|
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.
|
|
|
|
GREGG E. ACKERMAN VS HMC ASSETS, LLC , etc., et al.
|
4D2021-1942
|
2021-06-21
|
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
502009CA039355XXXMB
|
Parties
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Gregg E. Ackerman
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Margery Ellen Golant
|
|
| Name |
MARINA BAY NEIGHBORHOOD ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
US Bank National Association
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CAM XVIII Trust
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GMAC MORTGAGE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Greg H. Rosenthal, Roy Diaz, Stevens & Goldwin, P.A., Adam Alexander Diaz, Ashland R. Medley
|
|
| Name |
Jane Ackerman
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
RMAC Trust Series 2013-IT
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
The Isles at Wellington Community Associtation, Inc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HMC ASSETS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Unknown Tenants in Possession of the Subject Property
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. James Nutt
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-05-20
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-05-20
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-05-04
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Deny Motion to Supplement Record ~ ORDERED that appellee HMC Assets, LLC’s, solely in its capacity as CAM XVIII Trust, March 30, 2022 motion to supplement the record is denied.
|
|
| Docket Date |
2022-05-04
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Per Curiam Opinion
|
|
| Docket Date |
2022-05-02
|
| 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 |
Gregg E. Ackerman
|
|
| Docket Date |
2022-04-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO APPELLEE'S MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
Gregg E. Ackerman
|
|
| Docket Date |
2022-04-14
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
Objection
|
| On Behalf Of |
Gregg E. Ackerman
|
|
| Docket Date |
2022-04-14
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Gregg E. Ackerman
|
|
| Docket Date |
2022-03-30
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
GMAC Mortgage, LLC
|
|
| Docket Date |
2022-03-30
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
GMAC Mortgage, LLC
|
|
| Docket Date |
2022-03-30
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ AND COSTS AND RESPONSE IN OPPOSITION TO APPELLANT'S MOTION FOR ATTORNEY'S FEES (Response filed 4/18/22)
|
| On Behalf Of |
GMAC Mortgage, LLC
|
|
| Docket Date |
2022-03-29
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that appellant’s March 25, 2022 amended initial brief is stricken as untimely.
|
|
| Docket Date |
2022-03-25
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief ~ **Stricken**
|
| On Behalf Of |
Gregg E. Ackerman
|
|
| Docket Date |
2022-03-25
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Gregg E. Ackerman
|
|
| Docket Date |
2022-01-25
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 57 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-01-18
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellant’s January 14, 2022 motion to supplement the record is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within ten (10) days from the date of this order. Appellant shall monitor the supplementation process.
|
|
| Docket Date |
2022-01-14
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Gregg E. Ackerman
|
|
| Docket Date |
2022-01-10
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
ORD-Deny Relinquishment of Jurisdiction ~ ORDERED that the appellee’s January 3, 2022 motion to relinquish jurisdiction is denied. Further, ORDERED that the appellee shall file the answer brief within five (5) days from the date of this order.
|
|
| Docket Date |
2022-01-03
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
|
| On Behalf Of |
GMAC Mortgage, LLC
|
|
| Docket Date |
2021-12-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
GMAC Mortgage, LLC
|
|
| Docket Date |
2021-12-13
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 20 DAYS TO 01/03/2022
|
|
| Docket Date |
2021-11-23
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 20 DAYS TO 12/13/2021
|
|
| Docket Date |
2021-11-23
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
GMAC Mortgage, LLC
|
|
| Docket Date |
2021-10-04
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Gregg E. Ackerman
|
|
| Docket Date |
2021-09-23
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 254 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2021-09-22
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief/ROA ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellant’s initial brief and the record-on-appeal have 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 and record-on-appeal are filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2021-08-31
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Notice of Inability to Transmit Record on Appeal filed by the clerk of the lower tribunal on August 23, 2021, appellant is ordered to file a report, within ten (10) days from the date of this order, as to the status of the payment for the record on appeal.
|
|
| Docket Date |
2021-08-23
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF INABILITY TO TRANSMIT RECORD ON APPEAL
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2021-07-22
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
GMAC Mortgage, LLC
|
|
| Docket Date |
2021-07-20
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
GMAC Mortgage, LLC
|
|
| Docket Date |
2021-06-30
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Gregg E. Ackerman
|
|
| Docket Date |
2021-06-22
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes, is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
|
|
| Docket Date |
2021-06-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-06-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-06-21
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Gregg E. Ackerman
|
|
|
|
ORLANDO PEREZ, et al., VS GMAC MORTGAGE LLC,
|
3D2020-0628
|
2020-04-09
|
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
08-39415
|
Parties
| Name |
NELLY TORO
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MAIKEL PEREZ
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ORLANDO PEREZ, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
GMAC MORTGAGE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Arda Goker, JIMMY K. EDWARDS, GIUSEPPE S. CATAUDELLA, MICHAEL J. POSNER, Kimberly S. Mello
|
|
| Name |
Hon. Valerie R. Manno Schurr
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-07-24
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-07-24
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2020-07-10
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Denied (OD999) ~ Upon consideration, Appellee Felix Tota’s Motion to Accept Response to Motion for Rehearing En Banc and to Strike Memorandum is hereby denied as moot.SALTER, LINDSEY and MILLER, JJ., concur.
|
|
| Docket Date |
2020-07-07
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ MOTION TO ACCEPT RESPONSE TO MOTION FORREHEARING EN BANC AND TO STRIKE MEMORANDUM
|
| On Behalf Of |
GMAC MORTGAGE LLC
|
|
| Docket Date |
2020-07-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing and Rehearing En Banc
|
| Description |
Treat EnBanc as Incl. Reh. & Deny(OD57H) ~ Upon consideration, the appellants’ pro se Motions for Rehearing En Banc are treated as having included motions for rehearing. The motions for rehearing are denied. SALTER, LINDSEY and MILLER, JJ., concur. The Motions for Rehearing En Banc are denied.
|
|
| Docket Date |
2020-07-06
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Docket Entry ~ APPELLANTS MEMORANDUM IN OPPOSITIONTO APELLEES RESPONSE TO APELLANTS MOTIONFOR REHEARING EN BANC
|
| On Behalf Of |
MAIKEL PEREZ
|
|
| Docket Date |
2020-06-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO APPELLANTS' MOTION FOR REHEARING EN BANC
|
| On Behalf Of |
GMAC MORTGAGE LLC
|
|
| Docket Date |
2020-06-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S RESPONSE TO APPELLANTS'MOTION FOR REHEARING EN BANC
|
| On Behalf Of |
GMAC MORTGAGE LLC
|
|
| Docket Date |
2020-06-11
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing En Banc
|
| Description |
Motion For Rehearing EN BANC ~ APPELLANT'S MOTION FOR REHEARING EN BANC
|
| On Behalf Of |
ORLANDO PEREZ
|
|
| Docket Date |
2020-05-26
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2020-05-26
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion to Dismiss Granted (OG32) ~ Following review of the appellants’ pro se Response, it is ordered that the appellee’s Motion to Dismiss the Appeal for Lack of Jurisdiction is granted, and this appeal from the Circuit Court for Miami-Dade County, Florida, is hereby dismissed.
|
|
| Docket Date |
2020-05-18
|
| Type |
Brief
|
| Subtype |
Memorandum Brief
|
| Description |
Memorandum Brief ~ MEMORANDUM IN OPPOSITION TO GMACMORTGAGE LLC MOTION TO DISMISS
|
| On Behalf Of |
ORLANDO PEREZ
|
|
| Docket Date |
2020-05-13
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ SUPPLEMENTAL APPENDIX TO MOTION TO DISMISS APPEAL
|
| On Behalf Of |
GMAC MORTGAGE LLC
|
|
| Docket Date |
2020-05-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO MEMORANDUM INOPPOSITION TO MOTION TO DISMISS
|
| On Behalf Of |
GMAC MORTGAGE LLC
|
|
| Docket Date |
2020-05-08
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion to Dismiss Denied (OD32) ~ Upon consideration, Appellee’s Motion to Dismiss for failure to pay the filing fee is hereby denied. The remainder of the Motion to Dismiss is carried with the case.
|
|
| Docket Date |
2020-05-07
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ MOTION TO DISMISS APPEAL FOR LACK OF JURISDICTION
|
| On Behalf Of |
GMAC MORTGAGE LLC
|
|
| Docket Date |
2020-05-07
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO MOTION TO DISMISS APPEAL FOR LACK OF JURISDICTION
|
| On Behalf Of |
GMAC MORTGAGE LLC
|
|
| Docket Date |
2020-05-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response Letter ~ Response to motion to dismiss.
|
| On Behalf Of |
ORLANDO PEREZ
|
|
| Docket Date |
2020-05-01
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ of payment of fee
|
| On Behalf Of |
ORLANDO PEREZ
|
|
| Docket Date |
2020-04-23
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
GMAC MORTGAGE LLC
|
|
| Docket Date |
2020-04-14
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
GMAC MORTGAGE LLC
|
|
| Docket Date |
2020-04-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
GMAC MORTGAGE LLC
|
|
| Docket Date |
2020-04-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2020-04-09
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/o atty (OR14C) ~ This is to notify Appellants that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court by cash, cashier’s check, money order, or electronically through the Florida Courts E-Filing Portal on or before April 19, 2020, or unless 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.
|
|
| Docket Date |
2020-04-09
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. ** The $300 filing fee for an appeal is due.
|
|
|
|
SEAN CROMER VS OCWEN LOAN SERVICING, LLC and GMAC MORTGAGE, LLC
|
4D2019-2067
|
2019-07-01
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 11-021669 (11)
|
Parties
| Name |
SEAN CROMER
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Catherine A. Riggins
|
|
| Name |
Broward County
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
OCWEN LOAN SERVICING, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jennifer N. Lane, Steven J. Brotman, Maya Allison Moore, Michael P. De Simone, Tara N. Castillo
|
|
| Name |
GMAC MORTGAGE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Frank Ledee
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-02-28
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-02-28
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-02-06
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that the appellant’s November 20, 2019 motion for appellate attorney's fees is denied.
|
|
| Docket Date |
2020-02-06
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2019-12-17
|
| Type |
Order
|
| Subtype |
Order on Motion to Accept Brief as Timely
|
| Description |
Grant to Accept Brief Filed as Timely ~ ORDERED that appellant's November 26, 2019 motion to accept brief as timely filed is granted. The reply brief is deemed timely filed as of the date of this order.
|
|
| Docket Date |
2019-11-26
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ **DEEMED TIMELY**
|
| On Behalf Of |
SEAN CROMER
|
|
| Docket Date |
2019-11-26
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Accept Brief as Timely
|
| Description |
Motion To Accept Timely Brief
|
| On Behalf Of |
SEAN CROMER
|
|
| Docket Date |
2019-11-20
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
SEAN CROMER
|
|
| Docket Date |
2019-10-21
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
OCWEN LOAN SERVICING, LLC
|
|
| Docket Date |
2019-10-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's October 10, 2019 motion for extension of time is granted, and appellee shall serve the answer brief on or before October 25, 2019. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2019-10-10
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
OCWEN LOAN SERVICING, LLC
|
|
| Docket Date |
2019-09-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's September 9, 2019 motion for extension of time is granted, and appellee shall serve the answer brief within thirty (30) days from the date of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2019-09-09
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
OCWEN LOAN SERVICING, LLC
|
|
| Docket Date |
2019-09-06
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
OCWEN LOAN SERVICING, LLC
|
|
| Docket Date |
2019-08-12
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
SEAN CROMER
|
|
| Docket Date |
2019-08-12
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
SEAN CROMER
|
|
| Docket Date |
2019-07-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's July 12, 2019 motion for extension of time is granted, and appellant shall serve the initial brief and appendix on or before August 12, 2019. In addition, if the initial brief and appendix are not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2019-07-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
SEAN CROMER
|
|
| Docket Date |
2019-07-10
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
SEAN CROMER
|
|
| Docket Date |
2019-07-02
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2019-07-02
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-07-01
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-07-01
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
SEAN CROMER
|
|
|
|
PHILLIP S. HEUER AND LISA ANN HEUER VS BRANCH BANKING AND TRUST COMPANY, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR GMAC MORTGAGE CORPORATION D/B/A DITECH.COM, OCWEN LOAN SERVICING, LLC, ET AL.
|
5D2019-1895
|
2019-06-27
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifth Judicial Circuit, Sumter County
2018-CA-221
|
Parties
| Name |
Phillip S. Heuer
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Lisa Ann Heuer
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
OCWEN LOAN SERVICING, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Branch Banking and Trust Company
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Lyndsey I. Pruett, Michael Esposito, Robert M. Coplen
|
|
| Name |
GMAC MORTGAGE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Mortgage Electronic Registration System, Inc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. R. Gregg Jerald
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk Sumter
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-04-06
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD EFILED
|
|
| Docket Date |
2020-04-06
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-03-17
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Deny Miscellaneous Motion ~ AS MOOT; NO ACTION WILL BE TAKEN ON AA'S RESPONSE AND APX TO RESP
|
|
| Docket Date |
2020-03-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ AMENDED 2/24 RESPONSE TO MOT FOR FEES AND COSTS
|
| On Behalf Of |
Phillip S. Heuer
|
|
| Docket Date |
2020-03-16
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ FOR LEAVE TO FILE CORRECTED APX TO RESPONSE
|
| On Behalf Of |
Phillip S. Heuer
|
|
| Docket Date |
2020-03-16
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response ~ AMENDED
|
| On Behalf Of |
Phillip S. Heuer
|
|
| Docket Date |
2020-03-10
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Opinion ~ CIT OP
|
|
| Docket Date |
2020-03-10
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney's Fees ~ ATTYS FEES GRANTED CONTINGENT UPON LT DETERMINING AE IS ENTITLED TO ATTYS FEES. 3/6 ORDER IS WITHDRAWN AS MOOT.
|
|
| Docket Date |
2020-03-09
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
Order Deny Motion to Strike ~ 2/4 MOT TO STRIKE IS DENIED
|
|
| Docket Date |
2020-03-06
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion ~ AA BY 3/16 FILE AMENDED APX - WITHDRAWN PER 3/10 ORDER
|
|
| Docket Date |
2020-02-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO MOT FOR FEES AND COSTS- PER 2/12 ORDER
|
| On Behalf Of |
Phillip S. Heuer
|
|
| Docket Date |
2020-02-24
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Phillip S. Heuer
|
|
| Docket Date |
2020-02-24
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ FOR LEAVE TO CORRECT APPENDIX
|
| On Behalf Of |
Phillip S. Heuer
|
|
| Docket Date |
2020-02-12
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ AA TO RESPOND TO AE'S 2/11 MOT FOR FEES W/IN 10 DAYS
|
|
| Docket Date |
2020-02-11
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Fees and Cost
|
| On Behalf Of |
Branch Banking and Trust Company
|
|
| Docket Date |
2020-02-04
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ AND DISMISS APPEAL
|
| On Behalf Of |
Branch Banking and Trust Company
|
|
| Docket Date |
2020-01-28
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief
|
| On Behalf Of |
Phillip S. Heuer
|
|
| Docket Date |
2020-01-16
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
ORD-Grant Motion to Strike ~ AA FILE SECOND AMEND IB BY 1/29
|
|
| Docket Date |
2020-01-06
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
Branch Banking and Trust Company
|
|
| Docket Date |
2020-01-02
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief
|
| On Behalf Of |
Phillip S. Heuer
|
|
| Docket Date |
2019-12-17
|
| Type |
Order
|
| Subtype |
Order on Motion To Strike
|
| Description |
ORD-Grant Motion to Strike ~ AA 11/14/19 IB STRICKEN; AA SERVE AMEND IB BY 1/2/20
|
|
| Docket Date |
2019-12-02
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken (certificate of service) ~ AMEND MOT W/IN 10 DAYS
|
|
| Docket Date |
2019-12-02
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief ~ EOT TO CORRECT AND AMEND IB; STRICKEN PER 12/2 ORDER
|
| On Behalf Of |
Phillip S. Heuer
|
|
| Docket Date |
2019-11-19
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ AA W/IN 10 DAYS- MOT TO STRIKE
|
|
| Docket Date |
2019-11-18
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
Branch Banking and Trust Company
|
|
| Docket Date |
2019-11-14
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ STRICKEN PER 12/17 ORDER
|
| On Behalf Of |
Phillip S. Heuer
|
|
| Docket Date |
2019-09-20
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 1423 PAGES
|
| On Behalf Of |
Clerk Sumter
|
|
| Docket Date |
2019-09-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Grant EOT for Initial Brief ~ IB BY 11/14
|
|
| Docket Date |
2019-09-05
|
| 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 |
Phillip S. Heuer
|
|
| Docket Date |
2019-08-20
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Order Deny Rehearing Interim Order
|
|
| Docket Date |
2019-08-19
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing/Interim Order ~ OF 8/13 ORDER; TITLED: "NOTICE OF OBJECTION TO 5DCA ORDER ON AA'S MOTION TO STAY"
|
| On Behalf Of |
Phillip S. Heuer
|
|
| Docket Date |
2019-08-13
|
| Type |
Order
|
| Subtype |
Order on Motion For Review
|
| Description |
Order Deny Motion For Review
|
|
| Docket Date |
2019-08-05
|
| Type |
Motions Other
|
| Subtype |
Motion For Review
|
| Description |
Motion For Review ~ OF LT 7/24/19 MOTION TO STAY
|
| On Behalf Of |
Phillip S. Heuer
|
|
| Docket Date |
2019-07-05
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ PER 6/27 ORDER
|
| On Behalf Of |
Phillip S. Heuer
|
|
| Docket Date |
2019-06-27
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 6/26/19
|
| On Behalf Of |
Phillip S. Heuer
|
|
| Docket Date |
2019-06-27
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
ORD-AA to File Amended NOA ~ W/IN 10 DAYS
|
|
| Docket Date |
2019-06-27
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2019-06-27
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
