|
APRIL L. YOUNG, et al., Appellant(s) v. DITECH FINANCIAL LLC, Appellee(s).
|
4D2024-1763
|
2024-07-11
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19006695
|
Parties
| Name |
DITECH FINANCIAL LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Marc Jonathan Gottlieb, Scott Alan Brown, Nancy Mason Wallace, William Heller
|
|
| Name |
Hon. Marina Garcia Wood
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
April L. Young
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Adam Jeffrey Richardson, Edward Herbert Zebersky, Jeffrey Michael Liggio
|
|
Docket Entries
| Docket Date |
2024-11-15
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Initial Brief
|
| Description |
30 Days to December 16, 2024
|
|
| Docket Date |
2024-11-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension of Time - Initial Brief
|
| On Behalf Of |
April L. Young
|
|
| Docket Date |
2024-10-15
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Initial Brief
|
| Description |
30 Days to November 15, 2024
|
|
| Docket Date |
2024-10-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension of Time - Initial Brief
|
| On Behalf Of |
April L. Young
|
|
| Docket Date |
2024-09-20
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
ORDERED that Appellee's September 18, 2024 "Unopposed Request for Transfer of Record on Appeal" is granted.
|
| View |
View File
|
|
| Docket Date |
2024-09-19
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal for 4D21-2579 - See Order
|
|
| Docket Date |
2024-09-18
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Appellee's Unopposed Request for Transfer of Record on Appeal
|
|
| Docket Date |
2024-09-16
|
| Type |
Recognizing Agreed Extension
|
| Subtype |
Initial Brief
|
| Description |
30 Days to October 16, 2024
|
|
| Docket Date |
2024-09-14
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension of Time - Initial Brief
|
| On Behalf Of |
April L. Young
|
|
| Docket Date |
2024-08-30
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal - 1,167 pages
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-07-11
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-07-11
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Case Filing Fee Paid - $300
|
| View |
View File
|
|
| Docket Date |
2024-07-11
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-12-20
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORDERED that Appellant's December 16, 2024 motion to supplement the record is granted, and the record is supplemented to include the material attached in the appendix. Said appendix is deemed filed as of the date of this order. Further, ORDERED that Appellant shall serve the initial brief brief within four (4) days from receipt of the supplemental record.
|
| View |
View File
|
|
| Docket Date |
2024-12-20
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
April L. Young
|
| View |
View File
|
|
| Docket Date |
2024-12-16
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion to Supplement Record & EOT/Toll Briefing
|
|
| Docket Date |
2024-12-16
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Appellant's Motion to Supplement the Record on Appeal and for a Final Four-Day Extension
|
| On Behalf Of |
April L. Young
|
|
| Docket Date |
2024-07-11
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
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 (2023), 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.
|
| View |
View File
|
|
|
|
David Earl Horvath, Cassandra Jean Horvath, Travis John Patrick Shank, Appellant(s) v. MHC Orange Lake, LLC, and Rithm Capital, Corp. f/k/a Ditech Financial Appellee(s).
|
5D2024-0214
|
2024-01-25
|
Closed
|
|
| Classification |
NOA Final - County Civil - Landlord/Tenant/Eviction (Residential)
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifth Judicial Circuit, Lake County
2023-CC-000388
|
Parties
| Name |
David Earl Horvath
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Cassandra Jean Horvath
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Travis John Patrick Shank
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
DITECH FINANCIAL LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Rithm Capital, Corp.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MHC Orange Lake, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
J. Matt Bobo
|
|
| Name |
Hon. Carla Rae Pepperman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Lake Co Circuit Ct Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-03-13
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken (certificate of service) ~ AA'S W/IN 10 DYS FILE AMENDED MOT REINSTATE AND AMENDED NOA; MOT REINSTATE STRICKEN; F/FEE REMAINS DUE OTHER AA'S...
|
|
| Docket Date |
2024-11-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
MOTION FOR REINSTATEMENT DENIED
|
| View |
View File
|
|
| Docket Date |
2024-10-21
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement- DUPLICATE OF MOTION FORWARDED BY LT
|
| On Behalf Of |
David Earl Horvath
|
|
| Docket Date |
2024-10-17
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement- FILED IN LT AND FORWARDED
|
| On Behalf Of |
David Earl Horvath
|
|
| Docket Date |
2024-08-12
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp. w/o Mandate
|
|
| Docket Date |
2024-07-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
MOTION FOR REINSTATEMENT DENIED
|
| View |
View File
|
|
| Docket Date |
2024-07-15
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
David Earl Horvath
|
|
| Docket Date |
2024-06-26
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
APPEAL DISMISSED
|
| View |
View File
|
|
| Docket Date |
2024-06-20
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
SECOND Amended Notice of Appeal - PER 5/21 ORDER. DOES NOT COMPLY
|
|
| Docket Date |
2024-05-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
APPEAL REINSTATED; MOT REINSTATE STRICKEN W/OUT PREJUDICE; AA 'S W/IN 10 DYS FILE SECOND AMENDED NOA AND SHOW CAUSE WHY APPEAL SHOULD NOT BE DISMISSED; AMENDED NOA STRICKEN
|
| View |
View File
|
|
| Docket Date |
2024-05-15
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
David Earl Horvath
|
| View |
View File
|
|
| Docket Date |
2024-05-13
|
| Type |
Miscellaneous Document
|
| Subtype |
Copy of Lower Tribunal Indigence Certificate(s)/Order(s)
|
| Description |
Copy of Lower Tribunal Indigence Certificate(s)/Order(s) - For Travis Shank
|
| On Behalf Of |
Travis John Patrick Shank
|
| View |
View File
|
|
| Docket Date |
2024-04-30
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Amended Motion For Reinstatement - FILED IN LT AND FORWARDED; STRICKEN W/OUT PREJUDICE PER 5/21 ORDER
|
| On Behalf Of |
David Earl Horvath
|
|
| Docket Date |
2024-04-25
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
APPEAL REMAINS DISMISSED; NO PROPER MOT REINSTATE FILED; NO FILING FEE RECEIVED AS TO D.HORVATH AND T. SHANK
|
| View |
View File
|
|
| Docket Date |
2024-03-26
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken (certificate of service) ~ AA'S W/IN 10 DYS FILE SECOND AMENDED MOT REINSTATE; MOT STRICKEN
|
|
| Docket Date |
2024-03-25
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ PER 3/13/2024 ORDER - FILED BELOW 3/25/2024; STRICKEN PER 5/21 ORDER
|
|
| Docket Date |
2024-03-25
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement ~ FILED IN LT AND FORWARDED; STRICKEN PER 3/26 ORDER
|
| On Behalf Of |
Cassandra Jean Horvath
|
|
| Docket Date |
2024-03-11
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
LT Certificate of Indigency ~ FOR CASSANDRA HORVATH
|
|
| Docket Date |
2024-02-20
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2024-02-20
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Dism. Filing Fee ~ NO RESPONSE TO THIS COURT'S 2/19 OTSC REQUIRED
|
|
| Docket Date |
2024-02-19
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order - Show Cause for failure to file amended NOA ~ AA W/IN 10 DYS
|
|
| Docket Date |
2024-01-26
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
ORD-AA to File Amended NOA ~ W/I 10 DAYS
|
|
| Docket Date |
2024-01-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
DM:No Fee - Case Dismissed
|
|
| Docket Date |
2024-01-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 1/18/2024
|
| On Behalf Of |
David Earl Horvath
|
|
| Docket Date |
2024-01-25
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee - Civil appeal (300) - FILING FEE PAID AND INDIGENCIES FILED
|
|
| Docket Date |
2024-01-25
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2024-03-11
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement ~ FILED IN LT AND FORWARDED; STRICKEN PER 3/13 ORDER
|
| On Behalf Of |
David Earl Horvath
|
|
|
|
Anthony Haven Pollard A/K/A Anthony H. Pollard, Petitioner(s) v. Ditech Financial, LLC. et al, Respondent(s)
|
SC2023-1291
|
2023-09-11
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
5th District Court of Appeal
5D23-1372;
|
Parties
| Name |
Anthony H. Pollard
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
DITECH FINANCIAL LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Jonathan Ian Meisels, David Rosenberg
|
|
| Name |
Greta Pollard
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Eric Chase Roberson
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Nassau Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
5DCA Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-09-13
|
| Type |
Event
|
| Subtype |
No Fee - Insolvent
|
| Description |
No Fee - Insolvent
|
|
| Docket Date |
2023-09-11
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
Notice to Invoke Discretionary Jurisdiction
|
| On Behalf Of |
Anthony H. Pollard
|
| View |
View File
|
|
| Docket Date |
2023-09-13
|
| Type |
Disposition
|
| Subtype |
Rev/Appeal Dism No Juris Omnibus
|
| Description |
Petitioner's Notice to Invoke Discretionary Jurisdiction, seeking review of the order or opinion issued by the Fifth District Court of Appeal on August 28, 2023, 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
|
|
|
|
ANTHONY HAVEN POLLARD A/K/A ANTHONY H. POLLARD VS DITECH FINANCIAL, LLC AND GRETA POLLARD
|
5D2023-1372
|
2023-04-10
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fourth Judicial Circuit, Nassau County
2019-CA-000476-A
|
Parties
| Name |
Anthony Haven Pollard
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Greta Pollard
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DITECH FINANCIAL LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jonathan Meisels, David Rosenberg
|
|
| Name |
New REZ, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Shellpoint Mortgage Servicing
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Eric C. Roberson
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Civil Nassau County
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-01-18
|
| Type |
Mandate
|
| Subtype |
Notice Memorandum
|
| Description |
Notice Memorandum
|
|
| Docket Date |
2024-01-18
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD EFILED
|
|
| Docket Date |
2023-12-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
Order Deny Rehearing ~ 12/11 MOTION TREATED AS MOTION FOR REHEARING AND DENIED
|
|
| Docket Date |
2023-12-11
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement ~ TREATED AS MOT FOR REHEARING PER 12/28 ORDER
|
| On Behalf Of |
Anthony Haven Pollard
|
|
| Docket Date |
2023-11-29
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Dismissing Appeal ~ 11/13 AFFIDAVIT AND 11/27 NOTICE ARE STRICKEN
|
|
| Docket Date |
2023-11-29
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2023-11-27
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice
|
| On Behalf Of |
Anthony Haven Pollard
|
|
| Docket Date |
2023-11-13
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Docket Entry ~ "AFFIDAVIT"
|
| On Behalf Of |
Anthony Haven Pollard
|
|
| Docket Date |
2023-10-13
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion Supplemental Record & Eot For Brief ~ GRANTED AS TO MOTION FOR EXTENSION OF TIME AND DENIED IN ALL OTHER RESPECTS PER 10/26 ORDER
|
| On Behalf Of |
Anthony Haven Pollard
|
|
| Docket Date |
2023-10-09
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ MEOT OR IB W/I 10 DAYS
|
|
| Docket Date |
2023-10-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PER 9/29 ORDER
|
| On Behalf Of |
Anthony Haven Pollard
|
|
| Docket Date |
2023-09-29
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ W/I 10 DAYS; DISCHARGED PER 10/26 ORDER
|
|
| Docket Date |
2023-09-13
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Opinion
|
| Description |
Supreme Court Disposition ~ SC23-1291 CASE DISMISSED
|
|
| Docket Date |
2023-09-11
|
| Type |
Supreme Court
|
| Subtype |
Review Sent to Supreme Court
|
| Description |
Review Sent to Supreme Court
|
|
| Docket Date |
2023-09-11
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF DISCRETN. JURISDICTN
|
|
| Docket Date |
2023-08-28
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Order Deny Rehearing Interim Order
|
|
| Docket Date |
2023-08-14
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing/Interim Order ~ OF 8/1 ORDER
|
| On Behalf Of |
Anthony Haven Pollard
|
|
| Docket Date |
2023-08-01
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Order Deny Motion to Supplement Record
|
|
| Docket Date |
2023-07-14
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record ~ "MOTION FOR ORDER OF TRANSCRIPTS"
|
| On Behalf Of |
Anthony Haven Pollard
|
|
| Docket Date |
2023-06-21
|
| Type |
Order
|
| Subtype |
Order on Motion For Review
|
| Description |
ORD-Grant Motion for Review ~ 5/25 MOTION TO STAY TREATED AS MOTION FOR REVIEW AND GRANTED. LOWER TRIBUNAL ORDER IS AFFIRMED
|
|
| Docket Date |
2023-06-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
ORD-Reinstatement ~ APPEAL REINSTATED; F/FEE WAIVED; RULING ON MOT STAY ISSUE SEPARATELY
|
|
| Docket Date |
2023-06-08
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
ORD-INSOLV
|
|
| Docket Date |
2023-06-08
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 469 PAGES
|
| On Behalf Of |
Civil Nassau County
|
|
| Docket Date |
2023-06-05
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ MOT REINSTATE ACKNOWLEDGED; MOT WILL BE RULED ON UPON RECEIPT OF F/FEE; NO ACTION TAKEN ON AMENDED MOT STAY AT THIS TIME...
|
|
| Docket Date |
2023-05-25
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ SEE AMENDED MOTION
|
| On Behalf Of |
Anthony Haven Pollard
|
|
| Docket Date |
2023-05-19
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
Anthony Haven Pollard
|
|
| Docket Date |
2023-05-08
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2023-05-08
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Dism. Filing Fee
|
|
| Docket Date |
2023-04-28
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Ditech Financial, LLC
|
|
| Docket Date |
2023-04-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2023-04-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ CRT OF SVC 4/10/2023
|
| On Behalf Of |
Anthony Haven Pollard
|
|
| Docket Date |
2023-04-10
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WW4:Waived-57.081(1)
|
|
| Docket Date |
2023-04-10
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee - Civil appeal (300)
|
|
| 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 ~ GRANTED AS TO MOTION FOR EXTENSION OF TIME AND DENIED IN ALL OTHER RESPECTS. INITIAL BRF BY 11/13. FAILER TO TIMELY SERVE THE INITIAL BRIEF WILL RESULT IN DISMISSAL WITHOUT FURTHER NOTICE. 9/29 OTSC IS DISCHARGED
|
|
|
|
ELAINE FLETCHER, VS DITECH FINANCIAL LLC,
|
3D2022-1817
|
2022-10-24
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
17-7671
|
Parties
| Name |
ELAINE FLETCHER
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Nashid Sabir
|
|
| Name |
DITECH FINANCIAL LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
DANIEL HERNANDEZ
|
|
| Name |
Hon. Charles K. Johnson
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-10-24
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for Appellant 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 3, 2022.
|
|
| Docket Date |
2022-12-27
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2022-12-27
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-12-05
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2022-12-05
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Dismissal for Failure to Comply (DA11H) ~ Upon the Court’s own motion, it is ordered that this appeal from the Circuit Court for Miami-Dade County, Florida, is dismissed for failure to comply with this Court’s Order dated October 24, 2022, and with the Florida Rules of Appellate Procedure.
|
|
| Docket Date |
2022-10-24
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
DM:No Fee - Case Dismissed
|
|
| Docket Date |
2022-10-24
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
ELAINE FLETCHER
|
|
| Docket Date |
2022-10-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments. The 3DCA $300 filing fee for a notice of appeal is due.
|
|
|
|
NOE MOMPOINT and PHOEBE MOMPOINT, Appellant(s) v. MTGLQ INVESTORS, LP, Appellee(s).
|
4D2022-1502
|
2022-06-02
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE18009624
|
Parties
| Name |
Phoebe Mompoint
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Noe Mompoint
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Nicole Rachael Moskowitz
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MTGLQ Investors, LP
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Nicholas Steven Agnello
|
|
| Name |
DITECH FINANCIAL LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Christopher Pole
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-12-07
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-12-07
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2023-11-20
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order on Motion For Attorney's Fees
|
| On Behalf Of |
MTGLQ Investors, LP
|
| View |
View File
|
|
| Docket Date |
2023-11-16
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2023-08-04
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that, upon consideration of appellants’ August 3, 2023 response, the above-styled appeal shall proceed.
|
|
| Docket Date |
2023-08-03
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Noe Mompoint
|
|
| Docket Date |
2023-07-24
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that Nicole Moskowitz is directed to file a status report, within fifteen (15) days from the date of this order, regarding the bankruptcy proceedings.
|
|
| Docket Date |
2023-07-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
Noe Mompoint
|
|
| Docket Date |
2023-06-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ RESPONSE TO SHOW CAUSE ORDER AND MOTION FOR EXTENSION OF TIME TO ORDER DATED MAY 17, 2023
|
| On Behalf Of |
Noe Mompoint
|
|
| Docket Date |
2023-06-13
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ **DISCHARGED**ORDERED that Nicole Moskowitz is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why sanctions should not be imposed for failure to respond to this court's May 17, 2023 order. If the response is filed within this ten (10) day period, this order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2023-05-16
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Noe Mompoint
|
|
| Docket Date |
2023-05-16
|
| Type |
Notice
|
| Subtype |
Suggestion of Bankruptcy
|
| Description |
Suggestion of Bankruptcy
|
| On Behalf Of |
Noe Mompoint
|
|
| Docket Date |
2023-05-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellants’ May 1, 2023 motion for extension of time is granted in part, and appellants shall serve the reply brief within fifteen (15) days from the current due date. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2023-05-01
|
| 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 |
Noe Mompoint
|
|
| Docket Date |
2023-03-31
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
MTGLQ Investors, LP
|
|
| Docket Date |
2023-03-31
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ AND COSTS
|
| On Behalf Of |
MTGLQ Investors, LP
|
|
| Docket Date |
2023-03-09
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that the appellee’s January 26, 2023 motion to supplement the record is granted, and the record is supplemented to include the material requested in the motion. Said supplemental record is deemed filed as of the date of this order. Further, ORDERED that appellants' motion to strike, contained in the March 3, 2023 response, is denied.
|
|
| Docket Date |
2023-03-09
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
MTGLQ Investors, LP
|
|
| Docket Date |
2023-03-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLEE'S MOTION TO SUPPLEMENT THE RECORD ON APPEAL AND MOTION TO STRIKE APPELLEE"S MOTION TO SUPPLEMENT THE RECORD
|
| On Behalf Of |
Noe Mompoint
|
|
| Docket Date |
2023-02-16
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellant to File Response ~ ORDERED that appellants are directed to respond, within fifteen (15) days from the date of this order, to appellee’s January 26, 2023 motion to supplement record on appeal.
|
|
| Docket Date |
2023-01-26
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
MTGLQ Investors, LP
|
|
| Docket Date |
2023-01-23
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ AND TO TAX COSTS ON APPEAL
|
| On Behalf Of |
Noe Mompoint
|
|
| Docket Date |
2023-01-23
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Noe Mompoint
|
|
| Docket Date |
2023-01-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellants’ motion for extension of time, contained within the January 11, 2023 response, is granted in part, and appellants shall serve the initial brief within ten (10) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case 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 |
2023-01-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ AND INCORPORATED MOTION FOR EXTENSION OF TIME TO FILE THE INITIAL BRIEF
|
| On Behalf Of |
Noe Mompoint
|
|
| Docket Date |
2023-01-06
|
| 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 appellee’s January 4, 2023 notice of filing bankruptcy case order of dismissal.
|
|
| Docket Date |
2023-01-04
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ BANKRUPTCY CASE ORDER OF DISMISSAL
|
| On Behalf Of |
MTGLQ Investors, LP
|
|
| Docket Date |
2022-12-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellants' motion for extension of time, contained within the December 1, 2022 response, is granted, and appellants shall supplement their response on or before January 15, 2023.
|
|
| Docket Date |
2022-12-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ AND INCORPORATED MOTION FOR EXTENSION OF TIME
|
| On Behalf Of |
Noe Mompoint
|
|
| Docket Date |
2022-11-14
|
| Type |
Notice
|
| Subtype |
Suggestion of Bankruptcy
|
| Description |
Suggestion of Bankruptcy
|
| On Behalf Of |
Noe Mompoint
|
|
| Docket Date |
2022-11-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellants' October 26, 2022 motion for extension of time is granted, and appellants shall serve the initial brief within thirty (30) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case 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 |
2022-10-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Noe Mompoint
|
|
| Docket Date |
2022-10-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants’ September 27, 2022 motion for extension of time is granted, and appellants shall serve the initial brief within thirty (30) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above–styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2022-09-27
|
| 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 |
Noe Mompoint
|
|
| Docket Date |
2022-09-22
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ PAGES 1-146
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-09-14
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Noe Mompoint
|
|
| Docket Date |
2022-09-09
|
| 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 September 1, 2022, it is ORDERED that appellants shall file a report, within five (5) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
|
|
| Docket Date |
2022-09-01
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-08-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants' August 10, 2022 motion for extension of time is granted, and appellants shall serve the initial brief on or before September 24, 2022. 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 |
2022-08-10
|
| 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 |
Noe Mompoint
|
|
| Docket Date |
2022-07-07
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ AMENDED STATUS REPORT AS TO THE STATUS OFAPPELLANTS MOTION FOR REHEARING
|
| On Behalf Of |
Noe Mompoint
|
|
| Docket Date |
2022-07-07
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Noe Mompoint
|
|
| Docket Date |
2022-06-30
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ AS TO THE STATUS OF APPELLANTS MOTION FOR REHEARING
|
| On Behalf Of |
Noe Mompoint
|
|
| Docket Date |
2022-06-03
|
| Type |
Order
|
| Subtype |
Abeyance Order
|
| Description |
Order Holding Case in Abeyance Per R. 9.020(h)(2)(C) ~ This court notes that a motion tolling rendition is pending in the trial court. ORDERED that the above-styled case is held in abeyance until the trial court disposes of the motion and appellants file a copy of the order in this court. On that date, this case shall proceed, and the briefing schedule shall run from that date. See Fla. R. App. P. 9.020(h)(2)(C). If the trial court has not entered an order disposing of the motion within thirty (30) days from the date of this order, appellants shall file a status report with this court as to the progress being made towards disposition of the motion.
|
|
| Docket Date |
2022-06-03
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Noe Mompoint
|
|
| Docket Date |
2022-06-02
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Noe Mompoint
|
|
| Docket Date |
2022-06-02
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-06-02
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-06-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that, upon consideration of appellants’ June 26, 2023 response, this court’s June 13, 2023 order to show cause is discharged. Further,ORDERED that appellants' motion for extension of time, contained in the June 26, 2023 response, is granted, and the time for filing a response is extended fifteen (15) days from the date of this order.
|
|
| Docket Date |
2023-05-17
|
| Type |
Order
|
| Subtype |
Show Cause re Bankruptcy
|
| Description |
Order on Suggestion of Bankruptcy ~ A suggestion of bankruptcy having been filed, it is ORDERED that the parties shall, within fourteen (14) days from the date of this order, request that the United States Bankruptcy Court issue an order stating whether this appeal should be stayed pursuant to 11 U.S.C. § 362(a) or any other provision of the United States Bankruptcy Code. See, e.g., In re Hill, 364 B.R. 826, 828 (Bankr. M.D. Fla. 2007) (“Comfort orders serve a valuable purpose. The orders are entered primarily for a third party’s benefit, often to help a sister state court attempting to determine whether it can proceed with a pending action, such as a foreclosure.”). Upon the filing of the request in the United States Bankruptcy Court, the parties shall file a notice of compliance with this Court. Further, should the United States Bankruptcy Court enter an order on the parties’ request, the parties shall file a copy of the order with this Court within five (5) days of issuance of that order.
|
|
| Docket Date |
2022-11-15
|
| Type |
Order
|
| Subtype |
Show Cause re Bankruptcy
|
| Description |
Order on Suggestion of Bankruptcy ~ A suggestion of bankruptcy having been filed, it is ORDERED that the parties shall, within fourteen (14) days from the date of this order, request that the United States Bankruptcy Court issue an order stating whether this appeal should be stayed pursuant to 11 U.S.C. § 362(a) or any other provision of the United States Bankruptcy Code. See, e.g., In re Hill, 364 B.R. 826, 828 (Bankr. M.D. Fla. 2007) (“Comfort orders serve a valuable purpose. The orders are entered primarily for a third party’s benefit, often to help a sister state court attempting to determine whether it can proceed with a pending action, such as a foreclosure.”). Upon the filing of the request in the United States Bankruptcy Court, the parties shall file a notice of compliance with this Court. Further, should the United States Bankruptcy Court enter an order on the parties’ request, the parties shall file a copy of the order with this Court within five (5) days of issuance of that order.
|
|
| Docket Date |
2022-06-02
|
| 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 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.
|
|
|
|
BASIM AYOUB VS DITECH FINANCIAL LLC f/k/a GREEN TREE SERVICING LLC
|
4D2022-1192
|
2022-05-02
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19-013567
|
Parties
| Name |
Basim Ayoub
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Richard G. Chosid
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
GREEN TREE SERVICING LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DITECH FINANCIAL LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Antonio Campos, David Yehuda Rosenberg
|
|
| Name |
Hon. Andrea Gundersen
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-07-29
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2022-07-29
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the July 27, 2022 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2022-07-27
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Basim Ayoub
|
|
| Docket Date |
2022-05-18
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Ditech Financial LLC
|
|
| Docket Date |
2022-05-11
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Basim Ayoub
|
|
| Docket Date |
2022-05-02
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Basim Ayoub
|
|
| Docket Date |
2022-05-02
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-05-02
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-07-19
|
| 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 July 29, 2022, 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 |
2022-05-02
|
| 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 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.
|
|
|
|
ELITE INVESTMENT GROUP, LLC VS DITECH FINANCIAL LLC f/k/a GREEN TREE SERVICING LLC, et al.
|
4D2022-0285
|
2022-01-26
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE17019142 (11)
|
Parties
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ELITE INVESTMENT GROUP, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Ramsey Villalon
|
|
| Name |
DITECH FINANCIAL LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Kerry Cummings, Jeffrey Alterman, Winston Cuenant, Marlon Hyatt, Charles P. Gufford
|
|
| Name |
GREEN TREE SERVICING LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Jose Decastilla
|
| 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 |
2022-04-20
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the April 13, 2022 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2022-04-20
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2022-04-13
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Elite Investment Group, LLC
|
|
| Docket Date |
2022-04-13
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ ORDERED that appellant is directed to respond, within five (5) days from the date of this order, to this court’s March 24, 2022 order.
|
|
| Docket Date |
2022-04-13
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Elite Investment Group, LLC
|
|
| Docket Date |
2022-03-24
|
| 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 16, 2022, it is ORDERED that appellant shall file a report, within five (5) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
|
|
| Docket Date |
2022-03-16
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-03-08
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Ditech Financial LLC
|
|
| Docket Date |
2022-03-07
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Order Denying Stay ~ ORDERED that appellant’s January 27, 2022 motion to stay is denied as moot.
|
|
| Docket Date |
2022-01-28
|
| Type |
Order
|
| Subtype |
Order on Request for Emergency Treatment
|
| Description |
Denying Request for Emergency Treatment ~ ORDERED that the appellant’s January 27, 2022 request for emergency treatment is denied. The court will handle the filing in the normal course of business. No motion for rehearing as to this order will be entertained.
|
|
| Docket Date |
2022-01-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-01-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO APPELLANT'S EMERGENCY MOTION TO STAY
|
| On Behalf Of |
Elite Investment Group, LLC
|
|
| Docket Date |
2022-01-27
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ EMERGENCY
|
| On Behalf Of |
Elite Investment Group, LLC
|
|
| Docket Date |
2022-01-27
|
| 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 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 |
2022-01-27
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Elite Investment Group, LLC
|
|
| Docket Date |
2022-01-26
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-01-26
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Elite Investment Group, LLC
|
|
|
|
APOPKA FLORIDA 21 TRUST O/B/O JAVIER LOPEZ VS DITECH FINANCIAL, LLC F/K/A GREEN TREE SERVICING, LLC, JAMES A. OLSEN, GINGERY Y. OLSEN, THE PALMETTO RIDGE SCHOPKE HOMEOWNERS ASSOCIATION, INC., DANIEL ORTIZ, TERANO FINANCIAL, LLC, ET AL
|
5D2021-2843
|
2021-11-18
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County
2018-CA-006945-O
|
Parties
| Name |
Javier Lopez
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Apopka Florida 21 Trust
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Gregory Bryl
|
|
| Name |
GREEN TREE SERVICING LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
The Palmetto Ridge Schopke Homeowners Association, Inc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Ginger Y. Olsen
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
TERANO FINANCIAL, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DITECH FINANCIAL LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Candice J. Hart, Andrea Tromberg
|
|
| Name |
PALMETTO RIDGE CIRCLE,LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DANIEL ORTIZ LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
James A. Olsen
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Vincent Falcone
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Orange Cty Circuit Ct Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-02-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
Deny Motion to Reinstate
|
|
| Docket Date |
2022-01-24
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
Apopka Florida 21 Trust
|
|
| Docket Date |
2022-01-03
|
| Type |
Mandate
|
| Subtype |
Notice Memorandum
|
| Description |
Notice Memorandum
|
|
| Docket Date |
2022-01-03
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD E-FILED
|
|
| Docket Date |
2021-12-14
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Dismissing Appeal
|
|
| Docket Date |
2021-12-14
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk ~ FAILURE TO PROSECUTE
|
|
| Docket Date |
2021-11-30
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ AA W/IN 10 DYS SHOW CAUSE RE: WHY APPEAL SHOULD NOT BE DISMISSED...
|
|
| Docket Date |
2021-11-18
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-11-18
|
| Type |
Order
|
| Subtype |
Mediation Order to Counsel
|
| Description |
Mediation Letter to Counsel
|
|
| Docket Date |
2021-11-18
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2021-11-18
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED 11/17/21
|
| On Behalf Of |
Apopka Florida 21 Trust
|
|
|
|
APRIL L. YOUNG VS DITECH FINANCIAL, LLC, etc.
|
4D2021-2579
|
2021-09-03
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19006695
|
Parties
| Name |
April L. Young
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jeffrey M. Liggio, Philip M. Burlington, Geoff S. Stahl, Adam J. Richardson
|
|
| Name |
New Residential Investment Corporation
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DITECH FINANCIAL LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
William P. Heller, Nathaniel D. Callahan, Nancy M. Wallace, Eric M. Levine, Scott A. Brown, Marc J. Gottlieb
|
|
| Name |
NEWREZ LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Unknown Spouse of April L. Young
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Shellpoint Mortgage Servicing
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Barry Stone
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-05-31
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Per Curiam Opinion ~ IN PART, AFFIRMED IN PART **CORRECTED OPINION ON APPELLEES' MOTION FOR CLARIFICATION**
|
|
| Docket Date |
2023-05-31
|
| Type |
Disposition by Opinion
|
| Subtype |
Granted
|
| Description |
Opinion Disposing of a Motion (See Opinion) Grant
|
|
| Docket Date |
2023-03-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR CLARIFICATION
|
| On Behalf Of |
April L. Young
|
|
| Docket Date |
2023-02-22
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification
|
| On Behalf Of |
Ditech Financial, LLC
|
|
| Docket Date |
2023-02-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellee's February 14, 2023 motion for extension of time is granted, and the time in which to file a motion for rehearing or motion for clarification is extended to and including February 23, 2023.
|
|
| Docket Date |
2023-09-05
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-06-16
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-02-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO FILE MOTION FOR REHEARING
|
| On Behalf Of |
Ditech Financial, LLC
|
|
| Docket Date |
2023-02-01
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that appellant’s May 23, 2022 motion for appellate attorney's fees is denied.
|
|
| Docket Date |
2023-02-01
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Per Curiam Opinion ~ IN PART, AFFIRMED IN PART**WITHDRAWN** SEE 05/31/2023 OPNION
|
|
| Docket Date |
2022-07-05
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
April L. Young
|
|
| Docket Date |
2022-07-05
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
| Docket Date |
2022-06-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
Ditech Financial, LLC
|
|
| Docket Date |
2022-06-03
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
April L. Young
|
|
| Docket Date |
2022-05-23
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
April L. Young
|
|
| Docket Date |
2022-05-23
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
April L. Young
|
|
| Docket Date |
2022-05-23
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
April L. Young
|
|
| Docket Date |
2022-05-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORD-Reply Brief to be Served ~ ORDERED that appellant's May 17, 2022 motion for extension of time is granted, and appellant shall serve the reply brief within three (3) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it will be subject to being stricken, or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the reply brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
| Docket Date |
2022-05-17
|
| 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 |
April L. Young
|
|
| Docket Date |
2022-05-04
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Ditech Financial, LLC
|
|
| Docket Date |
2022-05-02
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 15 DAYS TO 5/17/22
|
|
| Docket Date |
2022-05-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
April L. Young
|
|
| Docket Date |
2022-04-06
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
Ditech Financial, LLC
|
|
| Docket Date |
2022-03-31
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Ditech Financial, LLC
|
|
| Docket Date |
2022-03-28
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 10 DAYS TO 4/7/22
|
|
| Docket Date |
2022-03-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Ditech Financial, LLC
|
|
| Docket Date |
2022-02-24
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
April L. Young
|
|
| Docket Date |
2022-02-24
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
April L. Young
|
|
| Docket Date |
2022-02-24
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
April L. Young
|
|
| Docket Date |
2022-02-14
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that appellant's February 11, 2022 motion to supplement the record and for extension of time is granted. The record is supplemented to include the March 2, 2021 hearing transcript. Said supplemental record is deemed filed as of the date of this order. Appellant shall file the July 27, 2021 hearing transcript within ten (10) days from the date of this order. Further,ORDERED that appellant shall serve the initial brief within ten (10) days from the date of this order.
|
|
| Docket Date |
2022-02-14
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ ***MOTION GRANTED***
|
| On Behalf Of |
April L. Young
|
|
| Docket Date |
2022-02-11
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion Supplemental Record & Eot For Brief
|
| On Behalf Of |
April L. Young
|
|
| Docket Date |
2022-01-12
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
April L. Young
|
|
| Docket Date |
2022-01-12
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 02/11/2022
|
|
| Docket Date |
2021-12-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
April L. Young
|
|
| Docket Date |
2021-12-13
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 01/12/2022
|
|
| Docket Date |
2021-11-12
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 12/13/21.
|
|
| Docket Date |
2021-11-12
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
April L. Young
|
|
| Docket Date |
2021-10-29
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
April L. Young
|
|
| Docket Date |
2021-10-21
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 1325 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-10-19
|
| 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 October 4, 2021, appellant is ordered to file a report, within ten (10) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
|
|
| Docket Date |
2021-10-18
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that, upon consideration of appellant’s September 20, 2021 jurisdictional brief and appellees’ September 27, 2021 response, this appeal shall proceed.
|
|
| Docket Date |
2021-10-04
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-09-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO BRIEF ON JURISDICTION
|
| On Behalf Of |
Ditech Financial, LLC
|
|
| Docket Date |
2021-09-20
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO JURISDICTIONAL BRIEF
|
| On Behalf Of |
April L. Young
|
|
| Docket Date |
2021-09-20
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
April L. Young
|
|
| Docket Date |
2021-09-08
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that, within ten (10) days from the date of this order, appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the August 3, 2021 order is a final, appealable order, as the order dismisses a counter-complaint that appears to arise out of the same transaction and occurrence as the complaint. See Mendez v. W. Flagler Fam. Ass’n, 303 So. 2d 1, 5 (Fla. 1974). FurtherAppellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2021-09-03
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
April L. Young
|
|
| Docket Date |
2021-09-03
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes, 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 |
2021-09-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-09-03
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Ditech Financial, LLC
|
|
|
|
KATIUSCA TORRES, VS DITECH FINANCIAL, LLC,
|
3D2021-1002
|
2021-04-26
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
13-5657
|
Parties
| Name |
KATIUSCA TORRES
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
KENZIE N. SADLAK
|
|
| Name |
DITECH FINANCIAL LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Lynette Ebeoglu McGuinness, Cary A. Lubetsky, ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC, DAVID ROSENBERG
|
|
| Name |
Hon. David C. Miller
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-01-05
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2022-01-05
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-12-16
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2021-12-16
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion to Dismiss Granted (OG32) ~ Upon consideration of Appellee’s Motion to Dismiss Appeal, and the Response and Reply thereto, it is ordered that said Motion is granted, and this appeal from the Circuit Court for Miami-Dade County, Florida, is hereby dismissed.
|
|
| Docket Date |
2021-12-09
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPELLEE'S APPENDIX TO APPELLEE'SREPLY TO APPELLANT'S RESPONSE TOAPPELLEE'S MOTION TO DISMISS APPEAL
|
| On Behalf Of |
DITECH FINANCIAL LLC
|
|
| Docket Date |
2021-12-09
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ APPELLEE'S REPLY TO APPELLANT'S RESPONSETO APPELLEE'S MOTION TO DISMISS APPEAL
|
| On Behalf Of |
DITECH FINANCIAL LLC
|
|
| Docket Date |
2021-12-02
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ Appellee's Motion for Leave to File a Reply to Appellant's Response to the Motion to Dismiss Appeal is granted. The reply shall be filed within seven (7) days from the date of this Order. LOGUE, LINDSEY and HENDON, JJ., concur.
|
|
| Docket Date |
2021-11-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S RESPONSE TO APPELLEE'S MOTION TO DISMISS
|
| On Behalf Of |
KATIUSCA TORRES
|
|
| Docket Date |
2021-11-29
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPELLEE'S APPENDIX TO APPELLEE'S MOTION FORLEAVE TO FILE REPLY TO APPELLANT'S RESPONSE TOAPPELLEE'S MOTION TO DISMISS APPEAL
|
| On Behalf Of |
DITECH FINANCIAL LLC
|
|
| Docket Date |
2021-11-29
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ APPELLEE'S MOTION FOR LEAVE TO FILE REPLY TO APPELLANT'S RESPONSE TO APPELLEE'S MOTION TO DISMISS APPEAL
|
| On Behalf Of |
DITECH FINANCIAL LLC
|
|
| Docket Date |
2021-11-10
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ APPELLEE'S MOTION TO DISMISS APPEAL
|
| On Behalf Of |
DITECH FINANCIAL LLC
|
|
| Docket Date |
2021-11-10
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPELLEE'S APPENDIX TOMOTION TO DISMISS APPELLANT'S APPEAL
|
| On Behalf Of |
DITECH FINANCIAL LLC
|
|
| Docket Date |
2021-10-11
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
DITECH FINANCIAL LLC
|
|
| Docket Date |
2021-10-11
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
KATIUSCA TORRES
|
|
| Docket Date |
2021-10-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-7 days to 10/11/21
|
|
| Docket Date |
2021-10-04
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
KATIUSCA TORRES
|
|
| Docket Date |
2021-10-01
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
DITECH FINANCIAL LLC
|
|
| Docket Date |
2021-09-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 10/04/2021
|
|
| Docket Date |
2021-09-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
KATIUSCA TORRES
|
|
| Docket Date |
2021-08-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 9/04/2021
|
|
| Docket Date |
2021-08-05
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
KATIUSCA TORRES
|
|
| Docket Date |
2021-07-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-30 days to 8/5/21
|
|
| Docket Date |
2021-07-06
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
KATIUSCA TORRES
|
|
| Docket Date |
2021-06-18
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2021-05-06
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
KATIUSCA TORRES
|
|
| Docket Date |
2021-04-26
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-04-26
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
KATIUSCA TORRES
|
|
| Docket Date |
2021-04-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments. The $300 3DCA filing fee for a notice of appeal is due.
|
|
| Docket Date |
2021-04-26
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for Appellant 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 May 6, 2021.
|
|
|
|
APRIL L. YOUNG VS DITECH FINANCIAL, LLC, et al.
|
4D2021-1261
|
2021-04-07
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19-006695
|
Parties
| Name |
April L. Young
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Adam J. Richardson, Jeffrey M. Liggio, Geoff S. Stahl
|
|
| Name |
DITECH FINANCIAL LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Nathaniel D. Callahan, Nancy M. Wallace, Eric M. Levine, Scott A. Brown, William P. Heller, Marc J. Gottlieb
|
|
| Name |
New Residential Investment Corporation
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
NEWREZ LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Unknown Spouse of April L. Young
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Shellpoint Mortgage Servicing
|
| 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 |
2021-05-17
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-05-10
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2021-05-10
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ Upon consideration of appellant's April 19, 2021 jurisdictional brief, it is ORDERED that the above-styled appeal is dismissed for lack of jurisdiction as the "order on motion to dismiss counter-complaint" is not a partial final judgment as it does not totally dispose of the entire case as to a party and judicial labor remains. Fla. R. App. P. 9.110(k); S.L.T. Warehouse Co. v. Webb, 304 So. 2d 97, 99 (Fla. 1974) (“Generally, the test employed by the appellate court to determine finality of an order, judgment or decree is whether the order in question constitutes an end to the judicial labor in the cause, and nothing further remains to be done by the court to effectuate a termination of the cause as between the parties directly affected.”); Mendez v. W. Flagler Family Ass’n, 303 So. 2d 1, 5 (Fla. 1974); Flinn v. Flinn, 68 So. 3d 424, 425 (Fla. 4th DCA 2011).DAMOORGIAN, KUNTZ and ARTAU, JJ., concur.
|
|
| Docket Date |
2021-04-27
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Ditech Financial, LLC
|
|
| Docket Date |
2021-04-19
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO JURISDICTIONAL BRIEF.
|
| On Behalf Of |
April L. Young
|
|
| Docket Date |
2021-04-19
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
April L. Young
|
|
| Docket Date |
2021-04-07
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
| On Behalf Of |
April L. Young
|
|
| Docket Date |
2021-04-07
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
April L. Young
|
|
| Docket Date |
2021-04-07
|
| 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 |
2021-04-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
|
|
ALMYR GUIMARAES, VS DITECH FINANCIAL LLC, et al.,
|
3D2021-0745
|
2021-03-16
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Mandamus
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
13-22774
|
Parties
| Name |
ALMYR GUIMARAES
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
DITECH FINANCIAL LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
FRANK PEREZ-SIAM, AMINA M. MCNEIL
|
|
| Name |
Hon. Beatrice Butchko
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-04-13
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2021-04-13
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-03-24
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Mandamus Denied (No Response) (DA29) ~ Following review of the pro se “Petition for a Writ of Mandamus Motion to Quash Order of the Court,” it is ordered that said Petition is hereby denied.
|
|
| Docket Date |
2021-03-24
|
| Type |
Disposition by Opinion
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2021-03-23
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ Petitioner’s Motion to Correct Scrivener’s Error is granted as stated in the Motion.
|
|
| Docket Date |
2021-03-22
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petitioner deemed Insolvent (OR14G) ~ Petitioner’s Motion to Proceed In Forma Pauperis is granted and Petitioner is deemed insolvent and may proceed in forma pauperis for purposes of this cause.
|
|
| Docket Date |
2021-03-22
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ MOTION TO CORRECT SCRIVENOR'S ERROR
|
| On Behalf Of |
ALMYR GUIMARAES
|
|
| Docket Date |
2021-03-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ GUIMARAES RESPONSE TO ORDERS OR14C AND OR50
|
| On Behalf Of |
ALMYR GUIMARAES
|
|
| Docket Date |
2021-03-19
|
| Type |
Motions Other
|
| Subtype |
Motion To Appear Forma Pauperis
|
| Description |
Motion To Appear Forma Pauperis
|
| On Behalf Of |
ALMYR GUIMARAES
|
|
| Docket Date |
2021-03-16
|
| 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 |
2021-03-16
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
ALMYR GUIMARAES
|
|
| Docket Date |
2021-03-16
|
| Type |
Order
|
| Subtype |
Certificate of Service
|
| Description |
Ap/ant Ordered to File Cert. of Serv. (OR50) ~ All pleadings filed in this Court must be served on each party and contain a certificate of service stating the names and addresses of those served. See Fla. R. App. P. 9.420. Within ten (10) days from the date of this Order, the petitioner is directed to file with this Court a certificate of service indicating the addresses of all the parties in this appeal.
|
|
| Docket Date |
2021-03-16
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WW1:Waived-9.430
|
|
| Docket Date |
2021-03-16
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed ~ PETITION FOR A WRIT OF MANDAMUS MOTION TO QUASH ORDER OF THE COURT INCOMPLETE CERTIFICATE OF SERVICE PRIOR CASES: 19-1220, 19-265, 15-1934, 14-1307
|
| On Behalf Of |
ALMYR GUIMARAES
|
|
|
|
CARA WILHELM AND CAROLE DEPINTO VS WILMINGTON SAVINGS FUND SOCIETY, FSB D/B/A CHRISTIANA TRUST, NOT INDIVIDUALLY BUT AS TRUSTEE FOR PRETIUM MORTGAGE ACQUISITION TRUST AND BANK OF AMERICA, N.A.
|
5D2021-0628
|
2021-03-10
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventh Judicial Circuit, Volusia County
2018-10637-CIDL
|
Parties
| Name |
Cara Wilhelm
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Carole Depinto
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Premium Mortgage Acquisition Trust
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GREEN TREE SERVICING LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DITECH FINANCIAL LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Wilmington Savings Fund Society, FSB D/B/A Christiana Trust
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
David R. Bryars, Matthew Slowik, Michael T. Ruff
|
|
| Name |
Hon. Kathryn D. Weston
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Volusia Cty Circuit Crt Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-04-30
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD E-FILED
|
|
| Docket Date |
2021-04-30
|
| Type |
Mandate
|
| Subtype |
Notice Memorandum
|
| Description |
Notice Memorandum
|
|
| Docket Date |
2021-04-09
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2021-04-09
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Dism. Filing Fee ~ NO RESPONSE TO OTSC REQUIRED
|
|
| Docket Date |
2021-04-01
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Wilmington Savings Fund Society, FSB D/B/A Christiana Trust
|
|
| Docket Date |
2021-03-30
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order - Show Cause for failure to file amended NOA ~ AA W/IN 10 DYS
|
|
| Docket Date |
2021-03-11
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
ORD-AA to File Amended NOA ~ AA W/IN 10 DYS
|
|
| Docket Date |
2021-03-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 03/05/21
|
| On Behalf Of |
Cara Wilhelm
|
|
| Docket Date |
2021-03-10
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
ORD-From Circuit Court/Agency
|
|
| Docket Date |
2021-03-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2021-03-10
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee - Civil appeal (300)
|
|
|
|
DOMINIC FARACE VS DITECH FINANCIAL, LLC, LARRY MCDONALD a/k/a LARRY MARK MCDONALD, et al.
|
4D2021-0664
|
2021-02-01
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502017CA012100
|
Parties
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Dominic Farace
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Maikel Nagy Eskander, Charles Wender
|
|
| Name |
Wilmington Savings Fund Society, etc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LARRY MCDONALD, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DITECH FINANCIAL LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jacqueline A. Simms-Petredis, Harry Malka, Nicholas Steven Agnello, Scott J. Levine, Mark C. Krzykwa, Kelly E. McGuire
|
|
| Name |
Hon. Samantha Schosberg Feuer
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-08-09
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the August 6, 2021 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2021-08-09
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2021-08-06
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Dominic Farace
|
|
| Docket Date |
2021-06-21
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellant's amended appendix to the initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it contains bookmarks which are not in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2021-06-18
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **STRICKEN** AMENDED
|
| On Behalf Of |
Dominic Farace
|
|
| Docket Date |
2021-06-15
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Ditech Financial, LLC
|
|
| Docket Date |
2021-06-15
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Ditech Financial, LLC
|
|
| Docket Date |
2021-06-14
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **STRICKEN** AMENDED.
|
| On Behalf Of |
Dominic Farace
|
|
| Docket Date |
2021-08-11
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that appellee's June 15, 2021 motion for attorney's fees is denied as moot.
|
|
| Docket Date |
2021-06-14
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellant's amended appendix to the initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and contains no bookmarks as required by Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2021-06-09
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellant's appendix to the initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it contains no bookmarks as required by Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2021-06-08
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Dominic Farace
|
|
| Docket Date |
2021-06-08
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **STRICKEN**
|
| On Behalf Of |
Dominic Farace
|
|
| Docket Date |
2021-05-10
|
| Type |
Order
|
| Subtype |
Order on Motion For Review
|
| Description |
Order Denying Motion For Review ~ Upon consideration of appellee, Ditech Financial, LLC’s May 4, 2021 objection, it is ORDERED that appellant’s April 19, 2021 motion for review is denied. Farah Real Estate and Inv., LLC v. Bank of Miami, N.A., 59 So. 3d 208, 211 (finding that imminent transfer of possession of mortgaged properties did not impose a material injury leaving no adequate remedy on appeal).
|
|
| Docket Date |
2021-05-04
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
Objection
|
| On Behalf Of |
Ditech Financial, LLC
|
|
| Docket Date |
2021-04-19
|
| Type |
Motions Other
|
| Subtype |
Motion For Review
|
| Description |
Motion For Review
|
| On Behalf Of |
Dominic Farace
|
|
| Docket Date |
2021-04-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that this court’s March 30, 2021 order is discharged. Further,Upon consideration of appellee's April 12, 2021 objection, it is ORDERED that appellant's April 12, 2021 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 |
2021-04-15
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that appellant's April 14, 2021 reply is stricken as unauthorized.
|
|
| Docket Date |
2021-04-14
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response ~ **STRICKEN**
|
| On Behalf Of |
Dominic Farace
|
|
| Docket Date |
2021-04-12
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
Objection
|
| On Behalf Of |
Ditech Financial, LLC
|
|
| Docket Date |
2021-04-12
|
| 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 |
Dominic Farace
|
|
| Docket Date |
2021-04-01
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Ditech Financial, LLC
|
|
| Docket Date |
2021-03-30
|
| 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, on or before April 12, 2021, 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 |
2021-03-29
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
Ditech Financial, LLC
|
|
| Docket Date |
2021-03-05
|
| Type |
Order
|
| Subtype |
Order on Motion For Substitution of Counsel
|
| Description |
ORD-Grant Substitution of Counsel ~ ORDERED that pursuant to the stipulation for substitution of counsel filed March 4, 2021, Maikel N. Eskander, Esq. is substituted for Charles Wender, Esq. as counsel for appellant in the above-styled cause.
|
|
| Docket Date |
2021-03-05
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (1016 PAGES)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2021-03-04
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion For Substitution of Counsel
|
| Description |
Motion For Substitution of Counsel
|
| On Behalf Of |
Dominic Farace
|
|
| Docket Date |
2021-02-02
|
| 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 |
2021-02-02
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-02-01
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Dominic Farace
|
|
| Docket Date |
2021-02-01
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
MESMIN JEAN and LEYONNE JEAN, VS DITECH FINANCIAL LLC,
|
3D2020-1838
|
2020-12-10
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
18-21858
|
Parties
| Name |
LEYONNE JEAN
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Mesmin Jean
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
ALIX J. MONTES
|
|
| Name |
DITECH FINANCIAL LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
EVAN R. RAYMOND, HARRIS S. HOWARD
|
|
| Name |
Hon. David C. Miller
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-12-10
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2020-12-10
|
| 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 |
2020-12-10
|
| 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 December 20, 2020.
|
|
| Docket Date |
2020-12-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ CASE: 19-2389
|
| On Behalf Of |
Mesmin Jean
|
|
| Docket Date |
2021-02-24
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2021-01-27
|
| Type |
Notice
|
| Subtype |
Voluntary Dismissal
|
| Description |
Voluntary Dismissal Recognized (OG33) ~ IT IS HEREBY ORDERED that Appellants’ Notice of Voluntary Dismissal is recognized by the Court, and this appeal from the Circuit Court for Miami-Dade County, Florida, is hereby dismissed.
|
|
| Docket Date |
2021-01-27
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2021-01-27
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-01-27
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Mesmin Jean
|
|
| Docket Date |
2021-01-27
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
|
|
NEWPORT VENTURES, INC. VS DITECH FINANCIAL, LLC and JUDITH ELIZABETH HODGSON
|
4D2020-0690
|
2020-03-10
|
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
CACE13-26129
|
Parties
| Name |
NEWPORT VENTURES, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
William A. Treco
|
|
| Name |
DITECH FINANCIAL LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Laurence Edson, Nancy M. Wallace, Eric M. Levine, Robert L. Shearin, Heather Lynn Griffiths, William P. Heller
|
|
| Name |
Judith Elizabeth Hodgson
|
| 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 |
2020-04-13
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ Upon consideration of appellant’s April 3, 2020 “statement as to the basis of this court’s subject matter jurisdiction” and appellee’s April 6, 2020 response, it is ORDERED sua sponte that the above-styled appeal is dismissed for lack of jurisdiction.WARNER, KLINGENSMITH and KUNTZ, JJ., concur.
|
|
| Docket Date |
2020-04-13
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2020-04-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Ditech Financial, LLC
|
|
| Docket Date |
2020-04-06
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Ditech Financial, LLC
|
|
| Docket Date |
2020-04-03
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Newport Ventures, Inc.
|
|
| Docket Date |
2020-03-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant's March 20, 2020 motion for extension of time to file jurisdictional statement is granted in part, without prejudice to seeking an additional extension if one is necessary. Appellant shall file the jurisdictional statement within fifteen (15) days from the current due date.
|
|
| Docket Date |
2020-03-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that "appellee's unopposed motion for extension of time to file notice of cross-appeal," filed in this court on March 16, 2020, is granted. Further, ORDERED that appellee may file a notice of cross-appeal within five (5) days after this court determines its jurisdiction over the order attached to appellant's notice of appeal.
|
|
| Docket Date |
2020-03-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO FILE STATEMENT FOR BASIS OF JURISDICTION
|
| On Behalf Of |
Newport Ventures, Inc.
|
|
| Docket Date |
2020-03-17
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Newport Ventures, Inc.
|
|
| Docket Date |
2020-03-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO FILE NOTICE OF CROSS-APPEAL
|
| On Behalf Of |
Ditech Financial, LLC
|
|
| Docket Date |
2020-03-13
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Ditech Financial, LLC
|
|
| Docket Date |
2020-03-13
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that within ten (10) days from the date of this order appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the "order on motion to compel redemption amount" is appealable pursuant to Florida Rule of Appellate Procedure 9.130, which directs appeal proceedings of appealable nonfinal orders. Further, appellee may file a response within ten (10) days of service of that statement; furtherAppellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2020-03-11
|
| 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 |
2020-03-11
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-03-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Newport Ventures, Inc.
|
|
| Docket Date |
2020-03-10
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
MARIA TERESA ABARCA AND SERGIO CELESTINO CRUZ BANOS VS DITECH FINANCIAL LLC
|
2D2020-0839
|
2020-03-06
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
2019-CA-004652-000 I-XX
|
Parties
| Name |
SERGIO CELESTINO CRUZ BANOS
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MARIA TERESA ABARCA
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
COLETTE J. KELLERHOUSE - WRIGHT, ESQ.
|
|
| Name |
DITECH FINANCIAL LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ROSEMARIE WILDMAN, ESQ., DAVID Y. ROSENBERG, ESQ.
|
|
| Name |
HONORABLE ELIZABETH V. KRIER
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
COLLIER CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-07-01
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDER GRANTING VOLUNTARY DISMISSAL
|
|
| Docket Date |
2020-07-01
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2020-07-01
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2020-06-30
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
MARIA TERESA ABARCA
|
|
| Docket Date |
2020-04-15
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion-79 ~ Appellants’ motion to stay is treated as a motion to hold appeal in abeyance, and is granted. The appeal shall be held in abeyance until June 30, 2020, at which time the appellants shall either file a notice of voluntary dismissal, the initial brief or a status report on the proceedings.
|
|
| Docket Date |
2020-04-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO APPELLANTS' MOTION TO STAY
|
| On Behalf Of |
DITECH FINANCIAL LLC
|
|
| Docket Date |
2020-04-06
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
DITECH FINANCIAL LLC
|
|
| Docket Date |
2020-04-01
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ KRIER - 68 PAGES
|
|
| Docket Date |
2020-03-27
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
generic response order ~ Appellee shall file a response to the motion to stay within 15 days of this order.
|
|
| Docket Date |
2020-03-27
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ **Treated as a motion to hold appeal in abeyance**(see 4/15/20 ord)
|
| On Behalf Of |
MARIA TERESA ABARCA
|
|
| Docket Date |
2020-03-10
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
MARIA TERESA ABARCA
|
|
| Docket Date |
2020-03-09
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2020-03-09
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2020-03-06
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ WITH ORDER
|
| On Behalf Of |
MARIA TERESA ABARCA
|
|
| Docket Date |
2020-03-06
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
ALEX M QUINONES and LUCY RIBAUDO-QUINONES a/k/a LUCY RIBAUDO VS BANK OF NEW YORK MELLON, et al.
|
4D2019-3941
|
2019-12-26
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502018CA004627 AF
|
Parties
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ALEX M QUINONES
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Corey Zinman, Kendrick Almaguer
|
|
| Name |
LUCY RIBAUDO-QUINONES
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
BANK OF NEW YORK MELLON
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Allegra Knopf, Samuel Landol, Jr., Zachary Ullman, Vanessa Dawn Sloat-Rogers, Jonathan Jacobson, Jerome R. Schechter, Matthew Forbes Braunschweig, Jennifer Travieso, Matthew A. Ciccio
|
|
| Name |
DITECH FINANCIAL LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CANYON LAKES HOMEOWNERS ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Roger B. Colton
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-06-19
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
BANK OF NEW YORK MELLON
|
|
| Docket Date |
2023-06-26
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that the motion for attorney’s fees filed by Jonathan Levy, Esq., counsel for appellants, is denied. Further, ORDERED that the June 24, 2020 request for oral argument is denied as moot.
|
|
| Docket Date |
2023-06-20
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2020-07-17
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
Grant Motion Serve Amended Brief ~ ORDERED that appellee’s June 19, 2020 “motion to strike appellants’ initial brief for failure to comply with rule 9.210 and for sanctions” is granted, and the initial brief filed on June 17, 2020 is stricken from the docket. Further, ORDERED that appellants' June 23, 2020 “motion for leave to file amended initial brief to correct scriveners errors” is granted, and appellants shall file an amended initial brief within ten (10) days from the date of this order. The time for any responsive briefing shall be tolled until service of this amended brief.
|
|
| Docket Date |
2023-06-20
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Granting Aplee's Motion to Dismiss ~ ORDERED that, upon consideration of appellants’ June 5, 2023 response, appellee’s May 1, 2023 motion to dismiss is granted. See Montgomery v. Dep't of Health & Rehab. Servs., 468 So. 2d 1014, 1016 (Fla. 1st DCA 1985) (“A case becomes moot, for purposes of appeal, where, by a change of circumstances prior to the appellate decision, an intervening event makes it impossible for the court to grant a party any effectual relief”); see also Kuehlman v. Bank of Am., N.A., 177 So. 3d 1282, 1283 (Fla. 5th DCA 2015) (explaining that where the parties entered a modification agreement following breach of the original mortgage, the lender could only foreclose by alleging and proving a breach of the modification agreement).KLINGENSMITH, C.J., FORST and ARTAU, JJ., concur.
|
|
| Docket Date |
2023-06-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLEE'S MOTION TO DISMISS
|
| On Behalf Of |
ALEX M QUINONES
|
|
| Docket Date |
2023-05-24
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellant to File Response ~ ORDERED that appellants are directed to respond, within ten (10) days from the date of this order, to appellees’ May 1, 2023 motion to dismiss.
|
|
| Docket Date |
2023-05-01
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
BANK OF NEW YORK MELLON
|
|
| Docket Date |
2023-04-28
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ & DIRECTIONS TO CLERK TO UPDATE INFORMATION
|
| On Behalf Of |
ALEX M QUINONES
|
|
| Docket Date |
2023-04-17
|
| Type |
Order
|
| Subtype |
Order re Stay
|
| Description |
Stay is lifted, case to proceed ~ ORDERED that, upon consideration of appellants’ April 14, 2023 notice of filing, the stay is lifted. Appellees shall file the answer brief within twenty (20) days from the date of this order.
|
|
| Docket Date |
2023-04-14
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing
|
| On Behalf Of |
ALEX M QUINONES
|
|
| Docket Date |
2023-04-05
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF COMPLIANCE
|
| On Behalf Of |
ALEX M QUINONES
|
|
| Docket Date |
2023-03-22
|
| Type |
Order
|
| Subtype |
Show Cause re Bankruptcy
|
| Description |
Order on Suggestion of Bankruptcy ~ A suggestion of bankruptcy having been filed, it is ORDERED that the parties shall, within fourteen (14) days from the date of this order, request that the United States Bankruptcy Court issue an order stating whether this appeal should be stayed pursuant to 11 U.S.C. § 362(a) or any other provision of the United States Bankruptcy Code. See, e.g., In re Hill, 364 B.R. 826, 828 (Bankr. M.D. Fla. 2007) (“Comfort orders serve a valuable purpose. The orders are entered primarily for a third party’s benefit, often to help a sister state court attempting to determine whether it can proceed with a pending action, such as a foreclosure.”). Upon the filing of the request in the United States Bankruptcy Court, the parties shall file a notice of compliance with this Court. Further, should the United States Bankruptcy Court enter an order on the parties’ request, the parties shall file a copy of the order with this Court within five (5) days of issuance of that order.
|
|
| Docket Date |
2023-03-21
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that appellants are directed to file a status report, within ten (10) days from the date of this order, regarding the pending bankruptcy proceedings.
|
|
| Docket Date |
2023-03-21
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
ALEX M QUINONES
|
|
| Docket Date |
2022-12-20
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO ORDER FOR STATUS REPORT
|
| On Behalf Of |
ALEX M QUINONES
|
|
| Docket Date |
2022-09-19
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
ALEX M QUINONES
|
|
| Docket Date |
2022-06-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO ORDER FOR STATUS REPORT
|
| On Behalf Of |
ALEX M QUINONES
|
|
| Docket Date |
2022-04-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
ALEX M QUINONES
|
|
| Docket Date |
2022-01-18
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
ALEX M QUINONES
|
|
| Docket Date |
2021-10-18
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
ALEX M QUINONES
|
|
| Docket Date |
2021-10-08
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that appellants are directed to file a status report, within ten (10) days from the date of this order, regarding the pending bankruptcy proceedings.
|
|
| Docket Date |
2021-07-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO ORDER FOR STATUS REPORT
|
| On Behalf Of |
ALEX M QUINONES
|
|
| Docket Date |
2021-07-09
|
| 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 18, 2021 order.
|
|
| Docket Date |
2021-06-18
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that appellants are directed to file a status report, within ten (10) days fromthe date of this order, regarding the pending bankruptcy proceedings.
|
|
| Docket Date |
2021-03-19
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
ALEX M QUINONES
|
|
| Docket Date |
2021-03-09
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that appellants are directed to file a status report, within ten (10) days from the date of this order, regarding the pending bankruptcy proceedings.
|
|
| Docket Date |
2020-12-07
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ AMENDED
|
| On Behalf Of |
ALEX M QUINONES
|
|
| Docket Date |
2020-11-25
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order to File Status Report ~ ORDERED that appellants are directed to file a status report, within ten (10) days from the date of this order, regarding the pending bankruptcy proceedings.
|
|
| Docket Date |
2020-08-26
|
| Type |
Order
|
| Subtype |
Order Bankruptcy
|
| Description |
ORD-Case Stayed Pending Bankruptcy ~ A suggestion of bankruptcy having been filed, and it appearing that no cause exists as to why the entire above-styled appeal should not be stayed by virtue of 11 U.S.C. § 362, it is ORDERED that:This appeal is stayed. If the bankruptcy case becomes closed, dismissed, or modified to permit this appeal to proceed, then appellant Lucy Ribaudo-Quinones shall promptly, and in no event later than twenty (20) days after the event has occurred, notify this court in writing that this appeal may proceed.Unless this appeal is voluntarily dismissed, appellant Lucy Ribaudo-Quinones, within ninety (90) days from the date of this order, and then every ninety (90) days thereafter, shall notify this court as to the status of the bankruptcy case.
|
|
| Docket Date |
2020-07-31
|
| Type |
Order
|
| Subtype |
Show Cause re Bankruptcy
|
| Description |
Order on Suggestion of Bankruptcy ~ A suggestion of bankruptcy having been filed, it is ORDERED that all parties shall show cause in writing, if any there be, within twenty (20) days from the date of this order, why the entire above-styled appeal should not be stayed by virtue of 11 U.S.C. § 362. If a party believes that no such cause exists, that party need not file a response.
|
|
| Docket Date |
2020-07-30
|
| Type |
Notice
|
| Subtype |
Suggestion of Bankruptcy
|
| Description |
Suggestion of Bankruptcy
|
| On Behalf Of |
BANK OF NEW YORK MELLON
|
|
| Docket Date |
2020-07-20
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief
|
| On Behalf Of |
ALEX M QUINONES
|
|
| Docket Date |
2020-06-24
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
ALEX M QUINONES
|
|
| Docket Date |
2020-06-24
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
ALEX M QUINONES
|
|
| Docket Date |
2020-06-23
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief
|
| On Behalf Of |
ALEX M QUINONES
|
|
| Docket Date |
2020-06-17
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ **STRICKEN FROM DOCKET**
|
| On Behalf Of |
ALEX M QUINONES
|
|
| Docket Date |
2020-06-16
|
| 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 |
2020-06-03
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
ALEX M QUINONES
|
|
| Docket Date |
2020-06-03
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that appellants’ June 1, 2020 renewed motion to supplement the record is granted, and the record is supplemented to include the November 20, 2019 non-jury trial transcript. Said supplemental record is deemed filed as of the date of this order. Further, ORDERED that appellants’ June 1, 2020 motion for extension of time is granted, and appellants shall serve the initial brief within five (5) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2020-06-01
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
ALEX M QUINONES
|
|
| Docket Date |
2020-06-01
|
| 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 |
ALEX M QUINONES
|
|
| Docket Date |
2020-05-28
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
BANK OF NEW YORK MELLON
|
|
| Docket Date |
2020-04-29
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 06/01/2020
|
|
| Docket Date |
2020-04-29
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
ALEX M QUINONES
|
|
| Docket Date |
2020-03-31
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-deny motion to supplement per 9.300(a) ~ ORDERED that appellants’ March 30, 2020 motion to supplement the record is denied without prejudice for failure to comply with Florida Rule of Appellate Procedure 9.300(a). See also this court's Notice to Attorneys and to Parties Representing Themselves, Paragraph 1.
|
|
| Docket Date |
2020-03-30
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
ALEX M QUINONES
|
|
| Docket Date |
2020-03-30
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
ALEX M QUINONES
|
|
| Docket Date |
2020-03-30
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 05/02/2020
|
|
| Docket Date |
2020-03-02
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 04/02/2020
|
|
| Docket Date |
2020-03-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
ALEX M QUINONES
|
|
| Docket Date |
2020-02-12
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 769 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2020-01-23
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
BANK OF NEW YORK MELLON
|
|
| Docket Date |
2019-12-30
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
ALEX M QUINONES
|
|
| Docket Date |
2019-12-27
|
| 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 |
2019-12-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-12-26
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-12-26
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
ALEX M QUINONES
|
|
|
|
MESMIN JEAN and LEYONNE JEAN, VS DITECH , et al.,
|
3D2019-2389
|
2019-12-10
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
18-21858
|
Parties
| Name |
Mesmin Jean
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
ALIX J. MONTES
|
|
| Name |
DITECH FINANCIAL LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
HARRIS S. HOWARD, TABITHA S. ETLINGER, Adam G. Schwartz, EVAN R. RAYMOND
|
|
| Name |
Hon. David C. Miller
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-02-24
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-02-24
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2020-02-13
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2020-02-04
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Appeal Dismissed by the Court (DA11) ~ Upon consideration of the appellee VRMTG Asset Trust’s Motion to Dismiss the Appeal and the appellants’ Response thereto, it is ordered that the above-styled appeal is hereby dismissed.
|
|
| Docket Date |
2020-02-04
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2020-01-27
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
OBJECTION ~ APPELLANT'S OBJECTION TO DISMISSAL
|
| On Behalf Of |
Mesmin Jean
|
|
| Docket Date |
2020-01-17
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
DITECH FINANCIAL LLC
|
|
| Docket Date |
2020-01-17
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
DITECH FINANCIAL LLC
|
|
| Docket Date |
2020-01-17
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIXAPPELLEE VRMTG ASSET TRUST'S MOTION TO DISMISS APPEAL
|
| On Behalf Of |
DITECH FINANCIAL LLC
|
|
| Docket Date |
2019-12-17
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Mesmin Jean
|
|
| Docket Date |
2019-12-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Mesmin Jean
|
|
| Docket Date |
2019-12-10
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-12-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
|
