|
Felicio Abreu, et al., Appellant(s), v. Aurora Loan Services, LLC, et al., Appellee(s).
|
3D2023-1319
|
2023-07-21
|
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
07-25443
|
Parties
| Name |
Felicio Abreu
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Enrique Nieves, III, Jeffrey Howard Papell, Barbara Sanjurjo
|
|
| Name |
Yovana Abreu
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Raoul D Garcia
|
|
| Name |
U.S. Bank, N.A.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Albertelli Law, Alec Peyton Hayes, Anthony Joseph Calenzo
|
|
| Name |
Hon. Maria de Jesus Santovenia
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
AURORA LOAN SERVICES LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Nathaniel D. Callahan, Cary Alan Lubetsky, Eric Marc Levine, John W. Salmon
|
|
Docket Entries
| Docket Date |
2024-02-28
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Felicio Abreu
|
|
| Docket Date |
2024-02-28
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Felicio Abreu
|
|
| Docket Date |
2024-07-26
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
U.S. Bank, N.A.
|
| View |
View File
|
|
| Docket Date |
2024-06-06
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-06-06
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-05-15
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Upon consideration of Appellants' Motion for Appellate Fees and Costs, it is ordered that said Motion is granted and remanded, subject to Appellants prevailing in the case below.
LOGUE, C.J., and LINDSEY and GORDO, JJ., concur.
|
| View |
View File
|
|
| Docket Date |
2024-05-15
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed.
|
| View |
View File
|
|
| Docket Date |
2024-03-21
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Upon consideration, Appellant's Request for Oral Argument is hereby denied.
|
| View |
View File
|
|
| Docket Date |
2024-03-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Aurora Loan Services, LLC
|
|
| Docket Date |
2024-02-28
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief of Appellant
|
| On Behalf Of |
Felicio Abreu
|
| View |
View File
|
|
| Docket Date |
2024-02-06
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Whereas the time for compliance with this Court's December 19,
2023, Order has expired, the condensed transcripts remain stricken and
shall not be considered by the Court.
|
| View |
View File
|
|
| Docket Date |
2024-01-30
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
Aurora Loan Services, LLC
|
| View |
View File
|
|
| Docket Date |
2023-12-26
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Felicio Abreu
|
| View |
View File
|
|
| Docket Date |
2023-12-18
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Record
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2023-12-18
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Appellant Felicio Abreu's Unopposed Motion to Supplement the
Record, filed on December 15, 2023, is granted, and the clerk of the trial
court is directed to supplement the record on appeal with the transcript as
stated in said Motion.
Order on Motion to Supplement Record
|
| View |
View File
|
|
| Docket Date |
2023-12-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time Initial Brief -30 days to 01/08/2024(GRANTED)
|
| On Behalf Of |
Felicio Abreu
|
|
| Docket Date |
2023-12-15
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement Record
|
| On Behalf Of |
Felicio Abreu
|
|
| Docket Date |
2023-12-15
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Pursuant to the time schedule provided in the Florida Rules of Appellate Procedure, the time for filing the initial brief has expired. This cause will be subject to dismissal unless the document referred to is filed within ten (10) days from the date of this Order, or within said time the Court is otherwise notified that this matter is being diligently prosecuted.
|
| View |
View File
|
|
| Docket Date |
2023-11-27
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time - 10 days to December 7, 2023
|
| On Behalf Of |
Felicio Abreu
|
|
| Docket Date |
2023-10-02
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2023-09-28
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Order on Agreed Extension of Time- IB - 60 days to 11/27/2023.
|
| On Behalf Of |
Felicio Abreu
|
| View |
View File
|
|
| Docket Date |
2023-09-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
Felicio Abreu
|
|
| Docket Date |
2023-09-28
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Notice of Extension of Time to Serve Initial Brief
|
| On Behalf Of |
Felicio Abreu
|
|
| Docket Date |
2023-09-04
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Aurora Loan Services, LLC
|
|
| Docket Date |
2023-07-27
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Felicio Abreu
|
|
| Docket Date |
2023-07-27
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ Certificate of Service
|
| On Behalf Of |
Felicio Abreu
|
|
| Docket Date |
2023-07-21
|
| 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 |
2023-07-21
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ INCOMPLETE CERTIFICATE OF SERVICE
|
| On Behalf Of |
Felicio Abreu
|
|
| Docket Date |
2023-07-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-07-21
|
| 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 July 31, 2023.
|
|
| Docket Date |
2023-12-19
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Upon review of the record/affidavits filed in this case, the Court
has determined that condensed transcripts fail to comply with the
requirements of Florida Rules of Appellate Procedure 9.200(b)(4) and
9.220(c)(4). Any such condensed transcripts filed after January 1, 2019, are
hereby stricken. The responsible party (the party who seeks to have the
transcripts considered by this Court) shall file transcripts that comply with the
Florida Rules of Appellate Procedure within thirty (30) days from the date of
this Order.
Order
|
| View |
View File
|
|
|
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JOHN KORMAN VS AURORA LOAN SERVICES, LLC, etc.
|
4D2021-0927
|
2021-02-26
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502009CA017057
|
Parties
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
John Korman
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PARKSIDE AT BOCA TRAIL COMMUNITY ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Wells Fargo Bank, N.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
AURORA LOAN SERVICES LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Franklin G. Cosmen, Jr., Jacqueline A. Simms-Petredis, Adam J. Knight
|
|
| Name |
Hon. Paige Hardy Gillman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-06-04
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-06-04
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-05-13
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2021-04-20
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
John Korman
|
|
| Docket Date |
2021-04-15
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Aurora Loan Services, LLC
|
|
| Docket Date |
2021-04-14
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Aurora Loan Services, LLC
|
|
| Docket Date |
2021-04-14
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellee’s appendix to the answer 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 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 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 |
2021-04-14
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Aurora Loan Services, LLC
|
|
| Docket Date |
2021-04-05
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
Aurora Loan Services, LLC
|
|
| Docket Date |
2021-04-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee’s April 5, 2021 motion for extension of time is granted, and appellee shall serve the answer brief within fourteen (14) days from the date of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee’s right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2021-03-12
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
John Korman
|
|
| Docket Date |
2021-03-12
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
John Korman
|
|
| Docket Date |
2021-03-04
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF RELATED CASE OR ISSUE
|
| On Behalf Of |
John Korman
|
|
| Docket Date |
2021-03-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-02-26
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
| Docket Date |
2021-02-26
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
John Korman
|
|
|
|
ROBERT MOISE, et al., VS NATIONSTAR MORTGAGE LLC,
|
3D2020-0236
|
2020-01-31
|
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
10-30293
|
Parties
| Name |
ROBERT MOISE
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Mark L. Pomeranz
|
|
| Name |
MARIE MOISE
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
AURORA LOAN SERVICES LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Eric M. Levine, William P. Heller, SHANE FULLER, Nancy M. Wallace
|
|
| Name |
HON. ALEXANDER BOKOR
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Bertila Soto
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-03-17
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Upon consideration, Appellee’s Motion to Dismiss Appeal for Frivolity is carried with the case. SALTER, LINDSEY and MILLER, JJ., concur.
|
|
| Docket Date |
2020-10-02
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-10-02
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-09-09
|
| Type |
Motion
|
| Subtype |
Attorney's Fees
|
| Description |
Attorneys fees denied (OD47) ~ Upon consideration of Appellants’ Motion for Attorney’s Fees and Costs, it is ordered that said Motion is hereby denied.
|
|
| Docket Date |
2020-09-09
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion to Dismiss Denied (OD32) ~ Upon consideration, Appellee’s Motion to Dismiss Appeal for Frivolity is hereby denied.
|
|
| Docket Date |
2020-09-09
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Citation
|
|
| Docket Date |
2020-08-28
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Order Denying ORAL ARGUMENT ~ Upon consideration, the appellants’ Request for Oral Argument is hereby denied.
|
|
| Docket Date |
2020-07-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S RESPONSE TO APPELLANT'S MOTIONFOR ATTORNEY'S FEES AND COSTS
|
| On Behalf Of |
AURORA LOAN SERVICES LLC
|
|
| Docket Date |
2020-07-29
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
ROBERT MOISE
|
|
| Docket Date |
2020-07-29
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLANT'S MOTION FOR ATTORNEY'S FEES AND COSTS
|
| On Behalf Of |
ROBERT MOISE
|
|
| Docket Date |
2020-07-27
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
ROBERT MOISE
|
|
| Docket Date |
2020-07-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Extension granted to file reply brief (OG05) ~ Appellants’ Unopposed Motion for Time Enlargement is granted to and including July 27, 2020.
|
|
| Docket Date |
2020-07-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ APPELLANTS' UNOPPOSED MOTION FOR TIME ENLARGEMENT
|
| On Behalf Of |
ROBERT MOISE
|
|
| Docket Date |
2020-06-17
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
AURORA LOAN SERVICES LLC
|
|
| Docket Date |
2020-05-29
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
ROBERT MOISE
|
|
| Docket Date |
2020-05-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ IB-30 days to 5/29/20
|
|
| Docket Date |
2020-04-30
|
| 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 |
ROBERT MOISE
|
|
| Docket Date |
2020-04-07
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2020-03-13
|
| Type |
Brief
|
| Subtype |
Memorandum Brief
|
| Description |
Memorandum Brief ~ APPELLANTS' RESPONSE TO APPELLEE'S MOTION TO DISMISS THE INSTANT APPEAL FOR FRIVOLITY
|
| On Behalf Of |
ROBERT MOISE
|
|
| Docket Date |
2020-03-02
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ Appellee’s Unopposed Motion to Correct Appellee’s Name and Change Case Caption is granted as stated in the Motion.
|
|
| Docket Date |
2020-02-27
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ APPELLEE'S UNOPPOSED MOTION TO CORRECTAPPELLEE'S NAME AND CHANGE CASE CAPTION
|
| On Behalf Of |
AURORA LOAN SERVICES LLC
|
|
| Docket Date |
2020-02-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO MOTION TO DISMISS APPEAL FOR FRIVOLITY
|
| On Behalf Of |
AURORA LOAN SERVICES LLC
|
|
| Docket Date |
2020-02-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
AURORA LOAN SERVICES LLC
|
|
| Docket Date |
2020-02-03
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2020-01-31
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ NOT CERTIFIED.
|
| On Behalf Of |
ROBERT MOISE
|
|
| Docket Date |
2020-01-31
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-01-31
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments.
|
|
|
|
MARIA CORTORREAL-POCHE VS FEDERAL NATIONAL MORTGAGE ASSOCIATION AND ENGLEWOOD PARK NEIGHBORHOOD ASSOCIATION, INC.
|
5D2019-3419
|
2019-11-21
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County
2009-CA-035768-O
|
Parties
| Name |
Maria Cortorreal-Poche
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Andrew B. Greenlee, Anthony N. Legendre, II
|
|
| Name |
Englewood Park Neighborhood Association, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
AURORA LOAN SERVICES LLC
|
| Role |
Appellee
|
| Status |
Withdrawn
|
| Representations |
Nancy M. Wallace, William P. Heller, Eric M. Levine, Marshall C. Watson
|
|
| Name |
FEDERAL NATIONAL MORTGAGE ASSOCIATION CORP
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Lisa T. Munyon
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Orange Cty Circuit Ct Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-02-02
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD E-FILED
|
|
| Docket Date |
2021-02-02
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-01-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing and Rehearing En Banc
|
| Description |
Order Deny Motion for Rehearing / Rehearing En Banc ~ WRITTEN OPINION AND CERTIFICATION
|
|
| Docket Date |
2021-01-04
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF WITHDRAWAL OF REQUEST FOR CERTIFICATION OF CONFLICT WITH PAGE
|
| On Behalf Of |
Aurora Loan Services, LLC
|
|
| Docket Date |
2020-12-31
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ IN OPPOSITION TO M/REHEARING
|
| On Behalf Of |
Maria Cortorreal-Poche
|
|
| Docket Date |
2020-12-23
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion for Rehearing / Rehearing En Banc ~ AND WRITTEN OPINION AND CERTIFICATION (CERTIFICATION PORTION OF MOTION W/DRAWN PER 1/4 NOTICE)
|
| On Behalf Of |
Aurora Loan Services, LLC
|
|
| Docket Date |
2020-12-11
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney's Fees
|
|
| Docket Date |
2020-12-11
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion ~ AND REMANDED
|
|
| Docket Date |
2020-10-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ AE'S RESPONSE PER 10/20 ORDER
|
| On Behalf Of |
Aurora Loan Services, LLC
|
|
| Docket Date |
2020-10-20
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF ORAL ARGUMENT VIA ZOOM
|
|
| Docket Date |
2020-10-20
|
| Type |
Order
|
| Subtype |
Zoom Instructions-OA
|
| Description |
ZOOM INSTRUCTIONS-ORAL ARGUMENTS
|
|
| Docket Date |
2020-09-08
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Aurora Loan Services, LLC
|
|
| Docket Date |
2020-07-24
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
NOTICE OF ORAL ARGUMENT
|
|
| Docket Date |
2020-07-20
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Maria Cortorreal-Poche
|
|
| Docket Date |
2020-07-20
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Maria Cortorreal-Poche
|
|
| Docket Date |
2020-07-20
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ FOR MERIT PANEL CONSIDERATION
|
| On Behalf Of |
Maria Cortorreal-Poche
|
|
| Docket Date |
2020-07-20
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO MOT ATTY FEES
|
| On Behalf Of |
Aurora Loan Services, LLC
|
|
| Docket Date |
2020-07-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Denied for Non-Service on Client ~ AA FILE AMEND MOT W/IN 5 DAYS
|
|
| Docket Date |
2020-07-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ AMENDED
|
| On Behalf Of |
Maria Cortorreal-Poche
|
|
| Docket Date |
2020-07-06
|
| 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 |
Maria Cortorreal-Poche
|
|
| Docket Date |
2020-06-04
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ TO 7/6
|
| On Behalf Of |
Maria Cortorreal-Poche
|
|
| Docket Date |
2020-05-05
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Aurora Loan Services, LLC
|
|
| Docket Date |
2020-04-30
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 186 PAGES
|
| On Behalf Of |
Orange Cty Circuit Ct Clerk
|
|
| Docket Date |
2020-04-22
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ STRICKEN PER 4/22 ORDER
|
| On Behalf Of |
Aurora Loan Services, LLC
|
|
| Docket Date |
2020-04-22
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Strike for Non-Service on Client ~ AE W/IN 5 DYS FILE AMENDED NTC OF AGREED EOT
|
|
| Docket Date |
2020-04-14
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Aurora Loan Services, LLC
|
|
| Docket Date |
2020-04-14
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Order Granting Motion to Supplement the Record ~ SROA BY 5/4
|
|
| Docket Date |
2020-03-27
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Maria Cortorreal-Poche
|
|
| Docket Date |
2020-02-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ TO 3/27
|
| On Behalf Of |
Maria Cortorreal-Poche
|
|
| Docket Date |
2020-01-16
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 914 PAGES
|
| On Behalf Of |
Orange Cty Circuit Ct Clerk
|
|
| Docket Date |
2019-12-10
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ 12/6 MOT GRANTED- CASE STYLE CHANGED (AE IS FEDERAL NATIONAL MORTGAGE ASSOCIATION AND ENGLEWOOD PARK NEIGHBORHOOD ASSOCIATION, INC.)
|
|
| Docket Date |
2019-12-06
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ MOTION TO CORRECT APPELLEE'SNAME AND CHANGE CASE CAPTION
|
| On Behalf Of |
Aurora Loan Services, LLC
|
|
| Docket Date |
2019-12-03
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Maria Cortorreal-Poche
|
|
| Docket Date |
2019-12-03
|
| Type |
Order
|
| Subtype |
Order Declining Referral to Mediation
|
| Description |
ORD- Declining Referral to Mediation ~ IB W/IN 70 DAYS
|
|
| Docket Date |
2019-12-02
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
CASE FILING FEE PAID THROUGH PORTAL
|
| On Behalf Of |
Maria Cortorreal-Poche
|
|
| Docket Date |
2019-12-02
|
| Type |
Mediation
|
| Subtype |
Mediation Questionnaire
|
| Description |
Mediation Questionnaire ~ AE NANCY M. WALLACE 0065897
|
| On Behalf Of |
Aurora Loan Services, LLC
|
|
| Docket Date |
2019-12-02
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Aurora Loan Services, LLC
|
|
| Docket Date |
2019-11-21
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2019-11-21
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 11/18/19
|
| On Behalf Of |
Maria Cortorreal-Poche
|
|
| Docket Date |
2019-11-21
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee - Civil appeal (300)
|
|
| Docket Date |
2019-11-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
DAVID B. COHEN and CAROLYN COHEN a/k/a CAROLYN P. RAFF VS DEUTSCHE BANK TRUST COMPANY AMERICAS, as Trustee for Residential Accredit Loans, Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 2006-QO10
|
4D2018-3736
|
2018-12-20
|
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
502008CA035125XXXXMB
|
Parties
| Name |
CAROLYN COHEN
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
David B. Cohen
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Bruce K. Herman
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Deutsche Bank Trust Company of Americas
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
AURORA LOAN SERVICES LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Henry Q. Johnson, Nancy M. Wallace, William P. Heller
|
|
| Name |
Hon. Donald W. Hafele
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-01-15
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Aurora Loan Services, LLC
|
|
| Docket Date |
2020-01-17
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-01-17
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2019-12-26
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2019-12-26
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that the appellants’ June 24, 2019 motion for appellate attorneys’ fees is denied.
|
|
| Docket Date |
2019-07-31
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
David B. Cohen
|
|
| Docket Date |
2019-07-17
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Aurora Loan Services, LLC
|
|
| Docket Date |
2019-07-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Aurora Loan Services, LLC
|
|
| Docket Date |
2019-07-16
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 08/23/19
|
|
| Docket Date |
2019-06-25
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
David B. Cohen
|
|
| Docket Date |
2019-06-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Aurora Loan Services, LLC
|
|
| Docket Date |
2019-06-25
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that the appellants’ June 25, 2019 motion to supplement the record is granted, and the record is supplemented to include the record trial transcript. Said supplemental record is deemed filed as of the date of this order.
|
|
| Docket Date |
2019-06-25
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
David B. Cohen
|
|
| Docket Date |
2019-06-24
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ *AND* COSTS (RESPONSE FILED 06/25/2019)
|
| On Behalf Of |
David B. Cohen
|
|
| Docket Date |
2019-06-24
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
David B. Cohen
|
|
| Docket Date |
2019-06-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellants’ June 19, 2019 motion for extension of time is granted, and appellant shall serve the initial brief on or before June 24, 2019. 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. Appellant is 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.
|
|
| Docket Date |
2019-06-19
|
| 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 |
David B. Cohen
|
|
| Docket Date |
2019-05-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's May 17, 2019 motion for extension of time is granted, and appellant shall serve the initial brief on or before June 19, 2019. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2019-05-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
David B. Cohen
|
|
| Docket Date |
2019-05-14
|
| Type |
Order
|
| Subtype |
Order on Motion to Withdraw Filing
|
| Description |
ORD-To Withdraw Pleadings ~ ORDERED that appellee's May 10, 2019 “unopposed motion to withdraw notice of commencement of Chapter 11 case and stay” is granted, and the April 22, 2019 notice is considered withdrawn. Further, ORDERED that this court's April 23, 2019 order to show cause is discharged.
|
|
| Docket Date |
2019-05-10
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO SUBSTITUTE APPELLEE AND CHANGE CASE CAPTION
|
| On Behalf Of |
Aurora Loan Services, LLC
|
|
| Docket Date |
2019-05-10
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
Aurora Loan Services, LLC
|
|
| Docket Date |
2019-04-23
|
| Type |
Order
|
| Subtype |
Show Cause re Bankruptcy
|
| Description |
Order on Suggestion of Bankruptcy ~ **DISCHARGED**A suggestion of bankruptcy having been filed, it is ORDERED that appellants 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 |
2019-04-22
|
| Type |
Notice
|
| Subtype |
Suggestion of Bankruptcy
|
| Description |
Suggestion of Bankruptcy ~ **WITHDRAWN**
|
| On Behalf Of |
Aurora Loan Services, LLC
|
|
| Docket Date |
2019-02-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's February 26, 2019 motion for extension of time is granted, and appellant shall serve the initial brief within sixty (60) days from the current due date. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2019-02-26
|
| 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 |
David B. Cohen
|
|
| Docket Date |
2019-01-28
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (3324 PAGES)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2018-12-21
|
| 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. 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 |
2018-12-21
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2018-12-20
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2018-12-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
David B. Cohen
|
|
|
