|
ARM HOLDINGS, LLC, VS THE BANK OF NEW YORK MELLON, etc., et al.,
|
3D2021-2404
|
2021-12-14
|
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
19-4191
|
Parties
| Name |
ARM HOLDINGS LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Michael J. Farrar, John Paul Arcia
|
|
| Name |
CARLOS CORREA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
AFFILIATED FINANCIAL CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
The Bank of New York Mellon
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
JACQUELINE COSTOYA GUBERMAN, IRINA DANILYAN, Ramon C. Palacio
|
|
| Name |
DISCOVER BANK
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MIAMI POSTAL SERVICE CREDIT UNION
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CLAUDIA RODRIGUEZ, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GMAC MORTGAGE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FEDERAL NATIONAL MORTGAGE ASSOCIATION CORP
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
VERONICA HENLEY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GARDEN VIEW CONDOMINIUM APARTMENTS ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| 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 |
2022-07-06
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2022-07-06
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-07-06
|
| Type |
Notice
|
| Subtype |
Voluntary Dismissal
|
| Description |
Voluntary Dismissal Recognized (OG33) ~ IT IS HEREBY ORDERED that the appellant’s Notice of Voluntary Dismissal of Appeal is recognized by the Court, and this appeal from the Circuit Court for Miami-Dade County, Florida, is hereby dismissed.
|
|
| Docket Date |
2022-07-06
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2022-07-05
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
ARM HOLDINGS, LLC
|
|
| Docket Date |
2022-03-03
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Appellee the Bank of New York Mellon's Notice of Filing Suggestion of Bankruptcy with Incorporated Motion for Extension of Time to File Answer Brief is recognized. The appellate proceedings are hereby stayed pending further order of this Court. Appellees are granted twenty (20) days after the stay is lifted to file the answer brief.
|
|
| Docket Date |
2022-02-28
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ NOTICE OF FILING SUGGESTION OF BANKRUPTCY WITH INCORPORATED MOTION FOR EXTENSION OF TIME TO FILE ANSWER BRIEF
|
| On Behalf Of |
The Bank of New York Mellon
|
|
| Docket Date |
2022-02-18
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2022-01-31
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
ARM HOLDINGS, LLC
|
|
| Docket Date |
2022-01-31
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
ARM HOLDINGS, LLC
|
|
| Docket Date |
2021-12-16
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
The Bank of New York Mellon
|
|
| Docket Date |
2021-12-14
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
ARM HOLDINGS, LLC
|
|
| Docket Date |
2021-12-14
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2021-12-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments.
|
|
|
|
YOLANDA GUERRA DEL CASTILLO VS GMAC MORTGAGE, LLC
|
3D2016-0497
|
2016-03-03
|
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
11-37513
|
Parties
| Name |
YOLANDA GUERRA DEL CASTILLO
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
GMAC MORTGAGE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
JOSHUA R. LEVINE, DIANA B. MATSON, ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC
|
|
| Name |
HON. JOHN SCHLESINGER
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-03-22
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Opinion
|
| Description |
Supreme Court Disposition ~ This case is hereby dismissed. No motion for rehearing or reinstatement will be entertained by the court.
|
|
| Docket Date |
2017-03-16
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF DISCRETN. JURISDICTN
|
|
| Docket Date |
2017-03-03
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2017-03-03
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2017-02-15
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2017-02-15
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Attorney Fees Granted (OG47) ~ Upon consideration of appellee's motion for attorneys' fees, it is ordered that said motion is granted and remanded to the trial court to fix amount.
|
|
| Docket Date |
2016-10-10
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion to Strike Granted (OG30) ~ Upon consideration, appellee¿s motion to strike appellant¿s reply brief is granted, and the reply brief filed August 27, 2016 is hereby stricken. SUAREZ, C.J., and FERNANDEZ and SCALES, JJ., concur.
|
|
| Docket Date |
2016-08-29
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ the reply brief
|
| On Behalf Of |
GMAC MORTGAGE LLC
|
|
| Docket Date |
2016-08-27
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ SEE ORDER FROM 10/10/16- REPLY BRIEF STRICKEN
|
|
| Docket Date |
2016-08-04
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
GMAC MORTGAGE LLC
|
|
| Docket Date |
2016-08-04
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
GMAC MORTGAGE LLC
|
|
| Docket Date |
2016-08-04
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
GMAC MORTGAGE LLC
|
|
| Docket Date |
2016-06-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Extension granted to file answer brief (OG04) ~ Appellee¿s motion for an extension of time to file the answer brief is granted to and including forty-five (45) days from the date of this order.
|
|
| Docket Date |
2016-06-17
|
| 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 |
GMAC MORTGAGE LLC
|
|
| Docket Date |
2016-05-09
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal ~ 2 VOLUMES.
|
|
| Docket Date |
2016-05-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Extension granted to file answer brief (OG04) ~ Appellee, GMAC MORTGAGE, LLC¿s motion for an extension of time to file the answer brief is granted to and including forty five (45) days from the date of this order.
|
|
| Docket Date |
2016-05-03
|
| 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 |
GMAC MORTGAGE LLC
|
|
| Docket Date |
2016-05-03
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
GMAC MORTGAGE LLC
|
|
| Docket Date |
2016-04-08
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
YOLANDA GUERRA DEL CASTILLO
|
|
| Docket Date |
2016-04-08
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
YOLANDA GUERRA DEL CASTILLO
|
|
| Docket Date |
2016-03-03
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
C1:Certificate of Indigency Filed
|
|
| Docket Date |
2016-03-03
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
YOLANDA GUERRA DEL CASTILLO
|
|
| Docket Date |
2016-03-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments.
|
|
|
|
GREEN TREE SERVICING, LLC VS WANDA Y. CHAVES, ET AL.
|
5D2015-3161
|
2015-09-09
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventh Judicial Circuit, Volusia County
2012-11238-CIDL
|
Parties
| Name |
GREEN TREE SERVICING LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
RANDOLPH HOWARD CLEMENTE, VICTOR KLINE
|
|
| Name |
WANDA Y. CHAVES
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
MARK P. STOPA
|
|
| Name |
GMAC MORTGAGE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Sandra C. Upchurch
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Volusia Cty Circuit Crt Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-01-07
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD
|
|
| Docket Date |
2016-01-07
|
| Type |
Mandate
|
| Subtype |
Notice Memorandum
|
| Description |
Notice Memorandum
|
|
| Docket Date |
2015-12-18
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2015-12-18
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
GREEN TREE SERVICING, LLC
|
|
| Docket Date |
2015-12-18
|
| Type |
Order
|
| Subtype |
Order on Motion/Notice Voluntary Dismissal (non-dispositive)
|
| Description |
Order Granting Voluntary Dismissal
|
|
| Docket Date |
2015-12-09
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ AGREED EOT TO FILE INIT BRF TO 1/18
|
| On Behalf Of |
GREEN TREE SERVICING, LLC
|
|
| Docket Date |
2015-12-08
|
| Type |
Order
|
| Subtype |
Order on Motion To Abate
|
| Description |
Order Deny Motion to Abate
|
|
| Docket Date |
2015-12-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE
|
| On Behalf Of |
WANDA Y. CHAVES
|
|
| Docket Date |
2015-11-23
|
| Type |
Motions Other
|
| Subtype |
Motion To Abate
|
| Description |
Motion To Abate
|
| On Behalf Of |
GREEN TREE SERVICING, LLC
|
|
| Docket Date |
2015-09-24
|
| Type |
Order
|
| Subtype |
Order Declining Referral to Mediation
|
| Description |
ORD- Declining Referral to Mediation
|
|
| Docket Date |
2015-09-21
|
| Type |
Mediation
|
| Subtype |
Mediation Questionnaire
|
| Description |
Mediation Questionnaire ~ AE Mark P. Stopa 0550507
|
|
| Docket Date |
2015-09-16
|
| Type |
Mediation
|
| Subtype |
Mediation Questionnaire
|
| Description |
Mediation Questionnaire ~ AA Victor Kline 0438219
|
|
| Docket Date |
2015-09-15
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
GREEN TREE SERVICING, LLC
|
|
| Docket Date |
2015-09-09
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2015-09-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2015-09-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 9/4/15
|
| On Behalf Of |
GREEN TREE SERVICING, LLC
|
|
| Docket Date |
2015-09-09
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee - Civil appeal (300)
|
|
| Docket Date |
2015-09-09
|
| Type |
Mediation
|
| Subtype |
Other
|
| Description |
Mediation Packet
|
|
|
|
ANTHONY MATTIA and ACTION LOSS MITIGATION, INC. VS OCWEN LOAN SERVICING, LLC et al.
|
4D2015-2695
|
2015-07-16
|
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
502009CA010091MB
|
Parties
| Name |
ANTHONY MATTIA
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Evan B. Plotka
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ACTION LOSS MITIGATION INC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MORTGAGE ELECTONIC REGIS. SYST
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DIANA GIBNEY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HOME LOAN FUNDING, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
OCWEN LOAN SERVICING, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
DEBBIE SATYAL, Alen H. Hsu
|
|
| Name |
JULIE CLEVELAND
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GMAC MORTGAGE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Susan R. Lubitz
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-07-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-02-16
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2016-02-16
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Grant Voluntary Dismissal (Joint) ~ Pursuant to the parties' February 12, 2016 stipulation for dismissal, this case is dismissed.
|
|
| Docket Date |
2016-02-12
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ (STIPULATION)
|
| On Behalf Of |
ANTHONY MATTIA
|
|
| Docket Date |
2016-02-11
|
| 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, on or before February 22, 2016, why the above-styled case should not be dismissed for lack of timely prosecution, in that the 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 |
2015-12-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 60 DAYS TO 02/03/15
|
| On Behalf Of |
ANTHONY MATTIA
|
|
| Docket Date |
2015-11-02
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ FOUR (4) VOLUMES
|
|
| Docket Date |
2015-10-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
ORD-Reinstatement ~ ORDERED that the appellants' October 19, 2015 agreed motion for reinstatement is granted, and the above-styled appeal is reinstated. Pursuant to the motion to reinstate the appellants shall serve the initial brief within forty-five (45) days from the date of this order.
|
|
| Docket Date |
2015-10-19
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
ANTHONY MATTIA
|
|
| Docket Date |
2015-10-19
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2015-10-19
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-Lack of Prosecution ~ ORDERED sua sponte that the above-styled case is dismissed for lack of prosecution.
|
|
| Docket Date |
2015-09-29
|
| 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, on or before October 9, 2015, why the above-styled case should not be dismissed for lack of timely prosecution, in that the 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 |
2015-07-17
|
| 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 |
2015-07-16
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2015-07-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ ***Certified Copy***
|
| On Behalf Of |
ANTHONY MATTIA
|
|
| Docket Date |
2015-07-15
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
ANTHONY MATTIA
|
|
|
|
LORNA LUCKIE and GILBERT LUCKIE VS GMAC MORTGAGE, LLC
|
4D2015-2265
|
2015-06-11
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE13002854 (11)
|
Parties
| Name |
LORNA LUCKIE
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
GILBERT LUCKIE
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
UBS ASSETS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GMAC MORTGAGE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ELIZABETH R. WELLBORN, PRESTON C. DAVIS
|
|
| Name |
Hon. Joel T. Lazarus
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-11-18
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2016-11-18
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2016-10-27
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2016-04-15
|
| 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' April 4, 2016 motion for extension of time is granted, and appellants shall serve the reply brief within thirty (30) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2016-04-04
|
| 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 |
LORNA LUCKIE
|
|
| Docket Date |
2016-03-21
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellants' March 16, 2016 motion for extension of time is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420 in that there is no certificate of service. All certificates of service shall contain the name and physical address of the person served. You are notified of the requirement to serve all parties with a copy of everything you file with this court. Appellants may re-file the document with a proper certificate of service within fifteen (15) days from the date of this order.
|
|
| Docket Date |
2016-03-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ **STRICKEN**
|
| On Behalf Of |
LORNA LUCKIE
|
|
| Docket Date |
2016-02-25
|
| 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 February 19, 2016, Preston C. Davis, Esq., of Timothy D Padgett, P.A. is substituted for Elizabeth Wellborn, Esq. as counsel for appellee in the above-styled cause.
|
|
| Docket Date |
2016-02-19
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion For Substitution of Counsel
|
| Description |
Motion For Substitution of Counsel ~ **STIPULATED**
|
| On Behalf Of |
GMAC Mortgage, LLC
|
|
| Docket Date |
2016-02-12
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
Objection ~ TO THE COURT'S SEVEN DAYS NOTICE TO AE TO SHOW CAUSE, ETC.
|
| On Behalf Of |
LORNA LUCKIE
|
|
| Docket Date |
2016-02-04
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Upon consideration of appellee's January 27, 2016 response in opposition to appellant's December 18, 2015 notice of non-service and Elizabeth R. Wellborn, Esq.'s January 27, 2016 response to this court¿s January 21, 2016 order to show cause, it is ORDERED that the court notes the response to the notice of non-service. Appellants shall file their reply brief, if any, within twenty (20) days from the date of this order. Further ORDERED that the January 21, 2016 order to show cause is discharged. Further ORDERED that appellants' January 22, 2016 motion for relief as stipulated in appellants¿ initial brief is denied. The court reminds appellants that excessive motion practice is strongly discouraged. See Notice to Attorneys' and to Parties Representing themselves, page 1.
|
|
| Docket Date |
2016-02-04
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ **AMENDED** & DESIGNATION OF EMAIL ADDRESS
|
| On Behalf Of |
GMAC Mortgage, LLC
|
|
| Docket Date |
2016-02-01
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ & DESIGNATION OF EMAIL ADDRESS
|
| On Behalf Of |
GMAC Mortgage, LLC
|
|
| Docket Date |
2016-01-28
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF NON-DELIVERY
|
| On Behalf Of |
GMAC Mortgage, LLC
|
|
| Docket Date |
2016-01-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
GMAC Mortgage, LLC
|
|
| Docket Date |
2016-01-27
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF NON DELIVERY OF ANSWER BRIEF
|
| On Behalf Of |
GMAC Mortgage, LLC
|
|
| Docket Date |
2016-01-22
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ (DENIED)
|
| On Behalf Of |
LORNA LUCKIE
|
|
| Docket Date |
2016-01-21
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ **DISCHARGED** ORDERED that Elizabeth R. Wellborn, Esq., attorney for appellee, is directed to show cause, within seven (7) days from the date of this order, why she should not be sanctioned for failure to respond to this court's December 22, 2015 order to file a response to appellant's December 18, 2015 notice of non-service of the answer brief. This court's electronic filing system reflects that Ms. Wellborn electronically viewed the December 22, 2015 order on January 7, 2016, and she has taken no action on the order since then. Failure to comply with this order will subject Ms. Wellborn to the imposition of sanctions.
|
|
| Docket Date |
2015-12-22
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellee is directed to respond, within five (5) days from the date of this order, to appellants' notice of nonservice.
|
|
| Docket Date |
2015-12-18
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice
|
| On Behalf Of |
LORNA LUCKIE
|
|
| Docket Date |
2015-11-23
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
GMAC Mortgage, LLC
|
|
| Docket Date |
2015-10-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's October 14, 2015 motion for extension of time is granted, and appellee shall serve the answer brief within thirty (30) days from the date of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2015-10-14
|
| 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 |
GMAC Mortgage, LLC
|
|
| Docket Date |
2015-09-25
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ TWO (2) VOLUMES
|
|
| Docket Date |
2015-09-22
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that the appellants' pleading filed September 17, 2015 is stricken without prejudice to filing a proper pleading in this court.
|
|
| Docket Date |
2015-09-17
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ **STRICKEN SEE 9-212-15 ORDER** COPY OF L.T. ORDERS PS LORNA LUCKIE
|
| On Behalf Of |
LORNA LUCKIE
|
|
| Docket Date |
2015-09-04
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion ~ ORDERED that appellant's August 11, 2015 motion for ex parte injunction to set aside foreclosure and deed is denied.
|
|
| Docket Date |
2015-08-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Record
|
| Description |
ORD-Grant EOT to Complete ROA ~ ORDERED that the clerk's August 20, 2015 motion for extension of time is granted, and the time for the clerk of the circuit court to prepare the record on appeal and serve the index to the record is extended thirty (30) days from the date of this order. All other time frames are extended accordingly. See Fla. R. App. P. 9.300(b).
|
|
| Docket Date |
2015-08-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time for Record
|
| Description |
Motion Extension of Time To Complete ROA
|
|
| Docket Date |
2015-08-11
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ **DENIED**
|
| On Behalf Of |
LORNA LUCKIE
|
|
| Docket Date |
2015-08-06
|
| 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 July 29, 2015 motion for extension of time is granted, and appellee shall serve the answer brief within sixty (60) 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 |
2015-07-29
|
| 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 |
GMAC Mortgage, LLC
|
|
| Docket Date |
2015-07-09
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO INITIAL BRIEF
|
| On Behalf Of |
LORNA LUCKIE
|
|
| Docket Date |
2015-07-09
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
LORNA LUCKIE
|
|
| Docket Date |
2015-06-26
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
|
| Docket Date |
2015-06-26
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigent Status
|
|
| Docket Date |
2015-06-16
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se civil appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, 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, 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 the entry 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.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 Circuit Court 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 Circuit Court 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 circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2015-06-16
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2015-06-11
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
| Docket Date |
2015-06-11
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
LORNA LUCKIE
|
|
|
|
YOLANDA G. DEL CASTILLO, VS GMAC MORTGAGE, LLC,
|
3D2015-0907
|
2015-04-20
|
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
11-37513
|
Parties
| Name |
YOLANDA GUERRA DEL CASTILLO
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
GMAC MORTGAGE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC, DIANA B. MATSON
|
|
| Name |
HON. JOHN SCHLESINGER
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-04-29
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
|
| Docket Date |
2015-06-08
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Grant Clarification (OG54) ~ Upon consideration, appellee's motion for clarification of consolidation order is granted, and this Court's April 22, 2015 order is clarified to direct that the appeals shall be consolidated for further consideration following service of the briefs in case no. 3D15-907.
|
|
| Docket Date |
2015-10-16
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2015-10-16
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2015-09-30
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2015-09-30
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Attorney Fees Granted (OG47) ~ Upon consideration of the motion for appellate attorney's fees incurred in both consolidated cases, filed by the appellee, it is ordered that said motion is granted and remanded to the trial court to fix amount. SALTER, FERNANDEZ and LOGUE, JJ., concur.
|
|
| Docket Date |
2015-08-25
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
YOLANDA GUERRA DEL CASTILLO
|
|
| Docket Date |
2015-08-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to motion for attorney's fees
|
| On Behalf Of |
YOLANDA GUERRA DEL CASTILLO
|
|
| Docket Date |
2015-08-21
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
GMAC MORTGAGE LLC
|
|
| Docket Date |
2015-08-04
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
GMAC MORTGAGE LLC
|
|
| Docket Date |
2015-07-29
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal ~ 1VOLUME (II).
|
|
| Docket Date |
2015-07-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Extension granted to file answer brief (OG04) ~ Appellee¿s motion for an extension of time to file the answer brief is granted to and including thirty (30) days from the date of this order.
|
|
| Docket Date |
2015-07-14
|
| 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 |
GMAC MORTGAGE LLC
|
|
| Docket Date |
2015-06-22
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
|
| Docket Date |
2015-06-22
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
|
| Docket Date |
2015-04-29
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
ORD-L.T. INSOLVENCY OR INDIGE.
|
|
| Docket Date |
2015-04-22
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
Consolidations Granted--all purpose (OG24) ~ Upon the Court's own motion, it is ordered that the above referenced appeals are hereby consolidated for all appellate purposes under case no. 3D14-1007.
|
|
| Docket Date |
2015-04-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgement of new case with attachments. ** The $300 filing fee for appeal is due.
|
|
| Docket Date |
2015-04-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ Prior cases: 14-1971, 14-1007
|
| On Behalf Of |
YOLANDA GUERRA DEL CASTILLO
|
|
| Docket Date |
2015-04-20
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
C1:Certificate of Indigency Filed
|
|
| Docket Date |
2015-04-20
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/o atty (OR14C) ~ This is to notify 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 ($300.00) dollar fee is paid to the Clerk of the Court by cash, cashier¿s check or money order on or before April 30, 2015, or a certified copy of the Application for Determination of Civil Indigent Status in which the lower tribunal clerk has determined the appellant to be indigent is received on or before said date.
|
|
|
|
GRACIOUSE JEAN YACINTHE VS GMAC MORTGAGE, LLC., etc.
|
4D2015-1429
|
2015-04-10
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 09038358 (11)
|
Parties
| Name |
GRACIOUSE JEAN YACINTHE
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Nicole Moskowitz
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
GMAC MORTGAGE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Timothy D. Padgett, Steven G. Hurley, Matthew Lee Schulis, NATHAN P. GRYGLEWICZ, ALBERTELLI LAW, ERIK DELETOILE
|
|
| Name |
Hon. Barry Stone
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-02-26
|
| 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 |
GRACIOUSE JEAN YACINTHE
|
|
| Docket Date |
2016-04-15
|
| 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 |
GMAC MORTGAGE, LLC.
|
|
| Docket Date |
2016-04-15
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
GMAC MORTGAGE, LLC.
|
|
| Docket Date |
2016-03-08
|
| 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, 2016 motion for extension of time is granted. Appellant's initial brief was filed March 4, 2016.
|
|
| Docket Date |
2016-03-04
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
GRACIOUSE JEAN YACINTHE
|
|
| Docket Date |
2016-03-04
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ TO INITIAL BRIEF
|
| On Behalf Of |
GRACIOUSE JEAN YACINTHE
|
|
| Docket Date |
2016-03-04
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
GRACIOUSE JEAN YACINTHE
|
|
| Docket Date |
2017-03-24
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2017-03-24
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2017-03-02
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that the appellant's March 4, 2016 motion for attorney's fees and costs is denied.
|
|
| Docket Date |
2017-03-02
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2016-09-16
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
GRACIOUSE JEAN YACINTHE
|
|
| Docket Date |
2016-09-12
|
| 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 August 24, 2016 motion for extension of time is granted, and appellant shall serve the reply brief on or before September 16, 2016. 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.
|
|
| Docket Date |
2016-08-24
|
| 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 |
GRACIOUSE JEAN YACINTHE
|
|
| Docket Date |
2016-08-05
|
| 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 appellant's July 25, 2016 motion for extension of time is granted, and appellant shall serve the reply brief on or before August 24, 2016. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2016-07-25
|
| 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 |
GRACIOUSE JEAN YACINTHE
|
|
| Docket Date |
2016-07-05
|
| Type |
Brief
|
| Subtype |
Amended Answer Brief
|
| Description |
Amended Appellee's Answer Brief
|
| On Behalf Of |
GMAC MORTGAGE, LLC.
|
|
| Docket Date |
2016-06-24
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that the appellee's answer brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.210 in that it does not list the issues presented for review, with references to the pages on which each appears. An amended brief in compliance with the rules shall be filed 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 |
2016-06-23
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ (111 PAGES)
|
| On Behalf Of |
GRACIOUSE JEAN YACINTHE
|
|
| Docket Date |
2016-06-23
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that the appellant's June 21, 2016 motion to supplement the record is granted, and the record is supplemented to include the trial transcript. Said supplemental record is deemed filed as of the date of this order.
|
|
| Docket Date |
2016-06-21
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
GRACIOUSE JEAN YACINTHE
|
|
| Docket Date |
2016-06-20
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ **BRIEF STRICKEN - SEE 6/24/16 ORDER**
|
| On Behalf Of |
GMAC MORTGAGE, LLC.
|
|
| Docket Date |
2016-05-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Order denying EOT w/out prejudice 9.300(a) ~ ORDERED that appellee's April 29, 2016 motion for extension of time 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, Paragraphs 1 and 2.
|
|
| Docket Date |
2016-04-29
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ & DESIGNATION OF EMAIL ADDRESS
|
| On Behalf Of |
GMAC MORTGAGE, LLC.
|
|
| Docket Date |
2016-04-29
|
| 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 |
GMAC MORTGAGE, LLC.
|
|
| Docket Date |
2016-04-27
|
| 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 20, 2016 motion for extension of time is granted, and appellee shall serve the answer brief on or before June 19, 2016. 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 |
2016-04-20
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
GMAC MORTGAGE, LLC.
|
|
| Docket Date |
2016-04-20
|
| 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 |
GMAC MORTGAGE, LLC.
|
|
| Docket Date |
2016-04-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Order denying EOT w/out prejudice 9.300(a) ~ ORDERED that appellee's April 15, 2016 motion for extension of time 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, Paragraphs 1 and 2.
|
|
| Docket Date |
2016-02-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ *FINAL* ORDERED that appellant's February 5, 2016 motion for extension of time is granted, and appellant 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. 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 |
2016-02-05
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
GRACIOUSE JEAN YACINTHE
|
|
| Docket Date |
2016-01-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 02/06/16
|
| On Behalf Of |
GRACIOUSE JEAN YACINTHE
|
|
| Docket Date |
2015-12-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 01/07/16
|
| On Behalf Of |
GRACIOUSE JEAN YACINTHE
|
|
| Docket Date |
2015-11-24
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
Received Exhibits ~ ***CONFIDENTIAL***
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2015-11-04
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ ONE (1) VOLUME
|
|
| Docket Date |
2015-10-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's October 2, 2015 motion for extension of time is granted, and appellant shall serve the initial brief within sixty (60) 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 |
2015-10-02
|
| 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 |
GRACIOUSE JEAN YACINTHE
|
|
| Docket Date |
2015-09-03
|
| Type |
Order
|
| Subtype |
Order re Stay
|
| Description |
Stay is lifted, case to proceed ~ ORDERED that the stay entered on June 1, 2015, is lifted and the above-styled appeal shall proceed; further,ORDERED that the appellant shall serve the initial brief within thirty (30) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal, or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2015-08-31
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF COMPLIANCE WITH 6/1/15 ORDER WITH ATTACHED ORDER DISMISSING THE BANKRUPTCY CASE.
|
| On Behalf Of |
GRACIOUSE JEAN YACINTHE
|
|
| Docket Date |
2015-06-11
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Upon consideration of appellant¿s May 26, 2015 notice of filing the order appealed, the above-styled appeal is deemed to be timely filed.
|
|
| Docket Date |
2015-06-01
|
| 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 counsel for appellant 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, counsel for appellant, 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 |
2015-05-26
|
| Type |
Notice
|
| Subtype |
Suggestion of Bankruptcy
|
| Description |
Suggestion of Bankruptcy
|
| On Behalf Of |
GRACIOUSE JEAN YACINTHE
|
|
| Docket Date |
2015-05-26
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
**DNU** order appealed ~ ("NOTICE OF FILING")
|
|
| Docket Date |
2015-05-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
GRACIOUSE JEAN YACINTHE
|
|
| Docket Date |
2015-05-12
|
| Type |
Order
|
| Subtype |
Show Cause re Compliance with Prior Order
|
| Description |
Order to Show Cause-Appeal Dismissal ~ ORDERED that appellant is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above¿styled case should not be dismissed or other sanctions imposed for failure to comply with this court's April 14, 2015 order requiring a conformed copy of the order being appealed to be filed with this court. If the order is filed within this ten (10) day period, this order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2015-04-14
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Appellant to File Order Appealed-Civil ~ ORDERED that appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order being appealed. See Fla. R. App. P. 9.110(d). This copy must contain a legible stamp from the clerk of the lower tribunal, showing the date and time the order being appealed was filed in that office.
|
|
| Docket Date |
2015-04-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2015-04-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
GRACIOUSE JEAN YACINTHE
|
|
| Docket Date |
2015-04-10
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
PAMELA S. THOMAS and WILLIAM C. THOMAS VS GMAC MORTGAGE, LLC, et al
|
4D2015-1041
|
2015-03-17
|
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
2011CA011208XXXXMB
|
Parties
| Name |
PAMELA S. THOMAS
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Kyle Charles Young
|
|
| Name |
WILLIAM C. THOMAS
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
BUENA VIDA MASTER ASSOC. INC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BUENA VIDA WEST HOMEOWNERS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GMAC MORTGAGE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jeremy W. Harris, David L. Brough, DAVID F. KNOBEL, AMANDA CRITEAU
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-06-29
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the June 25, 2015 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2015-06-29
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2015-06-25
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ (DISMISSED)
|
| On Behalf Of |
PAMELA S. THOMAS
|
|
| Docket Date |
2015-06-15
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ TWO (2) VOLUMES
|
|
| Docket Date |
2015-05-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 06/24/15
|
| On Behalf Of |
PAMELA S. THOMAS
|
|
| Docket Date |
2015-04-24
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ & DESIGNATION OF EMAIL ADDRESS
|
| On Behalf Of |
GMAC MORTGAGE LLC
|
|
| Docket Date |
2015-03-25
|
| Type |
Order
|
| Subtype |
Order to Register/Update eDCA
|
| Description |
Counsel to register with eDCA ~ Be advised that Amanda Criteau has failed to comply with this Court¿s Administrative Order No. 2013-01, requiring counsel of record to register with the Fourth District Court of Appeal¿s electronic filing system to receive electronic copies of court communications, including but not limited to orders.You are further advised that to receive all communications from this Court in electronic form you must register at www.4dca.org or https://edca.4dca.org.Unless you obtain a hardship waiver of the registration requirement the Clerk of the Court shall cease mailing paper copies of all communications from the Court to you after ten (10) days from the date of this order.Paper copies can be obtained by completing a Copy Request Form located at www.4dca.org.AMERICANS WITH DISABILITIES ACT: If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, the provision of certain assistance. Please contact the Marshal, Daniel DiGiacomo, 4th District Court of Appeal, 1525 Palm Beach Lakes Blvd., West Palm Beach, Florida 33401, telephone (561)242-2000; 1-800-955-8771(TDD): or 1-800-955-8770(V) via Florida Relay Service, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
|
|
| Docket Date |
2015-03-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2015-03-20
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, 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, 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 the entry 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. 4DCA 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 |
2015-03-17
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
PAMELA S. THOMAS
|
|
| Docket Date |
2015-03-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
COLLINS ASSET GROUP, LLC VS MARCOS C. DEPAIVA, et al.
|
4D2015-0079
|
2015-01-08
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2009CA040413XXXXMB
|
Parties
| Name |
COLLINS ASSET GROUP, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
MARK POLLACK
|
|
| Name |
GMAC MORTGAGE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MARCOS C. DEPAIVA
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
DAVID J. STERN, ROBERT CHARLES MARTIN
|
|
| Name |
MORTGAGE ELECTRONIC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RAQUEL DEPAIVA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Richard Oftedal
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-02-27
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Moot ~ ORDERED that the appellant's notice of voluntary dismissal without prejudice filed February 25, 2015, is hereby determined to be moot. See this court's January 30, 2015 dismissal order.
|
|
| Docket Date |
2015-02-25
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Motion For Voluntary Dismissal ~ (MOOT)
|
| On Behalf Of |
COLLINS ASSET GROUP, LLC.
|
|
| Docket Date |
2015-01-30
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ ORDERED sua sponte, the above-styled appeal is hereby dismissed for nonpayment of the $300.00 filing fee.
|
|
| Docket Date |
2015-01-30
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2015-01-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Denying EOT for Initial Brief
|
|
| Docket Date |
2015-01-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2015-01-13
|
| 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, 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 the entry 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. 4DCA 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 |
2015-01-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
COLLINS ASSET GROUP, LLC.
|
|
| Docket Date |
2015-01-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
GMAC MORTGAGE, LLC, VS PEDRO PALENZUELA, et al.,
|
3D2014-2914
|
2014-12-05
|
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
11-22380
|
Parties
| Name |
GMAC MORTGAGE, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Kimberly S. Mello, CLIVE N. MORGAN, LAURA J. BASSINI
|
|
| Name |
PEDRO PALENZUELA
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Roniel Rodriguez, IV, CARIDAD M. GARRIDO
|
|
| Name |
HON. JOHN SCHLESINGER
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HON. MARC SCHUMACHER
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-11-14
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2016-11-14
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2016-10-26
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Authored Opinion
|
|
| Docket Date |
2016-06-09
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ Appellant¿s motion for substitution of counsel is granted as stated in the motion.
|
|
| Docket Date |
2016-06-02
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion For Substitution of Counsel
|
| Description |
Motion For Substitution of Counsel
|
| On Behalf Of |
GMAC MORTGAGE LLC
|
|
| Docket Date |
2016-06-02
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
GMAC MORTGAGE LLC
|
|
| Docket Date |
2015-09-17
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 3rd DCA
|
|
| Docket Date |
2015-06-15
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ of unavailability
|
| On Behalf Of |
PEDRO PALENZUELA
|
|
| Docket Date |
2015-06-05
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
Notice of Oral Argument
|
|
| Docket Date |
2015-02-04
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal ~ 1 VOLUME (III).
|
|
| Docket Date |
2014-12-08
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Upon motion of appellant, it is ordered that the above referenced appeals are hereby consolidated for all appellate purposes under case no. 3D14-1420. Appellant's December 4, 2014 motion to supplement the record is granted, and the clerk of the trial court is directed to supplement the record on appeal with the affidavits and hearing transcript as stated in said motion. Appellant's motion for an extension of time to file the amended initial brief is granted, and the amended initial brief is to be filed within fourteen (14) after the record is supplemented.
|
|
| Docket Date |
2014-12-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ CERTIFIED.
|
|
| Docket Date |
2014-12-05
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgement of new case with attachments.
|
|
| Docket Date |
2014-12-05
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ NOT CERTIFIED. Prior case: 14-1420
|
| On Behalf Of |
GMAC MORTGAGE LLC
|
|
| Docket Date |
2014-12-05
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
GMAC MORTGAGE, LLC. VS BERNICE BADE
|
4D2014-3793
|
2014-10-07
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
07031692 CACE
|
Parties
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
GMAC MORTGAGE, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Nancy M. Wallace, William P. Heller
|
|
| Name |
BERNICE BADE
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
OCCUPANTS
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Theresa Bland Edwards
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-04-28
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2015-04-28
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the notice of voluntary dismissal filed April 21, 2015, this appeal is dismissed.
|
|
| Docket Date |
2015-04-23
|
| Type |
Order
|
| Subtype |
Order on Motion For Review
|
| Description |
Order Denying Motion For Review ~ ORDERED that upon consideration of GMAC Mortgage, LLC's consolidated response filed April 6, 2015, Bernice Bade's motion filed April 1, 2015 for review of dismissal motion with prejudice is denied; further, ORDERED that Bernice Bade's motion to challenge documents filed April 1, 2015 is stricken as unauthorized.
|
|
| Docket Date |
2015-04-21
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ (DISMISSED 4/28/15)
|
| On Behalf Of |
GMAC MORTGAGE, LLC
|
|
| Docket Date |
2015-04-01
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
BERNICE BADE
|
|
| Docket Date |
2015-04-01
|
| Type |
Motions Other
|
| Subtype |
Motion For Review
|
| Description |
Motion For Review ~ MOTION TO DISMISS (DENIED 4/23/15)
|
| On Behalf Of |
BERNICE BADE
|
|
| Docket Date |
2015-03-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellee's motion filed October 24, 2014, to dismiss appeal, is denied. Fla. R. App. P. 9.020(i); Fla. R. Jud. Admin. 2.154(a)(1)(C); further, ORDERED that appellant's motion filed October 22, 2014, for extension of time, is granted and appellant shall serve the initial brief within thirty (30) days from the date of this order.
|
|
| Docket Date |
2015-02-25
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ (DENIED 3/12/15)
|
| On Behalf Of |
BERNICE BADE
|
|
| Docket Date |
2014-11-18
|
| Type |
Order
|
| Subtype |
Order Relinquishing Jurisdiction
|
| Description |
Jurisdiction Relinquished ~ ORDERED on the Court's own motion that the above-styled case numbers are now consolidated for record purposes; further, ORDERED that this Court's July 25, 2014 order was issued in error. This Court intended to relinquish jurisdiction to the trial court for the limited purpose of considering appellant's motions for rehearing. This Court's July 25, 2014 order relinquishing jurisdiction is vacated; further, ORDERED that jurisdiction is hereby relinquished to the trial court for forty-five (45) days for the limited purposes of vacating the trial court's order rendered September 5, 2014, which vacated the final judgment. The trial court is directed to enter an order reinstating the Amended Final Summary Judgment of Mortgage Foreclosure Nunc Pro Tunc rendered May 16, 2014. Jurisdiction is relinquished for the trial court to consider and rule on appellant's motions for rehearing. The appellant shall forward to this Court a copy of any order issued during relinquishment. Appellant shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of the appellant to request an extension of time by proper motion to this Court. This case shall proceed in this Court upon expiration of relinquishment unless otherwise notified in writing by the parties; further, ORDERED that appellant has not complied with this Court's June 20, 2014 and July 25, 2014 orders. Appellant shall file, within fifteen (15) days from the date of this order, a conformed copy of the order(s) 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. Failure of the appellant to comply with this order will result in the dismissal of this appeal.
|
|
| Docket Date |
2014-11-06
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte, that the appellee's rebuttal response filed November 4, 2014 is hereby stricken as unauthorized.
|
|
| Docket Date |
2014-11-04
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response ~ **STRICKEN**
|
| On Behalf Of |
BERNICE BADE
|
|
| Docket Date |
2014-10-27
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response ~ TO MOTION TO DISMISS
|
| On Behalf Of |
GMAC MORTGAGE, LLC
|
|
| Docket Date |
2014-10-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION TO DISMISS
|
| On Behalf Of |
GMAC MORTGAGE, LLC
|
|
| Docket Date |
2014-10-24
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ (DENIED 3/12/15)
|
| On Behalf Of |
BERNICE BADE
|
|
| Docket Date |
2014-10-22
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ (GRANTED 3/12/15)
|
| On Behalf Of |
GMAC MORTGAGE, LLC
|
|
| Docket Date |
2014-10-09
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2014-10-07
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
GMAC MORTGAGE, LLC
|
|
| Docket Date |
2014-10-07
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
**DNU** order appealed
|
|
|
|
BOCA STEL, LLC VS GMAC MORTGAGE, LLC, et al
|
4D2014-3612
|
2014-09-25
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2011CA010003XXXXMB
|
Parties
| Name |
BOCA STEL LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Brian M. Becher
|
|
| Name |
SUIDAS DENNIS SAHAI
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GMAC MORTGAGE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Larry T. Cortez, ANGELA BARBOSA WILBORN, SUZETTE ANN MAYLOR, KHARI E. TAUSTIN, DAVID F. KNOBEL, Jeremy W. Harris, MASIMBA MAXWELL MUTAMBA
|
|
| Name |
AMY SAHAI
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DHURPATI SAHAI
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-08-18
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the August 14, 2015 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2015-08-18
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2015-08-14
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
BOCA STEL, LLC
|
|
| Docket Date |
2015-08-14
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ RE: STAY
|
| On Behalf Of |
GMAC Mortgage, LLC
|
|
| Docket Date |
2015-06-15
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Grant Stay ~ ORDERED that appellee's June 10, 2015 motion to stay and relinquish jurisdiction is granted and the above-styled appeal is stayed for sixty (60) days from the date of this order. Unless a notice of voluntary dismissal is filed, appellee shall file a status report on or before the expiration of the stay.
|
|
| Docket Date |
2015-06-10
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ *AND* RELINQUISH JURISDICTION
|
| On Behalf Of |
GMAC Mortgage, LLC
|
|
| Docket Date |
2015-05-20
|
| 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 May 11, 2015 second motion for extension of time is granted, and appellee shall serve the answer brief within thirty (30) days from the date of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2015-05-11
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ (GRANTED 5/20/15)
|
| On Behalf Of |
GMAC Mortgage, LLC
|
|
| Docket Date |
2015-03-26
|
| 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 motion filed March 25, 2015, for extension of time, is granted and appellee shall serve the answer brief on or before May 11, 2015. 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 |
2015-03-25
|
| 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 |
GMAC Mortgage, LLC
|
|
| Docket Date |
2015-03-05
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
BOCA STEL, LLC
|
|
| Docket Date |
2015-03-05
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
BOCA STEL, LLC
|
|
| Docket Date |
2015-02-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's motion filed February 9, 2015, for extension of time, is granted and appellant 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 may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2015-02-09
|
| 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 |
BOCA STEL, LLC
|
|
| Docket Date |
2014-12-24
|
| 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 second motion filed December 12, 2014, for extension of time, is granted and appellant shall serve the initial brief within forty-five (45) 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 |
2014-12-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ (GRANTED 12/24/14)
|
| On Behalf Of |
BOCA STEL, LLC
|
|
| Docket Date |
2014-11-14
|
| Type |
Order
|
| Subtype |
Order on Motion For Substitution of Counsel
|
| Description |
ORD-Grant Substitution of Counsel ~ ORDERED that pursuant to the November 10, 2014, stipulation for substitution of counsel, the law firm of Morris, Laing, Evans, Brock & Kennedy, Chartered is hereby substituted for the law firm of Aldridge Connors, LLP, as counsel for appellee, GMAC Mortgage, LLC, in the above-styled cause.
|
|
| Docket Date |
2014-11-10
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion For Substitution of Counsel
|
| Description |
Motion For Substitution of Counsel
|
| On Behalf Of |
GMAC Mortgage, LLC
|
|
| Docket Date |
2014-10-28
|
| 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 motion filed October 15, 2014, for extension of time, is granted and appellant shall serve the initial brief within forty-five (45) 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 |
2014-10-22
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
GMAC Mortgage, LLC
|
|
| Docket Date |
2014-10-15
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
BOCA STEL, LLC
|
|
| Docket Date |
2014-10-07
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement ~ AA Brian M. Becher 0160393
|
|
| Docket Date |
2014-10-06
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ DESIGNATION OF EMAIL ADDRESS
|
| On Behalf Of |
GMAC Mortgage, LLC
|
|
| Docket Date |
2014-10-01
|
| Type |
Order
|
| Subtype |
Order to Register/Update eDCA
|
| Description |
Counsel to register with eDCA ~ Be advised that Suzette Ann Maylor has failed to comply with this Court¿s Administrative Order No. 2013-01, requiring counsel of record to register with the Fourth District Court of Appeal¿s electronic filing system to receive electronic copies of court communications, including but not limited to orders.You are further advised that to receive all communications from this Court in electronic form you must register at www.4dca.org or https://edca.4dca.org.Unless you obtain a hardship waiver of the registration requirement the Clerk of the Court shall cease mailing paper copies of all communications from the Court to you after ten (10) days from the date of this order.Paper copies can be obtained by completing a Copy Request Form located at www.4dca.org.AMERICANS WITH DISABILITIES ACT: If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, the provision of certain assistance. Please contact the Marshal, Daniel DiGiacomo, 4th District Court of Appeal, 1525 Palm Beach Lakes Blvd., West Palm Beach, Florida 33401, telephone (561)242-2000; 1-800-955-8771(TDD): or 1-800-955-8770(V) via Florida Relay Service, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
|
|
| Docket Date |
2014-09-30
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2014-09-30
|
| 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, 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 the entry 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. 4DCA 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 |
2014-09-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
BOCA STEL, LLC
|
|
| Docket Date |
2014-09-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
DONALD F. SUAREZ, III VS OCWEN LOAN SERVICING, LLC, ET AL.
|
5D2014-3053
|
2014-08-25
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Eighteenth Judicial Circuit, Seminole County
2013-CA-000701-14-K
|
Parties
| Name |
DONALD F. SUAREZ, III
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Kelley A. Bosecker
|
|
| Name |
GMAC MORTGAGE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CHASE GROVES COMMUNITY ASSOC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
OCWEN LOAN SERVICING, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Michael W. Smith
|
|
| Name |
HON ROBERT J. PLEUS, JR.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk Seminole
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-02-17
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ MED REPORT
|
|
| Docket Date |
2014-12-12
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ MED REPORT
|
|
| Docket Date |
2014-11-14
|
| Type |
Order
|
| Subtype |
Order re Counsel
|
| Description |
ORD-Withdraw as Counsel
|
|
| Docket Date |
2014-11-14
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
OCWEN Loan Servicing, LLC
|
|
| Docket Date |
2014-11-13
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF MEDIATION
|
|
| Docket Date |
2016-07-11
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD E-FILED
|
|
| Docket Date |
2016-07-11
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2016-06-21
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed ~ PCA
|
|
| Docket Date |
2016-05-10
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-DISPENSING ORAL ARGUMENT
|
|
| Docket Date |
2016-04-15
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
NOTICE OF ORAL ARGUMENT
|
|
| Docket Date |
2016-02-15
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
DONALD F. SUAREZ, III
|
|
| Docket Date |
2016-02-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Grant EOT Reply Brief
|
|
| Docket Date |
2016-02-05
|
| 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 |
DONALD F. SUAREZ, III
|
|
| Docket Date |
2016-01-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Grant EOT Reply Brief
|
|
| Docket Date |
2016-01-06
|
| 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 |
DONALD F. SUAREZ, III
|
|
| Docket Date |
2015-12-16
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
OCWEN Loan Servicing, LLC
|
|
| Docket Date |
2015-12-14
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ (1st) EFILED (20 pages)
|
| On Behalf Of |
Clerk Seminole
|
|
| Docket Date |
2015-11-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Grant EOT for Answer Brief ~ AB DUE 12/16. NO FURTHER EOT'S.
|
|
| Docket Date |
2015-11-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extensio of time to file Answer Brief
|
| On Behalf Of |
OCWEN Loan Servicing, LLC
|
|
| Docket Date |
2015-10-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Grant EOT for Answer Brief
|
|
| Docket Date |
2015-10-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extensio of time to file Answer Brief
|
| On Behalf Of |
OCWEN Loan Servicing, LLC
|
|
| Docket Date |
2015-08-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Grant EOT for Answer Brief
|
|
| Docket Date |
2015-08-24
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extensio of time to file Answer Brief
|
| On Behalf Of |
OCWEN Loan Servicing, LLC
|
|
| Docket Date |
2015-08-13
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ "MOTION FOR OA"; AA Kelley A. Bosecker 0443931
|
|
| Docket Date |
2015-08-03
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
DONALD F. SUAREZ, III
|
|
| Docket Date |
2015-08-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Grant EOT for Initial Brief
|
|
| Docket Date |
2015-07-31
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ AMENDED
|
| On Behalf Of |
DONALD F. SUAREZ, III
|
|
| Docket Date |
2015-07-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Grant EOT for Initial Brief
|
|
| Docket Date |
2015-07-27
|
| 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 |
DONALD F. SUAREZ, III
|
|
| Docket Date |
2015-07-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Grant EOT for Initial Brief ~ & SUPP ROA BY 8/20
|
|
| Docket Date |
2015-07-20
|
| 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 |
DONALD F. SUAREZ, III
|
|
| Docket Date |
2015-07-17
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record ~ DUPLICATE
|
| On Behalf Of |
DONALD F. SUAREZ, III
|
|
| Docket Date |
2015-07-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Grant EOT for Initial Brief ~ 6/29 ORDER IS DISCHARGED
|
|
| Docket Date |
2015-07-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ "REVISED"
|
| On Behalf Of |
DONALD F. SUAREZ, III
|
|
| Docket Date |
2015-06-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Denying EOT Rule 9.300(A)
|
|
| Docket Date |
2015-06-29
|
| 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 |
DONALD F. SUAREZ, III
|
|
| Docket Date |
2015-06-29
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ W/IN 10 DAYS; DISCHARGED PER 7/6 ORDER
|
|
| Docket Date |
2015-04-21
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ AGREED EOT TO FILE INIT BRF TO 6/21
|
| On Behalf Of |
DONALD F. SUAREZ, III
|
|
| Docket Date |
2014-11-07
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
OCWEN Loan Servicing, LLC
|
|
| Docket Date |
2014-11-04
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF MEDIATION
|
| On Behalf Of |
DONALD F. SUAREZ, III
|
|
| Docket Date |
2014-10-22
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
OCWEN Loan Servicing, LLC
|
|
| Docket Date |
2014-10-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Deny Extension of Time ~ TO SET MEDIATION PROCEDURES
|
|
| Docket Date |
2014-10-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ FOR MEDIATION
|
| On Behalf Of |
DONALD F. SUAREZ, III
|
|
| Docket Date |
2014-10-08
|
| Type |
Order
|
| Subtype |
Order of Referral to Mediation
|
| Description |
ORD-Referral To Mediation ~ STAYED 45 DAYS
|
|
| Docket Date |
2014-10-07
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 1 VOL - E-FILED "HYPER" (216 PAGES)
|
|
| Docket Date |
2014-08-25
|
| Type |
Mediation
|
| Subtype |
Other
|
| Description |
Mediation Packet
|
|
| Docket Date |
2014-08-25
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee - Civil appeal (300)
|
|
| Docket Date |
2014-08-25
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2014-08-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 8/19/14
|
| On Behalf Of |
DONALD F. SUAREZ, III
|
|
| Docket Date |
2014-08-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
ROBERT A. LOSINO VS GMAC MORTGAGE, LLC
|
4D2014-2266
|
2014-06-19
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE10-007790 (11)
|
Parties
| Name |
ROBERT LOSINO
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
PETER KNESKI
|
|
| Name |
GMAC MORTGAGE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Eve A. Cann, STEPHEN HUTTMAN, PAUL G. SCHLICHTE, Louis C. Arslanian
|
|
| Name |
Hon. Joel T. Lazarus
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2014-12-12
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2014-12-12
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2014-11-24
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-Withdraw as Counsel ~ The motion of Heidi J. Weinzetl, Esq., for leave to withdraw as counsel for appellee, filed November 14, 2014, is hereby granted. This court notes that Eve A. Cann, Esq., shall remain as appellate counsel.
|
|
| Docket Date |
2014-11-14
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
GMAC Mortgage, LLC
|
|
| Docket Date |
2014-11-13
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2014-11-10
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ DESIGNATION OF EMAIL ADDRESS
|
| On Behalf Of |
GMAC Mortgage, LLC
|
|
| Docket Date |
2014-10-03
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
GMAC Mortgage, LLC
|
|
| Docket Date |
2014-09-08
|
| 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 appellant's motion filed August 25, 2014, for extension of time, is granted. Appellant's reply brief was filed August 29, 2014.
|
|
| Docket Date |
2014-08-29
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
ROBERT LOSINO
|
|
| Docket Date |
2014-08-25
|
| 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 |
ROBERT LOSINO
|
|
| Docket Date |
2014-08-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee, GMAC Mortgage, LLC's motion filed July 28, 2014, for extension of time to file answer brief is hereby granted. Said brief was filed August 5, 2014.
|
|
| Docket Date |
2014-08-05
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
GMAC Mortgage, LLC
|
|
| Docket Date |
2014-07-28
|
| 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 |
GMAC Mortgage, LLC
|
|
| Docket Date |
2014-07-28
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
GMAC Mortgage, LLC
|
|
| Docket Date |
2014-07-07
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
ROBERT LOSINO
|
|
| Docket Date |
2014-07-07
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ TO INITIAL BRIEF
|
| On Behalf Of |
ROBERT LOSINO
|
|
| Docket Date |
2014-06-27
|
| 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, 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 the entry 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. 4DCA 1997). Failure of the attorney to pay will result in referral to the Florida Department of Banking and Finance 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 |
2014-06-24
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ CORRECT AND COMPLETE SERVICE LIST
|
| On Behalf Of |
ROBERT LOSINO
|
|
| Docket Date |
2014-06-23
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Order Requiring Amended Certificate Service ~ ORDERED that appellant shall file, within five (5) days of the date of this order, a notice containing the physical address of every party in the certificate of service.The physical address of any attorney or party served with any pleading filed in this court must be provided along with any email address of that party used for service. See this Court¿s Notice to Attorneys and Parties, paragraph 3. The physical address of persons served shall be listed below the certificate of service.
|
|
| Docket Date |
2014-06-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2014-06-19
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
ROBERT LOSINO
|
|
| Docket Date |
2014-06-19
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
OUR 401 (K) PLAN, etc. VS GMAC MORTGAGE, LLC, etc., et al.
|
4D2014-1632
|
2014-05-05
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
09-59033CACE11
|
Parties
| Name |
NEIL USEDEN
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
OUR 401 (K) PLAN
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jerome L. Tepps
|
|
| Name |
DARREN ROSENTHAL
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GMAC MORTGAGE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
BRIAN MCCLAIN, John Henry Pelzer, Jay L. Farrow
|
|
| Name |
Hon. Joel T. Lazarus
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-09-28
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ AS MOOT.
|
|
| Docket Date |
2015-09-28
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissal ~ Upon consideration of appellee's August 6, 2015 response to order to show cause and motion to dismiss, it isORDERED that the above-styled appeal is dismissed as moot.
|
|
| Docket Date |
2015-08-06
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ REQUEST FOR JUDICIAL NOTICE
|
| On Behalf Of |
GMAC Mortgage, LLC
|
|
| Docket Date |
2015-08-06
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause ~ *AND* MOTION TO DISMISS
|
| On Behalf Of |
GMAC Mortgage, LLC
|
|
| Docket Date |
2015-07-31
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ ORDERED that the parties are directed to file with this Court and show cause, if any there be, within ten (10) days from the date of the entry of this order, why this cause should not be stayed pending resolution of 4D14-1628.
|
|
| Docket Date |
2015-06-04
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
GMAC Mortgage, LLC
|
|
| Docket Date |
2015-04-24
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ TO INITIAL BRIEF
|
| On Behalf Of |
OUR 401 (K) PLAN
|
|
| Docket Date |
2014-12-30
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ TWO (2) VOLUMES
|
|
| Docket Date |
2014-10-17
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that, sua sponte, Case No. 14-1628 is redesignated as a final appeal and is consolidated for record purposes only with Case No. 14-1632; further ORDERED that appellant Darren Rosenthal's October 2, 2014 motion for extension of time filed in Case No. 14-1628 is granted, and appellant shall serve the initial brief in Case No. 14-1628 within 60 days from the filing of the consolidated record on appeal. No further extensions will be permitted.
|
|
| Docket Date |
2014-09-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Record
|
| Description |
ORD-Grant EOT to Complete ROA ~ ORDERED that the clerk's motion filed August 20, 2014, for extension of time is granted, and the time for the clerk of the circuit court to prepare the record on appeal and serve the index thereto is hereby extended forty-five (45) days from the date of this order. All other time frames are hereby extended accordingly. See Florida Rule of Appellate Procedure 9.300(b).
|
|
| Docket Date |
2014-08-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time for Record
|
| Description |
Motion Extension of Time To Complete ROA ~ (GRANTED 9/2/14)
|
|
| Docket Date |
2014-08-13
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
OUR 401 (K) PLAN
|
|
| Docket Date |
2014-08-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Record
|
| Description |
ORD-Grant EOT to Complete ROA ~ ORDERED that the clerk's motion filed July 9, 2014, for extension of time is granted, and the time for the clerk of the circuit court to prepare the record on appeal and serve the index thereto is hereby extended forty-five (45) days from the date of this order. All other time frames are hereby extended accordingly. See Florida Rule of Appellate Procedure 9.300(b).
|
|
| Docket Date |
2014-07-24
|
| 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 motion filed July 7, 2014, for extension of time is granted, and appellant shall serve the initial brief on or before August 13, 2014. 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 |
2014-07-09
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time for Record
|
| Description |
Motion Extension of Time To Complete ROA ~ (GRANTED 8/1/14)
|
|
| Docket Date |
2014-07-07
|
| 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 |
OUR 401 (K) PLAN
|
|
| Docket Date |
2014-06-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time for Record
|
| Description |
ORD-Grant EOT to Complete ROA ~ ORDERED that the clerk's motion filed May 29, 2014, for extension of time is granted, and the time for the clerk of the circuit court to prepare the record on appeal and serve the index thereto is hereby extended forty-five (45) days from the date of this order. All other time frames are hereby extended accordingly. See Fla. R. App. P. 9.300(b).
|
|
| Docket Date |
2014-05-29
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time for Record
|
| Description |
Motion Extension of Time To Complete ROA
|
|
| Docket Date |
2014-05-07
|
| 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, 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 the entry 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. 4DCA 1997). Failure of the attorney to pay will result in referral to the Florida Department of Banking and Finance 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 |
2014-05-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2014-05-05
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
OUR 401 (K) PLAN
|
|
| Docket Date |
2014-05-05
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2014-04-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
OUR 401 (K) PLAN
|
|
|
|
STEVEN KING VS GMAC MORTGAGE, LLC
|
4D2013-4352
|
2013-11-22
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502008CA024735
|
Parties
| Name |
STEVEN GEORGE KING
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
JUNE M. CLARKSON, Theresa Bland Edwards
|
|
| Name |
GMAC MORTGAGE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Marc James Ayers, MARY ANN COUCH, Marshall J Osofsky
|
|
| 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 |
2014-03-14
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed (No Record)
|
|
| Docket Date |
2014-02-13
|
| Type |
Order
|
| Subtype |
Order to Register/Update eDCA
|
| Description |
Counsel to register with eDCA ~ Be advised that Marshall J. Osofsky, Kinley I. Engvalson, Paul A. Krasker and Jennifer N. Lane have failed to comply with this Court¿s Administrative Order No. 2013-01, requiring counsel of record to register with the Fourth District Court of Appeal¿s electronic filing system to receive electronic copies of court communications, including but not limited to orders.You are further advised that to receive all communications from this Court in electronic form you must register at www.4dca.org or https://edca.4dca.org.Unless you obtain a hardship waiver of the registration requirement the Clerk of the Court shall cease mailing paper copies of all communications from the Court to you after ten (10) days from the date of this order.Paper copies can be obtained by completing a Copy Request Form located at www.4dca.org.AMERICANS WITH DISABILITIES ACT: If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, the provision of certain assistance. Please contact the Marshal, Daniel DiGiacomo, 4th District Court of Appeal, 1525 Palm Beach Lakes Blvd., West Palm Beach, Florida 33401, telephone (561)242-2000; 1-800-955-8771(TDD): or 1-800-955-8770(V) via Florida Relay Service, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
|
|
| Docket Date |
2014-02-11
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2014-02-11
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the notice of voluntary dismissal filed herein this appeal is dismissed.
|
|
| Docket Date |
2014-02-05
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Motion For Voluntary Dismissal
|
| On Behalf Of |
STEVEN GEORGE KING
|
|
| Docket Date |
2014-02-05
|
| Type |
Order
|
| Subtype |
Order to Register/Update eDCA
|
| Description |
Counsel to register with eDCA ~ Be advised that Marshall J. Osofsky, Kinley I. Engvalson, Paul A. Krasker and Jennifer N. Lane have failed to comply with this Court¿s Administrative Order No. 2013-01, requiring counsel of record to register with the Fourth District Court of Appeal¿s electronic filing system to receive electronic copies of court communications, including but not limited to orders.You are further advised that to receive all communications from this Court in electronic form you must register at www.4dca.org or https://edca.4dca.org.Unless you obtain a hardship waiver of the registration requirement the Clerk of the Court shall cease mailing paper copies of all communications from the Court to you after ten (10) days from the date of this order.Paper copies can be obtained by completing a Copy Request Form located at www.4dca.org.AMERICANS WITH DISABILITIES ACT: If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, the provision of certain assistance. Please contact the Marshal, Daniel DiGiacomo, 4th District Court of Appeal, 1525 Palm Beach Lakes Blvd., West Palm Beach, Florida 33401, telephone (561)242-2000; 1-800-955-8771(TDD): or 1-800-955-8770(V) via Florida Relay Service, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
|
|
| Docket Date |
2014-02-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ *****AMENDED SEE BELOW***** ORDERED that appellant's motion filed January 247, 2014, for extension of time is granted, and appellant shall serve the initial brief on or before March 3, 2014. 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 |
2014-01-27
|
| 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 |
STEVEN GEORGE KING
|
|
| Docket Date |
2014-01-06
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ AND MARC JAMES AYERS
|
| On Behalf Of |
GMAC MORTGAGE LLC
|
|
| Docket Date |
2013-12-26
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, 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, 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 the entry 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. 4DCA 1997). Failure of the attorney to pay will result in referral to the Florida Department of Banking and Finance 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 |
2013-12-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2013-11-22
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
STEVEN GEORGE KING
|
|
| Docket Date |
2013-11-22
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
LAURA S. RESTREPO VS GMAC MORTGAGE, LLC
|
4D2013-3372
|
2013-09-12
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE08023615
|
Parties
| Name |
LAURA SOFIA RESTREPO
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
GMAC MORTGAGE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
VICTOR S. KLINE, HEATHER CRAIG
|
|
| Name |
Hon. Joel T. Lazarus
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2014-02-11
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ **BRIEF STRICKEN--SEE 2/20/14 ORDER**
|
| On Behalf Of |
LAURA SOFIA RESTREPO
|
|
| Docket Date |
2014-01-16
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Moot ~ ORDERED that the appellant's motion for default filed January 15, 2014, is hereby determined moot. Appellee's answer brief filed January 13, 2014.
|
|
| Docket Date |
2014-08-29
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed (Record filed Electronically)
|
|
| Docket Date |
2014-07-24
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Miscellaneous
|
| Description |
Supreme Court Disposition ~ SC14-1333
|
|
| Docket Date |
2014-07-14
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Ack. Receipt from Supreme Court ~ SC14-1333
|
|
| Docket Date |
2014-07-02
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice sent to the Supreme Court
|
|
| Docket Date |
2014-07-01
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice of Discretionary Jurisdiction to Supreme Court ~ emailed from Sup.Crt. (filed with them 7/1/14)
|
| On Behalf Of |
LAURA SOFIA RESTREPO
|
|
| Docket Date |
2014-05-30
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2014-05-30
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissal ~ ORDERED sua sponte, the above-styled appeal is hereby dismissed; further, ORDERED that appellee's motion filed March 13, 2014, to strike appellant's "Notice of Supplemental Authority" is hereby determined to be moot.
|
|
| Docket Date |
2014-05-15
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
GMAC MORTGAGE LLC
|
|
| Docket Date |
2014-05-05
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
GMAC MORTGAGE LLC
|
|
| Docket Date |
2014-04-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
| Description |
Order Denying Rehearing Interim Order ~ ORDERED that appellant's motion filed March 11, 2014, for reconsideration of the order issued on February 20, 2014 granting appellee's motion to strike is hereby denied; further,ORDERED that appellee's motion filed March 13, 2014, to strike appellant's notice of supplemental authority is reserved and will be considered along with the merits of the case.
|
|
| Docket Date |
2014-04-15
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
GMAC MORTGAGE LLC
|
|
| Docket Date |
2014-03-13
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ NOTICE OF SUPPLEMENTAL AUTHORITY (MOOT 5/30/14)
|
| On Behalf Of |
GMAC MORTGAGE LLC
|
|
| Docket Date |
2014-03-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR RECONSIDERATION
|
| On Behalf Of |
GMAC MORTGAGE LLC
|
|
| Docket Date |
2014-03-11
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
LAURA SOFIA RESTREPO
|
|
| Docket Date |
2014-03-11
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing/Interim Order ~ 2/20/14 ORDER (DENIED 4/24/14)
|
| On Behalf Of |
LAURA SOFIA RESTREPO
|
|
| Docket Date |
2014-02-20
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Grant Motion to Strike ~ ORDERED that the appellee's motion filed February 13, 2014, to strike appellant's reply brief is granted, and the reply brief of appellant filed February 11, 2014, is hereby stricken.
|
|
| Docket Date |
2014-02-13
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ REPLY BRIEF (GRANTED 2/20/14)
|
| On Behalf Of |
GMAC MORTGAGE LLC
|
|
| Docket Date |
2014-01-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR DEFAULT
|
| On Behalf Of |
GMAC MORTGAGE LLC
|
|
| Docket Date |
2014-01-15
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ FOR DEFAULT
|
| On Behalf Of |
LAURA SOFIA RESTREPO
|
|
| Docket Date |
2014-01-13
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
GMAC MORTGAGE LLC
|
|
| Docket Date |
2013-11-14
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ ONE (1) VOLUME
|
|
| Docket Date |
2013-10-30
|
| 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 motion filed October 22, 2013, for extension of time is granted, and appellee shall serve the answer brief on or before January 14, 2014. 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 |
2013-10-22
|
| 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 |
GMAC MORTGAGE LLC
|
|
| Docket Date |
2013-10-21
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
LAURA SOFIA RESTREPO
|
|
| Docket Date |
2013-10-21
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO INITIAL BRIEF
|
| On Behalf Of |
LAURA SOFIA RESTREPO
|
|
| Docket Date |
2013-10-16
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
GMAC MORTGAGE LLC
|
|
| Docket Date |
2013-10-11
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief/Apdx ~ ORDERED, the appellant in the above-styled case is hereby directed to file with this Court, and show cause in writing, if any there be, on or before October 21, 2013, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's initial brief and appendix have not been filed with this Court as of this date, pursuant to Fla. R. App. P. 9.130(e). Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief and appendix are filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2013-09-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2013-09-20
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se civil appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, 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, 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 the entry 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.If you have already been found indigent for purposes of proceedings in the lower tribunal, in this case, please file a copy of that order in this court. If you do not have an order or a determination of indigent status and believe that you are insolvent, complete the enclosed application and mail to the Clerk of the Circuit Court 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 Circuit Court 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 circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2013-09-12
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
LAURA SOFIA RESTREPO
|
|
| Docket Date |
2013-09-12
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
LIOBEL ORGA, VS GMAC MORTGAGE LLC,
|
3D2013-2110
|
2013-08-16
|
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
10-58330
|
Parties
| Name |
LIOBEL ORGA
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
DIEGO G. MENDEZ
|
|
| Name |
GMAC MORTGAGE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
CHOICE LEGAL GROUP, P.A.
|
|
| Name |
HON. DARRIN P. GAYLES
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2013-10-16
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal ~ 1 volume.
|
|
| Docket Date |
2013-10-08
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2013-10-08
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2013-09-18
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2013-09-18
|
| 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 August 20, 2013, and with the Florida Rules of Appellate Procedure.
|
|
| Docket Date |
2013-08-20
|
| 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 ($300.00) dollar fee is paid to the Clerk of the Court on or before August 30, 2013.
|
|
| Docket Date |
2013-08-16
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2013-08-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
LIOBEL ORGA
|
|
| Docket Date |
2013-08-16
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
DM:No Fee - Case Dismissed
|
|
|
|
MITCHELL SALTZMAN AND RANDI SALTZMAN VS GMAC MORTGAGE, LLC.
|
4D2013-1983
|
2013-06-04
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502012CA016135XX
|
Parties
| Name |
RANDI SALTZMAN
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MITCHELL SALTZMAN
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
RICHARD WIDELL
|
|
| Name |
GMAC MORTGAGE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Marc James Ayers
|
|
| Name |
Hon. Susan R. Lubitz
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2014-11-14
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2014-11-14
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2014-10-23
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that appellants' motion filed February 28, 2014, for prevailing party attorneys' fees and costs is hereby denied.
|
|
| Docket Date |
2014-10-23
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2014-03-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
MITCHELL SALTZMAN
|
|
| Docket Date |
2014-03-26
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ TWO (2) VOLUMES
|
|
| Docket Date |
2014-03-26
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Record-on-Appeal ~ ORDERED, the appellant in the above-styled case is hereby directed to file with this Court, and show cause in writing, if any there be, on or before April 10, 2014, why the above-styled case should not be dismissed for lack of timely prosecution, in that the record-on-appeal has not been transferred to this Court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the record-on-appeal is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2014-02-28
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
MITCHELL SALTZMAN
|
|
| Docket Date |
2014-01-22
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ TO REPLY BRIEF
|
| On Behalf Of |
MITCHELL SALTZMAN
|
|
| Docket Date |
2014-01-22
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
MITCHELL SALTZMAN
|
|
| Docket Date |
2014-01-15
|
| 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' unopposed motion filed January 7, 2014, for enlargement of time is granted, and appellants shall serve the reply brief within forty-five (45) days from the date of the entry of this order. In addition, if the reply brief is served after the time provided for in this order said brief may be stricken.
|
|
| Docket Date |
2014-01-07
|
| 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 |
MITCHELL SALTZMAN
|
|
| Docket Date |
2013-11-12
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ TO ANSWER BRIEF
|
| On Behalf Of |
GMAC MORTGAGE LLC
|
|
| Docket Date |
2013-11-12
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
GMAC MORTGAGE LLC
|
|
| Docket Date |
2013-10-23
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ TO INITIAL BRIEF
|
| On Behalf Of |
MITCHELL SALTZMAN
|
|
| Docket Date |
2013-10-18
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
MITCHELL SALTZMAN
|
|
| Docket Date |
2013-10-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants' motion filed September 27, 2013, for extension of time is granted, and appellants shall serve the initial brief on or before October 15, 2013. 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 |
2013-09-27
|
| 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 |
MITCHELL SALTZMAN
|
|
| Docket Date |
2013-09-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants' motion filed August 29, 2013, for extension of time is granted, and appellants shall serve the initial brief on or before September 30, 2013. 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 |
2013-08-29
|
| 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 |
MITCHELL SALTZMAN
|
|
| Docket Date |
2013-08-14
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
GMAC MORTGAGE LLC
|
|
| Docket Date |
2013-07-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ 45 DAYS FOR INITIAL BRIEF, 10 DAYS FOR DOCKETING STATEMENT
|
|
| Docket Date |
2013-07-01
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ AND DOCKETING STATEMENT
|
| On Behalf Of |
MITCHELL SALTZMAN
|
|
| Docket Date |
2013-06-11
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2013-06-11
|
| 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, 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 the entry 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. 4DCA 1997). Failure of the attorney to pay will result in referral to the Florida Department of Banking and Finance 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 |
2013-06-04
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
MITCHELL SALTZMAN
|
|
| Docket Date |
2013-06-04
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
MARVIN H. CASTELLANOS & BRAYAN S. TORRES, VS GMAC MORTGAGE, LLC,
|
3D2013-0847
|
2013-03-28
|
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
10-26320
|
Parties
| Name |
MARVIN CASTELLANOS
|
| Role |
Appellant
|
| Status |
Withdrawn
|
|
| Name |
BRAYAN TORRES
|
| Role |
Appellant
|
| Status |
Withdrawn
|
|
| Name |
GMAC MORTGAGE, LLC
|
| Role |
Appellee
|
| Status |
Withdrawn
|
|
| Name |
HON. JOHN SCHLESINGER
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Harvey Ruvin
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2014-08-04
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2014-08-04
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2014-07-18
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Attorney Fees Granted (OG47) ~ Upon consideration of the motion for attorneys¿ fees filed by appellee, it is ordered that said motion is granted and remanded to the trial court to fix amount. ROTHENBERG, FERNANDEZ and SCALES, JJ., concur.
|
|
| Docket Date |
2014-07-18
|
| Type |
Motion
|
| Subtype |
Attorney's Fees
|
| Description |
Attorneys fees denied (OD47) ~ Upon consideration of the motion for attorney's fees filed by appellants, it is ordered that said motion is hereby denied. ROTHENBERG, FERNANDEZ and SCALES, JJ., concur.
|
|
| Docket Date |
2014-07-09
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2014-02-10
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
MARVIN CASTELLANOS
|
|
| Docket Date |
2014-02-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ RB-4 days to 2/10/14.
|
|
| Docket Date |
2014-02-06
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
MARVIN CASTELLANOS
|
|
| Docket Date |
2014-01-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ RB-15 days to 2/6/14
|
|
| Docket Date |
2014-01-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
MARVIN CASTELLANOS
|
|
| Docket Date |
2014-01-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ RB-20 days to 1/22/14
|
|
| Docket Date |
2013-12-31
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time ~ to file appellant's reply brief.
|
| On Behalf Of |
MARVIN CASTELLANOS
|
|
| Docket Date |
2013-12-13
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
GMAC MORTGAGE LLC
|
|
| Docket Date |
2013-12-13
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
GMAC MORTGAGE LLC
|
|
| Docket Date |
2013-12-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AE-9 days to 12/13/13
|
|
| Docket Date |
2013-12-04
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
GMAC MORTGAGE LLC
|
|
| Docket Date |
2013-11-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AE-30 days to 12/4/13
|
|
| Docket Date |
2013-11-01
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
GMAC MORTGAGE LLC
|
|
| Docket Date |
2013-10-18
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
MARVIN CASTELLANOS
|
|
| Docket Date |
2013-10-17
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Mot to Supplement Rec w/attachment Granted (OG13) ~ Appellants¿ October 10, 2013 motion to supplement the record is granted, and the record on appeal is supplemented to include the transcript which is attached to said motion.
|
|
| Docket Date |
2013-10-10
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
MARVIN CASTELLANOS
|
|
| Docket Date |
2013-10-10
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion Supplem/Record with/Attached
|
| On Behalf Of |
MARVIN CASTELLANOS
|
|
| Docket Date |
2013-10-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-5 days to 1010/13
|
|
| Docket Date |
2013-10-04
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
MARVIN CASTELLANOS
|
|
| Docket Date |
2013-07-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-60 days to 10/5
|
|
| Docket Date |
2013-07-23
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
MARVIN CASTELLANOS
|
|
| Docket Date |
2013-07-22
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal ~ 1 volume.
|
|
| Docket Date |
2013-06-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ IB-60 days
|
|
| Docket Date |
2013-05-31
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
BRAYAN TORRES
|
|
| Docket Date |
2013-05-23
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
GMAC MORTGAGE LLC
|
|
| Docket Date |
2013-04-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case.
|
|
| Docket Date |
2013-03-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2013-03-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
BRAYAN TORRES
|
|
|
