11-17
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO MOTION FOR EXTENSION OF TIME
|
| On Behalf Of |
Devenson Walker
|
|
| Docket Date |
2021-11-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Devenson Walker
|
|
| Docket Date |
2021-11-02
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Ocwen Loan Servicing, LLC
|
|
| Docket Date |
2021-11-02
|
| Type |
Order
|
| Subtype |
Order Reclassifying Case
|
| Description |
ORD-Final Appeal Treated as Non-Final ~ ORDERED sua sponte that the court determines that this appeal seeks review of a non-final order, rather than a final order. Fla. R. App. P. 9.130(a)(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 |
2021-10-29
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed
|
| On Behalf Of |
Devenson Walker
|
|
| Docket Date |
2021-10-15
|
| 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 |
2021-10-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-10-14
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigent Status
|
|
| Docket Date |
2021-10-14
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Devenson Walker
|
|
|
|
IVETTE FULLY and EDWARDS FULLY VS OCWEN LOAN SERVICING, LLC, et al.
|
4D2021-1649
|
2021-05-19
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE18-017164
|
Parties
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Ivette Fully
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Wayne Scott Kramer
|
|
| Name |
Edwards Fully
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
OCWEN LOAN SERVICING, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Amanda Griffin Driscole, Adam Alexander Diaz, Kathleen Achille, Roy Diaz, Maxine Meltzer, Jessica J. Fagen
|
|
| Name |
U.S. BANK NATIONAL ASSOCIATION
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Andrea Gundersen
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-07-21
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 841 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-09-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Ivette Fully
|
|
| Docket Date |
2022-03-18
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-03-18
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-02-24
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2022-02-24
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that appellee U.S. Bank National Association’s December 7, 2021 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.
|
|
| Docket Date |
2021-12-07
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Ocwen Loan Servicing, LLC
|
|
| Docket Date |
2021-12-07
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Ocwen Loan Servicing, LLC
|
|
| Docket Date |
2021-11-22
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 12/19/2021
|
|
| Docket Date |
2021-11-22
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Ocwen Loan Servicing, LLC
|
|
| Docket Date |
2021-10-20
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Ivette Fully
|
|
| Docket Date |
2021-10-14
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ 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 this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2021-09-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
Ivette Fully
|
|
| Docket Date |
2021-09-02
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-Discharging Show Cause ~ ORDERED that, upon consideration of appellants’ response filed September 2, 2021, this court’s August 23, 2021 order to show cause is discharged.
|
|
| Docket Date |
2021-08-23
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED**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 this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2021-07-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Ivette Fully
|
|
| Docket Date |
2021-07-19
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-07-08
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellant to File Response ~ ORDERED that appellants are directed to respond, within five (5) days from the date of this order, to this court’s June 21, 2021 order.
|
|
| Docket Date |
2021-06-21
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Affidavit of Non-Payment of Appeal Invoice filed by the clerk of the lower tribunal on June 11, 2021, appellants are ordered to file a report, within ten (10) days from the date of this order, as to the status of the payment for the record on appeal.
|
|
| Docket Date |
2021-06-11
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-05-24
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Ocwen Loan Servicing, LLC
|
|
| Docket Date |
2021-05-19
|
| 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, 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 |
2021-05-19
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
| On Behalf Of |
Ivette Fully
|
|
| Docket Date |
2021-05-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-05-19
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Ivette Fully
|
|
|
|
ELIEZER TAVERAS, et al., VS U.S. BANK NATIONAL ASSOCIATION, etc.,
|
3D2021-1016
|
2021-04-27
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
17-20857
|
Parties
| Name |
ELIEZER TAVERAS, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
NATHAN TAVERAS
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
U.S. Bank, N.A.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ERIC L. BRONFELD, Patricia Gladson, EZEQUIEL J. ROMERO
|
|
| Name |
OCWEN LOAN SERVICING, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Carlos Lopez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-05-17
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2021-05-17
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-05-07
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
U.S. Bank, N.A.
|
|
| Docket Date |
2021-04-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for a petition is due.
|
|
| Docket Date |
2021-04-27
|
| Type |
Disposition by Opinion
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2021-04-27
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Emergency Motion To Stay ~ EMERGENCY MOTION TO STAY WRIT OF POSSESSION OR TO STRIKE ORDER FOR WRIT OF POSSESSION PENDING WRIT OF PROHIBITION
|
| On Behalf Of |
ELIEZER TAVERAS
|
|
| Docket Date |
2021-04-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO PETITION
|
| On Behalf Of |
ELIEZER TAVERAS
|
|
| Docket Date |
2021-04-27
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Docket Entry ~ ORDER TRANSFERRING PETITION FROM SUPREME COURT
|
|
| Docket Date |
2021-04-27
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition ~ PETITION FOR WRIT OF PROHIBITION/MANDAMUS AND EMERGENCY ORDER TO STAY PROCEEDING
|
| On Behalf Of |
ELIEZER TAVERAS
|
|
| Docket Date |
2021-04-27
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Prohibition Denied (No Response) (DA32B) ~ Upon consideration, pro se Petitioners’ Emergency Motion to Stay Writ of Possession or to Strike Order for Writ of Possession Pending Writ of Prohibition is hereby denied. Following review of the pro se “Petition for Writ of Prohibition/Mandamus and Emergency Order to Stay Proceeding,” it is ordered that said Petition is hereby denied.
|
|
|
|
OCWEN LOAN SERVICING, LLC VS CHARLES E. BISHOP
|
4D2021-0069
|
2021-01-07
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE17012681
|
Parties
| Name |
OCWEN LOAN SERVICING, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Nicholas Steven Agnello
|
|
| Name |
Charles E. Bishop
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jason Bowyer, Kenneth Donald Cooper
|
|
| Name |
Hon. William W. Haury, Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
FLORIDA SUPREME COURT CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-07-06
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Miscellaneous
|
| Description |
Supreme Court Disposition ~ SC22-622
|
|
| Docket Date |
2022-05-09
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Ack. Receipt from Supreme Court ~ SC22-622
|
|
| Docket Date |
2022-05-05
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice sent to the Supreme Court
|
|
| Docket Date |
2022-05-05
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice of Discretionary Jurisdiction to Supreme Court
|
|
| Docket Date |
2022-04-22
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-04-22
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-04-06
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion
|
|
| Docket Date |
2022-04-06
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that appellee’s May 27, 2021 “re-filed motion for appellate attorney's fees” is denied.
|
|
| Docket Date |
2022-03-18
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
Order Denying Amended Brief ~ ORDERED that appellee's March 17, 2022 motion to supplement the brief is denied, and the proposed supplement to the answer brief is stricken from the docket.
|
|
| Docket Date |
2022-03-17
|
| Type |
Brief
|
| Subtype |
Supplemental Answer Brief
|
| Description |
Supplemental Appellee's Answer Brief ~ **STRICKEN** **PROPOSED** SUPPPLEMENT TO ANSWER BRIEF.
|
| On Behalf Of |
Charles E. Bishop
|
|
| Docket Date |
2022-03-17
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion To File Supplemental Brief
|
| Description |
Motion To File Supplemental Brief ~ MOTION TO SUPPLEMENT THE ANSWER BRIEF
|
| On Behalf Of |
Charles E. Bishop
|
|
| Docket Date |
2021-12-28
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF TYPOGRAPHICAL ERROR
|
| On Behalf Of |
Charles E. Bishop
|
|
| Docket Date |
2021-06-17
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Ocwen Loan Servicing, LLC
|
|
| Docket Date |
2021-06-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
Ocwen Loan Servicing, LLC
|
|
| Docket Date |
2021-06-07
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 10 DAYS TO 6/18/21.
|
|
| Docket Date |
2021-05-27
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ AMENDED (REFILED)
|
| On Behalf Of |
Charles E. Bishop
|
|
| Docket Date |
2021-05-14
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
Ord-To Amend/Correct Brief ~ ORDERED that appellee's May 14, 2021 motion to amend brief is granted, and the proposed amended answer brief is deemed filed.
|
|
| Docket Date |
2021-05-14
|
| Type |
Brief
|
| Subtype |
Amended Answer Brief
|
| Description |
Amended Appellee's Answer Brief
|
| On Behalf Of |
Charles E. Bishop
|
|
| Docket Date |
2021-05-14
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief
|
| On Behalf Of |
Charles E. Bishop
|
|
| Docket Date |
2021-05-10
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **A REFILED MOTION HAS BEEN FILED**
|
| On Behalf Of |
Charles E. Bishop
|
|
| Docket Date |
2021-05-10
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ **AMENDED BRIEF FILED**
|
| On Behalf Of |
Charles E. Bishop
|
|
| Docket Date |
2021-04-16
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Ocwen Loan Servicing, LLC
|
|
| Docket Date |
2021-04-16
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Ocwen Loan Servicing, LLC
|
|
| Docket Date |
2021-03-17
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (7333 PAGES)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-03-17
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
Ocwen Loan Servicing, LLC
|
|
| Docket Date |
2021-03-17
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 4/16/21.
|
|
| Docket Date |
2021-02-08
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Charles E. Bishop
|
|
| Docket Date |
2021-01-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-01-08
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Ocwen Loan Servicing, LLC
|
|
| Docket Date |
2021-01-08
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2021-01-07
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Ocwen Loan Servicing, LLC
|
|
| Docket Date |
2021-01-07
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
OCWEN LOAN SERVICING, LLC, et al., VS 21 ASSET MANAGEMENT HOLDING, LLC,
|
3D2020-0983
|
2020-07-10
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
20-9042
|
Parties
| Name |
PHH MORTGAGE CORPORATION
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
OCWEN FINANCIAL CORPORATION
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
OCWEN LOAN SERVICING, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
RYAN COEL WOOTEN, DIANA MARIE FASSBENDER
|
|
| Name |
21 - ASSET MANAGEMENT HOLDING, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Matias R. Dorta, Gonzalo R. Dorta
|
|
| Name |
Hon. Reemberto Diaz
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-10-29
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-10-29
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-10-07
|
| Type |
Disposition by Opinion
|
| Subtype |
Granted
|
| Description |
Granted - Authored Opinion ~ Petition granted, order quashed, and cause remanded.
|
|
| Docket Date |
2020-10-01
|
| Type |
Order
|
| Subtype |
Order on Motion For Substitution of Counsel
|
| Description |
Substitution of Counsel Recognized (OR44D) ~ The Substitution of Counsel filed September 29, 2020, is recognized by the Court.
|
|
| Docket Date |
2020-10-01
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
OCWEN LOAN SERVICING, LLC
|
|
| Docket Date |
2020-09-29
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion For Substitution of Counsel
|
| Description |
Motion For Substitution of Counsel ~ SUBSTITUTION OF COUNSEL FOR PETITIONERS WITHIN ORRICK, HERRINGTON & SUTCLIFFE LLP
|
| On Behalf Of |
OCWEN LOAN SERVICING, LLC
|
|
| Docket Date |
2020-09-03
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
Pro hac vice motion granted (OG45) ~ Upon consideration, Ryan Coel Wooten, Esquire's Verified Motion to Appear Pro Hac Vice on behalf of Petitioners is hereby granted as stated in the Motion. Ryan Coel Wooten, Esquire, shall pay the required one hundred ($100.00) dollar fee within ten (10) days from the date of this Order.
|
|
| Docket Date |
2020-09-03
|
| Type |
Misc. Events
|
| Subtype |
Pro Hac Vice Fee Paid through Portal
|
| Description |
PRO HAC VICE FEE PAID THROUGH PORTAL
|
|
| Docket Date |
2020-08-31
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
MO36A Motion to Appear Pro Hac Vice ~ VERIFIED MOTION FOR ADMISSION TO APPEAR PRO HAC VICEPURSUANT TO FLORIDA RULE OF JUDICIAL ADMINISTRATION2.510
|
| On Behalf Of |
OCWEN LOAN SERVICING, LLC
|
|
| Docket Date |
2020-08-24
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ SUPPLEMENTAL APPENDIX TO PETITIONER'S PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
OCWEN LOAN SERVICING, LLC
|
|
| Docket Date |
2020-08-24
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ REPLY IN SUPPORT OF PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
OCWEN LOAN SERVICING, LLC
|
|
| Docket Date |
2020-08-24
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
OCWEN LOAN SERVICING, LLC
|
|
| Docket Date |
2020-08-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
21 ASSET MANAGEMENT HOLDING, LLC
|
|
| Docket Date |
2020-08-03
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ RESPONDENTS' APPENDIX TO RESPONSE TOPETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
21 ASSET MANAGEMENT HOLDING, LLC
|
|
| Docket Date |
2020-08-03
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
21 ASSET MANAGEMENT HOLDING, LLC
|
|
| Docket Date |
2020-07-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Extension granted to respond to petition (OG01) ~ Respondent’s Motion for Extension of Time to File a Response to the Petition for Writ of Certiorari is granted to and including August 5, 2020.
|
|
| Docket Date |
2020-07-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PETITIONERS' RESPONSE TO RESPONDENT'S MOTION FOREXTENSION OF TIME
|
| On Behalf Of |
OCWEN LOAN SERVICING, LLC
|
|
| Docket Date |
2020-07-15
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ MOTION FOR EXTENSION OF TIMETO FILE RESPONSE TO PETITION FOR WRIT OF CERTIORARI
|
| On Behalf Of |
21 ASSET MANAGEMENT HOLDING, LLC
|
|
| Docket Date |
2020-07-13
|
| Type |
Order
|
| Subtype |
Order to Respond to Petition
|
| Description |
Order Resp. on all Petitions except Prohibi(OR12L) ~ Respondent is ordered to file a response by noon on Friday, July 17, 2020, to the Petition for Writ of Certiorari.
|
|
| Docket Date |
2020-07-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments.
|
|
| Docket Date |
2020-07-10
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed
|
| On Behalf Of |
OCWEN LOAN SERVICING, LLC
|
|
| Docket Date |
2020-07-10
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-07-10
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
OCWEN LOAN SERVICING, LLC
|
|
|
|
SARAH BLYTH VS OCWEN LOAN SERVICING, LLC
|
4D2020-0537
|
2020-02-25
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE14006149
|
Parties
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Sarah Blyth
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
F. Scott Fistel
|
|
| Name |
OCWEN LOAN SERVICING, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
David Adam Friedman, Adam Grant Schwartz
|
|
| Name |
Hon. Andrea Gundersen
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Dennis D. Bailey
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
9999-09-13
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous (DNU) ~ **NO GJ**
|
|
| Docket Date |
2021-10-01
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-09-14
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-09-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing En Banc
|
| Description |
Order Denying Rehearing En Banc ~ ORDERED that appellee's August 19, 2021 motion for rehearing en banc is denied.
|
|
| Docket Date |
2021-09-10
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Sarah Blyth
|
|
| Docket Date |
2021-08-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLEE'S MOTION FOR REHEARING EN BANC
|
| On Behalf Of |
Sarah Blyth
|
|
| Docket Date |
2021-08-19
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing En Banc
|
| Description |
Motion For Rehearing EN BANC
|
| On Behalf Of |
OCWEN LOAN SERVICING, LLC
|
|
| Docket Date |
2021-08-18
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that appellants’ April 27, 2021 motion for 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.
|
|
| Docket Date |
2021-08-18
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Per Curiam Opinion
|
|
| Docket Date |
2021-07-09
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Sarah Blyth
|
|
| Docket Date |
2021-07-07
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Sarah Blyth
|
|
| Docket Date |
2021-07-01
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
OCWEN LOAN SERVICING, LLC
|
|
| Docket Date |
2021-06-25
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
OCWEN LOAN SERVICING, LLC
|
|
| Docket Date |
2021-05-28
|
| Type |
Brief
|
| Subtype |
Amended Reply Brief
|
| Description |
Amended Appellant's Reply Brief
|
| On Behalf Of |
Sarah Blyth
|
|
| Docket Date |
2021-05-17
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Grant Motion to Strike ~ Upon consideration of appellee’s May 14, 2021 objection, it is ORDERED that appellant’s motion to supplement within its May 13, 2021 response is denied. Further, ORDERED that appellee’s May 3, 2021 motion to strike is granted, and appellant’s reply brief is stricken. Appellant shall file an amended reply brief within fifteen (15) days from the date of this order.
|
|
| Docket Date |
2021-05-14
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
Objection ~ TO APPELLANT'S MOTION FOR LEAVE TO SUPPLEMENT THE RECORD
|
| On Behalf Of |
OCWEN LOAN SERVICING, LLC
|
|
| Docket Date |
2021-05-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLEE'S MOTION TO STRIKE AND CROSS-MOTION FOR LEAVE TO SUPPLEMENT THE RECORD
|
| On Behalf Of |
Sarah Blyth
|
|
| Docket Date |
2021-05-03
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
OCWEN LOAN SERVICING, LLC
|
|
| Docket Date |
2021-05-03
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Sarah Blyth
|
|
| Docket Date |
2021-04-27
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Sarah Blyth
|
|
| Docket Date |
2021-04-07
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
OCWEN LOAN SERVICING, LLC
|
|
| Docket Date |
2021-03-24
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Sarah Blyth
|
|
| Docket Date |
2021-03-24
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Sarah Blyth
|
|
| Docket Date |
2021-02-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant’s February 15, 2021 motion for extension of time is granted, and appellant shall serve the initial brief on or before March 24, 2021. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2021-02-15
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Sarah Blyth
|
|
| Docket Date |
2021-02-01
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Upon consideration of appellant’s January 25, 2021 status report, it is ORDERED that this court retains jurisdiction of the above-styled appeal. Further, ORDERED that appellant shall file the initial brief within twenty (20) days from the date of this order, and appellee shall file the answer brief within thirty (30) days from the filing of the initial brief.
|
|
| Docket Date |
2021-01-25
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Sarah Blyth
|
|
| Docket Date |
2021-01-19
|
| Type |
Order
|
| Subtype |
Order re Stay
|
| Description |
ORD-Case Stayed ~ Upon consideration of appellee's January 8, 2021 response and appellant's January 6, 2021 status report, it is ORDERED that the stay of this appeal is continued for thirty (30) days from the date of this order; further, ORDERED that appellant shall notify the court if a motion for rehearing is filed as a result of the opinion entered December 31, 2020 in Page v. Deutsche Bank Trust Company Americas, etc., et al, case no. SC19-1137.
|
|
| Docket Date |
2021-01-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
OCWEN LOAN SERVICING, LLC
|
|
| Docket Date |
2021-01-07
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellee is directed to respond, within fifteen (15) days from the date of this order, to appellant’s January 6, 2021 status report.
|
|
| Docket Date |
2021-01-06
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Sarah Blyth
|
|
| Docket Date |
2020-09-29
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Grant Stay ~ Upon consideration of appellee’s September 23, 2020 response, it is ORDERED that appellant’s August 24, 2020 “motion for indefinite stay and/or for extension of time to file appellant's initial brief” is granted, and the above-styled appeal is stayed pending the decision of the Supreme Court of Florida in Page v. Deutsche Bank Trust Company Americas, etc., et al, case no. SC19-1137. Further, ORDERED that appellant shall notify the court of the Supreme Court of Florida’s decision in Page.
|
|
| Docket Date |
2020-09-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
OCWEN LOAN SERVICING, LLC
|
|
| Docket Date |
2020-09-15
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ ORDERED that appellee is directed to respond, within ten (10) days from the date of this order, to appellant’s August 24, 2020 “motion for indefinite stay and/or for extension of time to file appellant’s initial brief.”
|
|
| Docket Date |
2020-08-24
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay
|
| On Behalf Of |
Sarah Blyth
|
|
| Docket Date |
2020-07-09
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Grant Stay ~ ORDERED that appellant’s July 8, 2020 motion for extension of time to file the initial brief is treated as a motion to stay and is granted. The above-styled appeal is stayed until August 24, 2020 so that the parties may finalize their settlement negotiations. If a notice of voluntary dismissal has not been filed by the deadline provided in this order, appellant shall serve the initial brief on that date.
|
|
| Docket Date |
2020-07-08
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Sarah Blyth
|
|
| Docket Date |
2020-06-09
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Grant Stay ~ ORDERED that, upon consideration of appellant’s response filed June 8, 2020, this court’s May 28, 2020 order to show cause is discharged. Further, ORDERED that appellant’s June 8, 2020 request for extension of time to file the initial brief found within the response is treated as a motion to stay and is granted in part. The above-styled appeal is stayed for thirty (30) days from the date of this order so that the parties may finalize their settlement negotiations. If a notice of voluntary dismissal has not been filed by the deadline provided in this order, appellant shall serve the initial brief on that date.
|
|
| Docket Date |
2020-06-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
Sarah Blyth
|
|
| Docket Date |
2020-05-28
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED**ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellant's initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2020-04-28
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 493 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2020-04-23
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2020-04-01
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Sarah Blyth
|
|
| Docket Date |
2020-03-26
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Affidavit of Non-Payment of Appeal Invoice filed by the clerk of the lower tribunal on March 18, 2020, appellant is ordered to file a report, within ten (10) days from the date of this order, as to the status of the payment and preparation of the record on appeal.
|
|
| Docket Date |
2020-03-20
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
OCWEN LOAN SERVICING, LLC
|
|
| Docket Date |
2020-03-18
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2020-02-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-02-27
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2020-02-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Sarah Blyth
|
|
| Docket Date |
2020-02-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
OCWEN LOAN SERVICING, LLC VS YVONNE LOPEZ, ET AL.
|
5D2019-3745
|
2019-12-23
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County
2016-CA-004118-O
|
Parties
| Name |
OCWEN LOAN SERVICING, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Lorianne K. Williams, Steve Brotman, Michael Peter De Simone
|
|
| Name |
YVONNE LOPEZ
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Anthony N. Legendre, II, Jarret Berfond
|
|
| Name |
Hon. Luis Fernando Calderon
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Orange Cty Circuit Ct Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-02-24
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ INABILITY TO COMPLETE ROA
|
| On Behalf Of |
Orange Cty Circuit Ct Clerk
|
|
| Docket Date |
2020-05-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Grant EOT for Initial Brief ~ IB BY 6/26
|
|
| Docket Date |
2020-05-05
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
OCWEN Loan Servicing, LLC
|
|
| Docket Date |
2020-05-05
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
OCWEN Loan Servicing, LLC
|
|
| Docket Date |
2020-03-12
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ TO 5/12
|
| On Behalf Of |
OCWEN Loan Servicing, LLC
|
|
| Docket Date |
2020-03-06
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 717 PAGES
|
| On Behalf Of |
Orange Cty Circuit Ct Clerk
|
|
| Docket Date |
2020-03-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PER 2/24 ORDER
|
| On Behalf Of |
OCWEN Loan Servicing, LLC
|
|
| Docket Date |
2020-02-24
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-File Response to Clerk's Notice ~ AA W/IN 10 DYS
|
|
| Docket Date |
2020-07-29
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD EFILED
|
|
| Docket Date |
2020-07-29
|
| Type |
Mandate
|
| Subtype |
Notice Memorandum
|
| Description |
Notice Memorandum
|
|
| Docket Date |
2020-07-07
|
| Type |
Order
|
| Subtype |
Order on Motion/Notice Voluntary Dismissal (non-dispositive)
|
| Description |
Order Granting Voluntary Dismissal
|
|
| Docket Date |
2020-07-07
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2020-07-06
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ AMENDED PER 6/30 ORDER
|
| On Behalf Of |
OCWEN Loan Servicing, LLC
|
|
| Docket Date |
2020-06-30
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken (certificate of service) ~ AA FILE AMEND NOTICE W/IN 5 DAYS
|
|
| Docket Date |
2020-06-29
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
OCWEN Loan Servicing, LLC
|
|
| Docket Date |
2020-06-29
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ AA W/IN 10 DAYS
|
|
| Docket Date |
2020-01-03
|
| Type |
Order
|
| Subtype |
Order Declining Referral to Mediation
|
| Description |
ORD- Declining Referral to Mediation ~ IB W/IN 70 DAYS
|
|
| Docket Date |
2020-01-02
|
| Type |
Mediation
|
| Subtype |
Confidential Statement
|
| Description |
Confidential Statement ~ AA Michael Peter De Simone 0119739
|
| On Behalf Of |
OCWEN Loan Servicing, LLC
|
|
| Docket Date |
2019-12-30
|
| Type |
Mediation
|
| Subtype |
Mediation Questionnaire
|
| Description |
Mediation Questionnaire ~ AE ANTHONY N. LEGENDRE, II 0067221
|
| On Behalf Of |
YVONNE LOPEZ
|
|
| Docket Date |
2019-12-23
|
| Type |
Order
|
| Subtype |
Mediation Order to Counsel
|
| Description |
Mediation Letter to Counsel
|
|
| Docket Date |
2019-12-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2019-12-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-12-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 12/18/19
|
| On Behalf Of |
OCWEN Loan Servicing, LLC
|
|
|
|
ROBERT FENN VS LITTON LOAN SERVICING LP, et al.
|
4D2019-2471
|
2019-08-02
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502019CA002626
|
Parties
| Name |
ROBERT FENN
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
OCWEN LOAN SERVICING, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ANDRITA KING FENN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LITTON LOAN SERVICING LP
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Elizabeth Ann Henriques, JONATHAN MORHAIM
|
|
| 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 |
2019-11-06
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2019-11-06
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-Lack of Prosecution ~ ORDERED sua sponte that the above-styled case is dismissed for lack of prosecution.
|
|
| Docket Date |
2019-10-17
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before October 28, 2019, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2019-10-11
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
LITTON LOAN SERVICING LP
|
|
| Docket Date |
2019-08-05
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-08-02
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
| Docket Date |
2019-08-02
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
ROBERT FENN
|
|
|
|
DEAN BRYAN VS OCWEN LOAN SERVICING, LLC
|
4D2019-2194
|
2019-07-12
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
2019CA000630
|
Parties
| Name |
DEAN BRYAN LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CLERK OF THE CIRCUIT COURT FOR ST. LUCIE COUNTY, FL.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Paola Huembes, SCOTT R. HARLOWE, W. Bard Brockman
|
|
| Name |
OCWEN LOAN SERVICING, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Lawrence M. Mirman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - St. Lucie
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-07-10
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-07-10
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-06-11
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2020-04-02
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Dean Bryan
|
|
| Docket Date |
2020-02-10
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
CLERK OF THE CIRCUIT COURT FOR ST. LUCIE COUNTY, FL.
|
|
| Docket Date |
2019-12-10
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
CLERK OF THE CIRCUIT COURT FOR ST. LUCIE COUNTY, FL.
|
|
| Docket Date |
2019-12-10
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 2/10/20
|
|
| Docket Date |
2019-11-14
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Dean Bryan
|
|
| Docket Date |
2019-11-14
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Dean Bryan
|
|
| Docket Date |
2019-10-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's October 8, 2019 motion for extension of time is granted, and 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 may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2019-10-08
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Dean Bryan
|
|
| Docket Date |
2019-09-16
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ Upon consideration of appellant’s August 15, 2019 response and appellee’s August 26, 2019 reply, it isORDERED sua sponte that the above-styled appeal shall proceed pursuant to Florida Rule of Appellate Procedure 9.110 as to the “order on defendant’s motion to disburse surplus funds.” Further, ORDERED that appellant’s September 13, 2019 “reply to appellee’s reply to appellant’s response to order indicating whether all judicial labor is complete” is stricken as unauthorized.
|
|
| Docket Date |
2019-09-13
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
Reply ~ ***STRICKEN AS UNAUTHORIZED 9/16/19***TO APPELLEE'S REPLY TO RESPONSE
|
| On Behalf Of |
Dean Bryan
|
|
| Docket Date |
2019-08-26
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
CLERK OF THE CIRCUIT COURT FOR ST. LUCIE COUNTY, FL.
|
|
| Docket Date |
2019-08-19
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that appellee Ocwen Loan Servicing, LLC shall file a reply to appellant’s August 15, 2019 response within ten (10) days from the date of this order.
|
|
| Docket Date |
2019-08-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Dean Bryan
|
|
| Docket Date |
2019-08-07
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 138 PAGES
|
| On Behalf Of |
Clerk - St. Lucie
|
|
| Docket Date |
2019-08-05
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellant to File Response ~ ORDERED that appellant shall file a response, within ten (10) days from the date of this order, indicating whether all judicial labor is complete in the underlying case.
|
|
| Docket Date |
2019-07-29
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CLERK OF THE CIRCUIT COURT FOR ST. LUCIE COUNTY, FL.
|
|
| Docket Date |
2019-07-22
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Dean Bryan
|
|
| Docket Date |
2019-07-22
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed
|
| On Behalf Of |
Dean Bryan
|
|
| Docket Date |
2019-07-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ ***DUPLICATIVE***
|
| On Behalf Of |
Dean Bryan
|
|
| Docket Date |
2019-07-15
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Order for Amendment to Notice of Appeal ~ ORDERED that the appellant is directed to file, within ten (10) days from the date of this order, an amended Notice of Appeal with a certificate of service that states the name of the attorney of record for the appellee and his/her physical address.
|
|
| Docket Date |
2019-07-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-07-12
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Dean Bryan
|
|
| Docket Date |
2019-07-12
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
SEAN CROMER VS OCWEN LOAN SERVICING, LLC and GMAC MORTGAGE, LLC
|
4D2019-2067
|
2019-07-01
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 11-021669 (11)
|
Parties
| Name |
SEAN CROMER
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Catherine A. Riggins
|
|
| Name |
Broward County
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
OCWEN LOAN SERVICING, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jennifer N. Lane, Steven J. Brotman, Maya Allison Moore, Michael P. De Simone, Tara N. Castillo
|
|
| Name |
GMAC MORTGAGE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Frank Ledee
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-02-28
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-02-28
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-02-06
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that the appellant’s November 20, 2019 motion for appellate attorney's fees is denied.
|
|
| Docket Date |
2020-02-06
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2019-12-17
|
| Type |
Order
|
| Subtype |
Order on Motion to Accept Brief as Timely
|
| Description |
Grant to Accept Brief Filed as Timely ~ ORDERED that appellant's November 26, 2019 motion to accept brief as timely filed is granted. The reply brief is deemed timely filed as of the date of this order.
|
|
| Docket Date |
2019-11-26
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ **DEEMED TIMELY**
|
| On Behalf Of |
SEAN CROMER
|
|
| Docket Date |
2019-11-26
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Accept Brief as Timely
|
| Description |
Motion To Accept Timely Brief
|
| On Behalf Of |
SEAN CROMER
|
|
| Docket Date |
2019-11-20
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
SEAN CROMER
|
|
| Docket Date |
2019-10-21
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
OCWEN LOAN SERVICING, LLC
|
|
| Docket Date |
2019-10-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's October 10, 2019 motion for extension of time is granted, and appellee shall serve the answer brief on or before October 25, 2019. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2019-10-10
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
OCWEN LOAN SERVICING, LLC
|
|
| Docket Date |
2019-09-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's September 9, 2019 motion for extension of time is granted, and appellee shall serve the answer brief within thirty (30) days from the date of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2019-09-09
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
OCWEN LOAN SERVICING, LLC
|
|
| Docket Date |
2019-09-06
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
OCWEN LOAN SERVICING, LLC
|
|
| Docket Date |
2019-08-12
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
SEAN CROMER
|
|
| Docket Date |
2019-08-12
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
SEAN CROMER
|
|
| Docket Date |
2019-07-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's July 12, 2019 motion for extension of time is granted, and appellant shall serve the initial brief and appendix on or before August 12, 2019. In addition, if the initial brief and appendix are not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2019-07-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
SEAN CROMER
|
|
| Docket Date |
2019-07-10
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
SEAN CROMER
|
|
| Docket Date |
2019-07-02
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2019-07-02
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-07-01
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-07-01
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
SEAN CROMER
|
|
|
