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ISABEL HOWARD, Appellant(s) v. SPECIALIZED LOAN SERVICING, LLC, Appellee(s).
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4D2024-3160
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2024-12-10
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Open
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| Classification |
NOA Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE22-017312
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Parties
| Name |
Isabel Howard
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| Role |
Appellant
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| Status |
Active
|
|
| Name |
SPECIALIZED LOAN SERVICING LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Ivy J. Taub, Monica Darrow, David Rosenberg
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|
| Name |
Hon. Gary Michael Farmer, Jr.
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| Role |
Judge/Judicial Officer
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| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-12-31
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
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| On Behalf Of |
Specialized Loan Servicing, LLC
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|
| Docket Date |
2024-12-27
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| Type |
Notice
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| Subtype |
Notice
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| Description |
Notice Regarding Lack of Assigned Appellee Attorney
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| On Behalf Of |
Isabel Howard
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| Docket Date |
2024-12-27
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Brief
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| View |
View File
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| Docket Date |
2024-12-16
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| Type |
Order
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| Subtype |
Order to File Response re Jurisdiction
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| Description |
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 November 6, 2024 "Omnibus Order Denying Defendant's Pending Motions" is an appealable nonfinal or final order as it does not appear to fall within the enumerated, appealable nonfinal orders per Florida Rule of Appellate Procedure 9.130, and it does not enter judgment for or against a party or otherwise appear to conclude the judicial labor in the cause such that jurisdiction would lie under Florida Rule of Appellate Procedure 9.110. See Fla. R. App. P. 9.130, 9.110; see also Clearwater Fed. Sav. & Loan Ass'n v. Sampson, 336 So. 2d 78, 79 (Fla. 1976) ("[w]here an order after judgment is dispositive of any question, it becomes a final post decretal order."); further Appellee may file a response within ten (10) days of service of that statement.
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| View |
View File
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| Docket Date |
2024-12-10
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| View |
View File
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|
| Docket Date |
2024-12-10
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| Type |
Misc. Events
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| Subtype |
Determination of Indigency/LT Order Insolvency
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| Description |
Determination of Indigency/LT Order Insolvency
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|
| Docket Date |
2024-12-10
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal
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CARLOS AGUERA and ANA AGUERA, Appellant(s) v. SPECIALIZED LOAN SERVICING, LLC, Appellee(s).
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4D2024-2868
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2024-11-08
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Open
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| Classification |
NOA Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE24002648
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Parties
| Name |
Carlos Aguera
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| Role |
Appellant
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| Status |
Active
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| Representations |
Joseph Asher Davidow
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|
| Name |
Ana Aguera
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| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Hon. Gary Michael Farmer, Jr.
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| Role |
Judge/Judicial Officer
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| Status |
Active
|
|
| Name |
Broward Clerk
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| Role |
Lower Tribunal Clerk
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| Status |
Active
|
|
| Name |
SPECIALIZED LOAN SERVICING LLC
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| Role |
Appellee
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| Status |
Active
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| Representations |
Darren John Devlin, David Robert Byars, Donna Sue Glick, Richard Slaughter McIver
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Docket Entries
| Docket Date |
2024-11-08
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
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| View |
View File
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|
| Docket Date |
2024-11-08
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| Type |
Notice
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| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-12-02
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
Specialized Loan Servicing, LLC
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|
| Docket Date |
2024-11-08
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| Type |
Miscellaneous Document
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| Subtype |
Pay Case Filing Fee-300
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| Description |
Pay Case Filing Fee-300
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| On Behalf Of |
Carlos Aguera
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| View |
View File
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ROBERT P. AMATRONE, Appellant(s) v. SPECIALIZED LOAN SERVICING, LLC, Appellee(s).
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4D2024-2612
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2024-10-11
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Closed
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| Classification |
NOA Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502023CA013440
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Parties
| Name |
Robert Amatrone
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| Role |
Appellant
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| Status |
Active
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|
| Name |
Hon. Luis Delgado, Jr.
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| Role |
Judge/Judicial Officer
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| Status |
Active
|
|
| Name |
Palm Beach Clerk
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| Role |
Lower Tribunal Clerk
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| Status |
Active
|
|
| Name |
SPECIALIZED LOAN SERVICING LLC
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| Role |
Appellee
|
| Status |
Active
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| Representations |
Donna Sue Glick, Richard Slaughter McIver
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Docket Entries
| Docket Date |
2024-10-30
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| Type |
Notice
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| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
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| On Behalf Of |
Specialized Loan Servicing, LLC
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|
| Docket Date |
2024-10-28
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| Type |
Order
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| Subtype |
Order to File Response re Jurisdiction
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| Description |
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 October 8, 2024 "Order on Motion to Dismiss Plaintiff's Amended Complaint" is a final or nonfinal appealable order, as it states that the dismissal is without prejudice and plaintiff may file a second amended complaint. See Fla. R. App. P. 9.110, 9.130; see also Al-Hakim v. Big Lots Stores, Inc., 161 So. 3d 568 (Fla. 2d DCA 2014) ("Generally, when an order dismisses a complaint 'without prejudice,' that language signifies that the order is not a final order."); Bushweiler v. Levine, 476 So. 2d 725 (Fla. 4th DCA 1985) (dismissing appeal from an order dismissing case without prejudice because it failed to contain "magic words demonstrating finality" and did not qualify under Florida Rule of Appellate Procedure 9.130 as an appealable non-final order); Liebman v. Miami-Dade Cnty. Code Compliance Office, 54 So. 3d 1043 (Fla. 3d DCA 2011) ("We lack jurisdiction to review the two orders granting motions to dismiss the complaint without prejudice to amend. These orders are non-final and non-appealable."); Hinote v. Ford Motor Co., 958 So. 2d 1009, 1010 (Fla. 1st DCA 2007) ("An order that dismisses an action 'without prejudice' may or may not be a final order depending on whether it unequivocally disposes of the case."). Further, Appellee may file a response within ten (10) days of service of that statemen
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| View |
View File
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| Docket Date |
2024-10-24
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| Type |
Misc. Events
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| Subtype |
Miscellaneous Trial Court Order
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| Description |
Order on Motion to Dismiss Plaintiff's Amended Complaint
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| On Behalf Of |
Robert Amatrone
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| Docket Date |
2024-10-22
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| Type |
Misc. Events
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| Subtype |
Determination of Indigency/LT Order Insolvency
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| Description |
Determination of Indigency/LT Order Insolvency
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| On Behalf Of |
Palm Beach Clerk
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| Docket Date |
2024-10-11
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| View |
View File
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| Docket Date |
2024-10-11
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| Type |
Order
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| Subtype |
Amended/Additional Filing(s) Needed
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| Description |
ORDERED that Appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order being appealed. See Fla. R. App. P. 9.110(d). This copy must contain a legible stamp from the clerk of the lower tribunal, showing the date and time the order being appealed was filed in that office.
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| View |
View File
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| Docket Date |
2024-10-11
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| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-11-20
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
ORDERED sua sponte that the above-styled appeal is dismissed for lack of jurisdiction. See Fla. R. App. P. 9.110, 9.130; see also Al-Hakim v. Big Lots Stores, Inc., 161 So. 3d 568 (Fla. 2d DCA 2014) ("Generally, when an order dismisses a complaint 'without prejudice,' that language signifies that the order is not a final order."); Bushweiler v. Levine, 476 So. 2d 725 (Fla. 4th DCA 1985) (dismissing appeal from an order dismissing case without prejudice because it failed to contain "magic words demonstrating finality" and did not qualify under Florida Rule of Appellate Procedure 9.130 as an appealable non-final order); Liebman v. Miami-Dade Cnty. Code Compliance Office, 54 So. 3d 1043 (Fla. 3d DCA 2011) ("We lack jurisdiction to review the two orders granting motions to dismiss the complaint without prejudice to amend. These orders are non-final and non-appealable."); Hinote v. Ford Motor Co., 958 So. 2d 1009, 1010 (Fla. 1st DCA 2007) ("An order that dismisses an action 'without prejudice' may or may not be a final order depending on whether it unequivocally disposes of the case.").
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| View |
View File
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| Docket Date |
2024-10-21
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| 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 (2024), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY. ORDERED, Appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of the entry of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal - see the court's website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. If Appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, Appellant shall file a copy of that order in this court. If Appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, Appellant shall complete the enclosed application and mail to the clerk of the lower tribunal within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The clerk of the lower tribunal shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of Appellant to comply with this order will result in the dismissal of this appeal. **NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
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View File
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ROBERT AMATRONE, Appellant(s) v. BANK OF AMERICA, N.A., Appellee(s).
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4D2024-2603
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2024-10-08
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Closed
|
|
| Classification |
NOA Final - County Civil - Other
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| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502023CC010125XXXX
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Parties
| Name |
Robert Amatrone
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
SPECIALIZED LOAN SERVICING LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Joseph Andrew Apatov
|
|
| Name |
Ori Feistmann Silver
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Bank of America, N.A.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jessica Ann Vossekuil, Tricia Julie Duthiers
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Docket Entries
| Docket Date |
2024-10-31
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Bank of America, N.A.
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|
| Docket Date |
2024-10-24
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| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigency/LT Order Insolvency
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| On Behalf Of |
Robert Amatrone
|
|
| Docket Date |
2024-10-11
|
| Type |
Order
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| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
ORDERED that Appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order being appealed. See Fla. R. App. P. 9.110(d). This copy must contain a legible stamp from the clerk of the lower tribunal, showing the date and time the order being appealed was filed in that office.
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| View |
View File
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| Docket Date |
2024-10-11
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| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-10-11
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-11-20
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDERED sua sponte that the above-styled appeal is dismissed for lack of jurisdiction. See Fla. R. App. P. 9.110, 9.130; see also Al-Hakim v. Big Lots Stores, Inc., 161 So. 3d 568 (Fla. 2d DCA 2014) ("Generally, when an order dismisses a complaint 'without prejudice,' that language signifies that the order is not a final order."); Bushweiler v. Levine, 476 So. 2d 725 (Fla. 4th DCA 1985) (dismissing appeal from an order dismissing case without prejudice because it failed to contain "magic words demonstrating finality" and did not qualify under Florida Rule of Appellate Procedure 9.130 as an appealable non-final order); Liebman v. Miami-Dade Cnty. Code Compliance Office, 54 So. 3d 1043 (Fla. 3d DCA 2011) ("We lack jurisdiction to review the two orders granting motions to dismiss the complaint without prejudice to amend. These orders are non-final and non-appealable."); Hinote v. Ford Motor Co., 958 So. 2d 1009, 1010 (Fla. 1st DCA 2007) ("An order that dismisses an action 'without prejudice' may or may not be a final order depending on whether it unequivocally disposes of the case.").
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| View |
View File
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| Docket Date |
2024-10-28
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| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
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| Description |
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 October 8, 2024 "Order on Motion to Dismiss Plaintiff's Amended Complaint" is a final or nonfinal appealable order, as it states that the dismissal is without prejudice and plaintiff may file a second amended complaint. See Fla. R. App. P. 9.110, 9.130; see also Al-Hakim v. Big Lots Stores, Inc., 161 So. 3d 568 (Fla. 2d DCA 2014) ("Generally, when an order dismisses a complaint 'without prejudice,' that language signifies that the order is not a final order."); Bushweiler v. Levine, 476 So. 2d 725 (Fla. 4th DCA 1985) (dismissing appeal from an order dismissing case without prejudice because it failed to contain "magic words demonstrating finality" and did not qualify under Florida Rule of Appellate Procedure 9.130 as an appealable non-final order); Liebman v. Miami-Dade Cnty. Code Compliance Office, 54 So. 3d 1043 (Fla. 3d DCA 2011) ("We lack jurisdiction to review the two orders granting motions to dismiss the complaint without prejudice to amend. These orders are non-final and non-appealable."); Hinote v. Ford Motor Co., 958 So. 2d 1009, 1010 (Fla. 1st DCA 2007) ("An order that dismisses an action 'without prejudice' may or may not be a final order depending on whether it unequivocally disposes of the case."). Further, Appellees may file a response within ten (10) days of service of that statement.
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| View |
View File
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Cinda L. Hart, Appellant(s) v. Specialized Loan Servicing, LLC, Appellee(s).
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2D2024-2220
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2024-09-19
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Closed
|
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| Classification |
NOA Final - Circuit Civil - Foreclosure
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| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pasco County
16-CA-2554
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Parties
| Name |
Cinda L. Hart
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
SPECIALIZED LOAN SERVICING LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Declan P Mansfield
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Pasco Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-18
|
| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
This proceeding is dismissed based on Appellant's failure to satisfy this court's September 19, 2024, fee order.
NORTHCUTT, CASANUEVA, and ATKINSON, JJ., Concur.
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| View |
View File
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| Docket Date |
2024-09-19
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| View |
View File
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| Docket Date |
2024-09-19
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
W/ORDER
|
| On Behalf Of |
Cinda L. Hart
|
|
| Docket Date |
2024-09-19
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| Type |
Order
|
| Subtype |
Order on Filing Fee
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| Description |
This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes.
Appellant shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding Appellant insolvent pursuant to section 57.081, Florida Statutes, within forty days from the date of this order.
If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
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| View |
View File
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