|
Murline Gelin, Appellant(s), v. Carrington Mortgage Services, LLC, et al., Appellee(s).
|
3D2024-2158
|
2024-12-03
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
22-5708-CA-01
|
Parties
| Name |
Murline Gelin
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CARRINGTON MORTGAGE SERVICES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Michele R Clancy
|
|
| Name |
Hon. Mavel Ruiz
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-12-19
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Upon consideration, pro se "Appellant's Emergency Motion for Review of Lower Court's Order Denying Appellant's Emergency Motion to Stay Final Judgment and Cancel Foreclosure Sale" is hereby denied.
|
| View |
View File
|
|
| Docket Date |
2024-12-19
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Emergency Motion
|
| On Behalf Of |
Murline Gelin
|
| View |
View File
|
|
| Docket Date |
2024-12-19
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Emergency Motion for Review of Lower Court's Order Denying Emergency Motion to Stay Final Judgment and Cancel Foreclosure Sale Set for January 6, 2025 Pending Appeal
|
| On Behalf Of |
Murline Gelin
|
| View |
View File
|
|
| Docket Date |
2024-12-06
|
| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
|
| Docket Date |
2024-12-06
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
$300 case filing fee paid through the portal. Batch no. 13316032
|
| On Behalf Of |
Murline Gelin
|
| View |
View File
|
|
| Docket Date |
2024-12-03
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
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 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 December 13, 2024, 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.
|
| View |
View File
|
|
| Docket Date |
2024-12-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-12-03
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
| On Behalf Of |
Murline Gelin
|
| View |
View File
|
|
|
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Jacob Ellis, Appellant(s) v. Carrington Mortgage Services, LLC, Appellee(s).
|
2D2024-2308
|
2024-10-01
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
522024CA001254XXCICI
|
Parties
| Name |
Jacob Ellis
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CARRINGTON MORTGAGE SERVICES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Nicole R. Ramirez, Christian Justin Gendreau
|
|
| Name |
Hon. Amy M. Williams
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Pinellas Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-22
|
| Type |
Record
|
| Subtype |
Record on Appeal Redacted
|
| Description |
254 PAGES
|
|
| Docket Date |
2024-11-22
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
DEFENDANT'S AMENDED EMERGENCY MOTION TO STAY THE SALE OF THE PROPERTY PENDING APPEAL
|
| On Behalf Of |
Jacob Ellis
|
|
| Docket Date |
2024-11-22
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
The "Defendant's Amended Emergency Motion to Stay the Sale of the Property Pending Appeal" filed by appellant on November 21, 2024, is treated as a motion to review the trial court's "Order Denying Defendant's Motion to Stay Final Judgment of Foreclosure Pending Appeal" under Florida Rule of Appellate Procedure 9.310(a), (f). Appellant shall supplement the motion with a copy of "Defendant's Motion to Stay Final Judgment of Foreclosure Pending Appeal" filed in the trial court no later than 2:00 p.m. on Monday, November 25, 2024.
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| View |
View File
|
|
| Docket Date |
2024-11-21
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
DEFENDANT'S AMENDED EMERGENCY MOTION TO STAY THE SALE OF THE PROPERTY PENDING APPEAL
|
| On Behalf Of |
Jacob Ellis
|
|
| Docket Date |
2024-11-19
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Appellant's "motion to stay the sale of the property pending appeal" is denied without prejudice to Appellant first obtaining a ruling on his stay motion in the trial court, seeking disposition of that motion on an expedited basis if necessary, and then seeking review of any adverse ruling in this court. See Fla. R. App. P. 9.310(a), (f).
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| View |
View File
|
|
| Docket Date |
2024-11-18
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay
|
| On Behalf Of |
Jacob Ellis
|
|
| Docket Date |
2024-11-05
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
Jacob Ellis
|
| View |
View File
|
|
| Docket Date |
2024-10-14
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Carrington Mortgage Services, LLC
|
|
| Docket Date |
2024-10-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Amended Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-10-07
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal - NOT CERTIFIED
|
| On Behalf Of |
Jacob Ellis
|
|
| Docket Date |
2024-10-01
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes.
Appellant shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding Appellant insolvent pursuant to section 57.081, Florida Statutes, within forty days from the date of this order.
If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
| View |
View File
|
|
| Docket Date |
2024-10-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-10-01
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
W/ORDER
|
| On Behalf Of |
Jacob Ellis
|
|
| Docket Date |
2025-01-03
|
| Type |
Order
|
| Subtype |
Order Bankruptcy
|
| Description |
This court is prevented from any action in this appeal due to the automatic stay provision of 11 U.S.C., Section 362, Bankruptcy Code, unless a party receives stay relief from the bankruptcy court which at this time has jurisdiction.
The parties are directed to inform this court when the bankruptcy court grants relief from the automatic stay or when the stay lapses. If neither of these events occurs within 120 days of this order, the parties shall provide this court with individual status reports or a joint report.
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| View |
View File
|
|
| Docket Date |
2024-12-26
|
| Type |
Notice
|
| Subtype |
Suggestion of Bankruptcy
|
| Description |
Suggestion of Bankruptcy
|
| On Behalf Of |
Carrington Mortgage Services, LLC
|
|
| Docket Date |
2024-12-26
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Initial Brief
|
| On Behalf Of |
Jacob Ellis
|
| View |
View File
|
|
| Docket Date |
2024-12-06
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Jacob Ellis
|
| View |
View File
|
|
| Docket Date |
2024-11-25
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Appellant has filed "Defendant's Amended Emergency Motion to Stay the Sale of the Property Pending Appeal" and "Defendant's [Second] Amended Emergency Motion to Stay the Sale of the Property Pending Appeal" seeking review of the lower tribunal's "Order Denying Defendant's Motion to Stay Final Judgment of Foreclosure Pending Appeal." We have reviewed the lower tribunal's order, and the order is approved.
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| View |
View File
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|
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Oswald Gonzalez, Appellant(s) v. Carrington Mortgage Services, et al., Appellee(s).
|
2D2024-1804
|
2024-08-02
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
23-CA-6913-CI
|
Parties
| Name |
Oswald Gonzalez
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
UNITED STATES OF AMERICA INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
John E. Van Ness
|
|
| Name |
Sara N. Soto-Gonzalez
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
John E. Van Ness
|
|
| Name |
CARRINGTON MORTGAGE SERVICES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
John E. Van Ness
|
|
| Name |
Hon. Patricia Ann Muscarella
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Pinellas Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-09-25
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
This proceeding is dismissed based on Appellant's failure to satisfy this court's August 2, 2024, fee order.
CASANUEVA, KELLY, and BLACK, JJ., Concur.
|
| View |
View File
|
|
| Docket Date |
2024-08-02
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes.
Appellant shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding Appellant insolvent pursuant to section 57.081, Florida Statutes, within forty days from the date of this order.
If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
| View |
View File
|
|
| Docket Date |
2024-08-02
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-08-02
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
W/ORDER APPEALED
|
| On Behalf Of |
Oswald Gonzalez
|
|
|
|
CARRINGTON MORTGAGE SERVICES, LLC VS MICHAEL TESSENEAR, CARY L. TESSENEAR, AND STEVEN K. JONAS, ESQUIRE, AS TRUSTEE OF THE 4785 OAKFIELD CIRCLE TRUST DATED, FEBRUARY 28, 2006
|
5D2023-3593
|
2023-12-08
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifth Judicial Circuit, Hernando County
2014-CA-000123
|
Parties
| Name |
CARRINGTON MORTGAGE SERVICES, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Shawn Gordon Rader
|
|
| Name |
Michael Tessenear
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
4785 Oak Circle Trust, Dated February 28, 2006
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Steven K. Jonas
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
John A. Van Ness
|
|
| Name |
Hon. Pamela Vergara
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk Hernando
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Cary L. Tessenear
|
| Role |
Appellee
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-01-24
|
| Type |
Mandate
|
| Subtype |
Notice Memorandum
|
| Description |
Notice Memorandum
|
|
| Docket Date |
2024-01-04
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2024-01-04
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Dismissing Appeal
|
|
| Docket Date |
2023-12-12
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
ORD-AA to File Amended NOA ~ AA W/IN 10 DYS
|
|
| Docket Date |
2023-12-11
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
CASE FILING FEE PAID THROUGH PORTAL ~ MFC: 9737684
|
|
| Docket Date |
2023-12-08
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee - Civil appeal (300)
|
|
| Docket Date |
2023-12-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2023-12-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 12/7/2023
|
| On Behalf Of |
Carrington Mortgage Services, LLC
|
|
| Docket Date |
2023-12-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2024-01-24
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD EFILED
|
|
| Docket Date |
2023-12-13
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ PER 12/12/2023 - FILED BELOW 12/13/2023
|
|
|
|
PALM-AIRE COUNTRY CONDOMINIUM ASSOCIATION NO. 4, INC., Appellant(s) v. CARRINGTON MORTGAGE SERVICES, LLC, et al., Appellee(s).
|
4D2023-2781
|
2023-11-20
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE21-021182
|
Parties
| Name |
PALM-AIRE COUNTRY CLUB CONDOMINIUM ASSOCIATION NO. 4, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Rachel Mendes Coe, Nicole W Giuliano
|
|
| Name |
United States of America, HUD
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
The Betty Mae Ulrich Revocable Living Trust Dated 09/27/06
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Laurie Ulrich Case
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Kenneth Ulrich
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Amanda L Lundergan
|
|
| Name |
Hon. Marina Garcia Wood
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
CARRINGTON MORTGAGE SERVICES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Wendy C. Manswell, Tracy Starasoler, Meghan Kathryn Sullivan, Jay Evan Auerbach
|
|
Docket Entries
| Docket Date |
2024-02-29
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Dismissed
|
| View |
View File
|
|
| Docket Date |
2024-02-08
|
| Type |
Order
|
| Subtype |
Show Cause for Brief or Record on Appeal
|
| Description |
Show Cause for Brief or Record on Appeal
|
| View |
View File
|
|
| Docket Date |
2024-02-06
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal -- 393 pages
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-02-06
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Palm-Aire Country Club Condominium Association No. 4, Inc.
|
|
| Docket Date |
2024-01-30
|
| Type |
Order
|
| Subtype |
Order for Party to File Status Report on Record
|
| Description |
Order for Party to File Status Report on Record
|
| View |
View File
|
|
| Docket Date |
2024-01-19
|
| Type |
Notice
|
| Subtype |
Notice of Inability
|
| Description |
Notice of Inability
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2023-11-27
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
Palm-Aire Country Club Condominium Association No. 4, Inc.
|
| View |
View File
|
|
| Docket Date |
2023-11-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2023-11-20
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2023-11-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
|
|
LONGSHORE LAKE FOUNDATION 1, LLC AS TRUSTEE OF CLAY COUNTY LAND TRUST #04-04-25-007866-007-08 VS JP MORGAN CHASE BANK, NATIONAL ASSOCIATION AND CARRINGTON MORTGAGE SERVICES, LLC
|
5D2023-2845
|
2023-09-14
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fourth Judicial Circuit, Clay County
2021-CA-000815
|
Parties
| Name |
LONGSHORE LAKE FOUNDATION 1,LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Julius Adams
|
|
| Name |
Clay County Land Trust #04-04-25-007866-007-08
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
JP Morgan Chase Bank, National Association
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Allen Stewart Katz, William L. Grimsley, Nicholas A. Geraci, Henry G. Gyden
|
|
| Name |
CARRINGTON MORTGAGE SERVICES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Don H. Lester
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Circuit Court Clay
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-03-08
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ STRICKEN PER 3/11 ORDER
|
| On Behalf Of |
Longshore Lake Foundation 1, LLC
|
|
| Docket Date |
2024-03-11
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken (certificate of service) ~ AA W/IN 5 DYS FILE SECOND AMENDED NOVD; AMENDED NOVD STRICKEN
|
|
| Docket Date |
2024-04-11
|
| Type |
Mandate
|
| Subtype |
Notice Memorandum
|
| Description |
Notice Memorandum
|
|
| Docket Date |
2024-04-11
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD EFILED
|
|
| Docket Date |
2024-03-18
|
| Type |
Order
|
| Subtype |
Order on Motion/Notice Voluntary Dismissal (non-dispositive)
|
| Description |
Order Granting Voluntary Dismissal
|
|
| Docket Date |
2024-03-18
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ SECOND AMENDED
|
| On Behalf Of |
Longshore Lake Foundation 1, LLC
|
|
| Docket Date |
2024-03-18
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2024-03-07
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken (certificate of service) ~ AA W/IN 5 DYS FILE AMENDED NOVD; NOVD STRICKEN
|
|
| Docket Date |
2024-03-05
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ STRICKEN PER 3/7 ORDER
|
| On Behalf Of |
Longshore Lake Foundation 1, LLC
|
|
| Docket Date |
2024-02-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Grant EOT for Initial Brief ~ INITIAL BRF BY 4/19; ABSENT EXTENUATING CIRCUMSTANCES, ADDITIONAL EXTENSIONS OF TIME WILL BE DENIED. 2/14 OTSC IS DISCHARGED
|
|
| Docket Date |
2024-02-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PER 2/14 ORDER AND MOTION FOR EOT
|
| On Behalf Of |
Longshore Lake Foundation 1, LLC
|
|
| Docket Date |
2024-02-14
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ AA W/IN 10 DYS; DISCHARGED PER 2/28 ORDER
|
|
| Docket Date |
2023-12-12
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 1032 PAGES
|
| On Behalf Of |
Circuit Court Clay
|
|
| Docket Date |
2023-12-11
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ RESPONSE ACKNOWLEDGED; ROA BY 12/15 OR FILE MOT EOT...
|
|
| Docket Date |
2023-12-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ TO 12/5 OTSC
|
| On Behalf Of |
Longshore Lake Foundation 1, LLC
|
|
| Docket Date |
2023-12-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Grant EOT for Initial Brief ~ MOT GRANTED; IB BY 2/12/24
|
|
| Docket Date |
2023-12-05
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Record-on-Appeal ~ AA W/IN 10 DYS
|
|
| Docket Date |
2023-11-24
|
| 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 |
Longshore Lake Foundation 1, LLC
|
|
| Docket Date |
2023-11-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Denied for Non-Service on Client ~ AA W/IN 5 DYS FILE AMENDED MOT EOT
|
|
| Docket Date |
2023-11-21
|
| 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 |
Longshore Lake Foundation 1, LLC
|
|
| Docket Date |
2023-10-03
|
| Type |
Order
|
| Subtype |
Order Declining Referral to Mediation
|
| Description |
ORD- Declining Referral to Mediation
|
|
| Docket Date |
2023-09-27
|
| Type |
Mediation
|
| Subtype |
Mediation Questionnaire
|
| Description |
Mediation Questionnaire ~ AE William L. Grimsley 0084226
|
| On Behalf Of |
JP Morgan Chase Bank, National Association
|
|
| Docket Date |
2023-09-27
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
JP Morgan Chase Bank, National Association
|
|
| Docket Date |
2023-09-19
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
CASE FILING FEE PAID THROUGH PORTAL
|
| On Behalf Of |
Longshore Lake Foundation 1, LLC
|
|
| Docket Date |
2023-09-14
|
| Type |
Order
|
| Subtype |
Mediation Letter to LT
|
| Description |
Mediation Letter to L.T.
|
|
| Docket Date |
2023-09-14
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-09-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2023-09-14
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 9/12/23
|
| On Behalf Of |
Longshore Lake Foundation 1, LLC
|
|
|
|
Julie Nicolas, Petitioner(s) v. Carrington Mortgage Services, LLC, Respondent(s)
|
SC2022-1663
|
2022-12-05
|
Closed
|
|
| Classification |
Original Proceedings - Writ - Prohibition
|
| Court |
Supreme Court of Florida
|
| Originating Court |
3rd District Court of Appeal
3D21-1300; 3D21-1304; 3D21-1311; 3D21-1320;
|
Parties
| Name |
Julie Nicolas
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
James S. Lewis Jr.
|
|
| Name |
CARRINGTON MORTGAGE SERVICES, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Lauren G. Raines, Sara D. Accardi
|
|
| Name |
Hon. Carlos A. Lopez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Luis Gonzalo Montaldo
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Hon. Mercedes M. Prieto
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-04-26
|
| Type |
Disposition
|
| Subtype |
Rehearing DY
|
| Description |
Petitioner's Motion for Rehearing is hereby denied.
|
| View |
View File
|
|
| Docket Date |
2023-02-14
|
| Type |
Motion
|
| Subtype |
Rehearing
|
| Description |
MOTION-REHEARING ~ Motion for Rehearing
|
| On Behalf Of |
Julie Nicolas
|
| View |
View File
|
|
| Docket Date |
2023-02-01
|
| Type |
Disposition
|
| Subtype |
Prohibition DY
|
| Description |
DISP-PROHIBITION DY ~ The petition for writ of prohibition is hereby denied. See 5-H Corp. v. Padovano, 708 So. 2d 244 (Fla. 1997). Any motions or other requests for relief are denied.
|
| View |
View File
|
|
| Docket Date |
2022-12-06
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
|
| Docket Date |
2022-12-06
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE
|
| View |
View File
|
|
| Docket Date |
2022-12-05
|
| Type |
Petition
|
| Subtype |
Petition Filed
|
| Description |
PETITION-PROHIBITION
|
| On Behalf Of |
Julie Nicolas
|
| View |
View File
|
|
| Docket Date |
2022-12-05
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
JULIE NICHOLAS VS CARRINGTON MORTGAGE SERVICES, LLC, ET AL.
|
SC2022-1172
|
2022-09-02
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
3D21-1304
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
3D21-1320
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
3D21-1300
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
3D21-1311
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
132018CA037059000001
|
Parties
| Name |
Julie Nicholas
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Bruce Jacobs
|
|
| Name |
CARRINGTON MORTGAGE SERVICES, LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Sara D. Accardi, Mr. Marc J. Ayers, Lauren G. Raines, Stephen C. Parsley
|
|
| Name |
BANK OF AMERICA CORPORATION
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Adam J. Wick
|
|
| Name |
Dade County Federal Credit Union
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
The Bank of New York Mellon
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Henry H. Bolz IV, Brendan I. Herbert
|
|
| Name |
Nathaniel Callahan
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
William P. Heller, Nancy M. Wallace, Eric M. Levine
|
|
| Name |
Hon. Beatrice Avgherino Butchko
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Luis Gonzalo Montaldo
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Hon. Mercedes M. Prieto
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-01-06
|
| Type |
Disposition
|
| Subtype |
Rev DY Lack Juris
|
| Description |
DISP-REV DY LACK JURIS ~ This cause having heretofore been submitted to the Court on jurisdictional briefs and portions of the record deemed necessary to reflect jurisdiction under Article V, Section 3(b), Florida Constitution, and the Court having determined that it should decline to accept jurisdiction, it is ordered that the petition for review is denied.No motion for rehearing will be entertained by the Court. See Fla. R. App. P. 9.330(d)(2).
|
| View |
View File
|
|
| Docket Date |
2022-11-08
|
| Type |
Brief
|
| Subtype |
Juris Answer
|
| Description |
JURIS ANSWER BRIEF ~ Brief on Jurisdiction of Respondent, HSBC Bank USA, National Association, as Trustee for Fremont Home Loan Trust 2005-B, Mortgage-Backed Certificates, Series 2005-B
|
| On Behalf Of |
The Bank of New York Mellon
|
|
| Docket Date |
2022-09-02
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-11-07
|
| Type |
Notice
|
| Subtype |
Appearance
|
| Description |
NOTICE-APPEARANCE
|
|
| Docket Date |
2022-11-07
|
| Type |
Brief
|
| Subtype |
Juris Answer
|
| Description |
JURIS ANSWER BRIEF ~ Respondent, Bank of America, N.A.'s Answer Brief on Jurisdiction
|
| On Behalf Of |
Bank of America
|
|
| Docket Date |
2022-10-24
|
| Type |
Brief
|
| Subtype |
Juris Answer
|
| Description |
JURIS ANSWER BRIEF ~ Respondent's Brief on Jurisdiction (Bontoux v. BoNYM)
|
| On Behalf Of |
Nathaniel Callahan
|
|
| Docket Date |
2022-10-10
|
| Type |
Notice
|
| Subtype |
Appearance
|
| Description |
NOTICE-APPEARANCE
|
| On Behalf Of |
Carrington Mortgage Services, LLC
|
|
| Docket Date |
2022-10-07
|
| Type |
Brief
|
| Subtype |
Juris Initial (Amended)
|
| Description |
JURIS INITIAL AMD BRIEF ~ Petitioner's Corrected Jurisdictional Brief
|
| On Behalf Of |
Julie Nicholas
|
|
| Docket Date |
2022-10-06
|
| Type |
Notice
|
| Subtype |
Appearance
|
| Description |
NOTICE-APPEARANCE
|
| On Behalf Of |
Bank of America
|
|
| Docket Date |
2022-10-06
|
| Type |
Order
|
| Subtype |
Brief/Appendix Stricken (Non-Compliance)
|
| Description |
ORDER-BRIEF STRICKEN (NON-COMPLIANCE) ~ Petitioner's Jurisdictional Brief, which was filed with this Court on October 4, 2022, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Petitioners are hereby directed, on or before October 13, 2022, to file an amended jurisdictional brief which is double-spaced and submitted in either Arial 14 point font or Bookman Old Style 14 point font. It shall contain, in the following order: a cover sheet, a table of contents, a table of citations, a statement of the issues, a statement of the case and of the facts, an argument, a conclusion, and include a certificate of compliance which immediately follows the certificate of service. The brief must not exceed 2,500 words. The table of contents and citations, the statement of the issues, the certificates of service and compliance, and the signature block for the brief's author shall be excluded from the computation.
|
|
| Docket Date |
2022-10-04
|
| Type |
Brief
|
| Subtype |
Juris Initial
|
| Description |
JURIS INITIAL BRIEF ~ Petitioner's Jurisdictional Brief -- Stricken 10/6/2022. Does not contain a statement of the issues.
|
| On Behalf Of |
Julie Nicholas
|
|
| Docket Date |
2022-09-19
|
| Type |
Order
|
| Subtype |
Consolidation
|
| Description |
ORDER-CONSOLIDATION GR ~ Petitioner's motion to consolidate filed in the above cases is hereby granted and said cases are hereby consolidated for all appellate purposes.From this date forward, all documents pertaining to the above consolidated cases should be filed electronically through the Florida Courts E-Filing Portal using case number SC22-1169 only.Petitioner's motion for extension of time is granted, and petitioner is allowed to and including October 4, 2022, in which to serve the brief on jurisdiction with appendix. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.All other times will be extended accordingly.
|
|
| Docket Date |
2022-09-13
|
| Type |
Notice
|
| Subtype |
Appearance
|
| Description |
NOTICE-APPEARANCE
|
| On Behalf Of |
Carrington Mortgage Services, LLC
|
| View |
View File
|
|
| Docket Date |
2022-09-09
|
| Type |
Motion
|
| Subtype |
Consolidation
|
| Description |
MOTION-CONSOLIDATION ~ Petitioner's Motion to Consolidate and Request for Extension of Time to File Jurisdictional Brief
|
| On Behalf Of |
Julie Nicholas
|
| View |
View File
|
|
| Docket Date |
2022-09-07
|
| Type |
Notice
|
| Subtype |
Appearance
|
| Description |
NOTICE-APPEARANCE
|
| On Behalf Of |
Bank of America
|
| View |
View File
|
|
| Docket Date |
2022-09-06
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
|
| Docket Date |
2022-09-06
|
| Type |
Notice
|
| Subtype |
Appearance
|
| Description |
NOTICE-APPEARANCE
|
| On Behalf Of |
The Bank of New York Mellon
|
| View |
View File
|
|
| Docket Date |
2022-09-06
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case-Pay Fee
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE-PAY FEE
|
| View |
View File
|
|
| Docket Date |
2022-09-06
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
PAY CASE FILING FEE-300
|
| On Behalf Of |
Julie Nicholas
|
| View |
View File
|
|
| Docket Date |
2022-09-02
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
|
| On Behalf Of |
Julie Nicholas
|
| View |
View File
|
|
|
|
ANS KOLAR AND MATTHEW KOLAR VS CARRINGTON MORTGAGE SERVICES, LLC
|
2D2022-0946
|
2022-03-25
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Foreclosure
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
19-CA-008241
|
Parties
| Name |
ANS KOLAR
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MATTHEW KOLAR
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CARRINGTON MORTGAGE SERVICES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
JUSTIN ORTEGA, ESQ.
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-05-17
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2022-04-28
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-SUA SPONTE DISMISSAL ~ This appeal is dismissed based on Appellant's failure to respond to this court's March 25, 2022, order to show cause.
|
|
| Docket Date |
2022-04-28
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ NORTHCUTT, VILLANTI, AND BLACK
|
|
| Docket Date |
2022-03-31
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Order Denying Stay ~ Appellants’ “motion to stay of writ of possession and return to property” is denied.
|
|
| Docket Date |
2022-03-25
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Within ten days from the date of this order, Appellants shall submit a notice of appeal signed by both parties or this case will be subject to dismissal without further notice. Requests for relief included in the notice of appeal will not receive judicial consideration.
|
|
| Docket Date |
2022-03-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ NOT CERTIFIED
|
| On Behalf Of |
ANS KOLAR
|
|
| Docket Date |
2022-03-25
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-03-25
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ MOTION TO STAY OF WRIT OF POSESSION AND RETURN TO PROPERTY
|
| On Behalf Of |
ANS KOLAR
|
|
| Docket Date |
2022-03-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
DAVID B. KIRKLAND and DIANE KIRKLAND VS CARRINGTON MORTGAGE SERVICES, LLC
|
4D2021-3215
|
2021-11-10
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562019CA000729
|
Parties
| Name |
David B. Kirkland
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Shaina Mehren, Garrett Kesl, Edner J. Geffrard, Raymond Pereira, Michael R. Vater
|
|
| Name |
Diane Kirkland
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CARRINGTON MORTGAGE SERVICES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Laura Guzman, William P. Heller, Eric M. Levine, Danielle N. Waters, Nancy M. Wallace
|
|
| Name |
Hon. Laurie E. Buchanan
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - St. Lucie
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-11-04
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-11-04
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-10-13
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that appellants’ May 11, 2022 motion for attorney’s fees is denied.
|
|
| Docket Date |
2022-10-13
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2022-07-20
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
David B. Kirkland
|
|
| Docket Date |
2022-07-05
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
David B. Kirkland
|
|
| Docket Date |
2022-07-05
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
| Docket Date |
2022-06-02
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Carrington Mortgage Services, LLC
|
|
| Docket Date |
2022-05-31
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Carrington Mortgage Services, LLC
|
|
| Docket Date |
2022-05-31
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that appellee's May 31, 2022 motion to supplement the record is granted, and the record is supplemented to include the material requested in the motion. Said supplemental record is deemed filed as of the date of this order.
|
|
| Docket Date |
2022-05-31
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
Carrington Mortgage Services, LLC
|
|
| Docket Date |
2022-05-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANTS' MOTION FOR ATTORNEYS' FEES
|
| On Behalf Of |
Carrington Mortgage Services, LLC
|
|
| Docket Date |
2022-05-11
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ **RESPONSE FILED 05/13/2022**
|
| On Behalf Of |
David B. Kirkland
|
|
| Docket Date |
2022-05-11
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
David B. Kirkland
|
|
| Docket Date |
2022-05-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellants’ May 4, 2022 motion for extension of time is granted, and appellants shall serve the initial brief within seven (7) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellants are advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigants. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time.
|
|
| Docket Date |
2022-05-09
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
David B. Kirkland
|
|
| Docket Date |
2022-05-04
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
David B. Kirkland
|
|
| Docket Date |
2022-05-03
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellants’ May 2, 2022 motion for extension of time is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2022-05-02
|
| 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 |
David B. Kirkland
|
|
| Docket Date |
2022-04-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellants’ April 21, 2022 motion for extension of time is granted in part, and appellants shall serve the initial brief within ten (10) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellants are advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant. Attorney workload does not constitute extraordinary circumstances which justifies a further extension of time. Further,The court notes that the supplemental record was filed April 18, 2022.
|
|
| Docket Date |
2022-04-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
David B. Kirkland
|
|
| Docket Date |
2022-04-18
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
David B. Kirkland
|
|
| Docket Date |
2022-04-18
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 21 PAGES (PAGES 1,081-1,108)
|
| On Behalf Of |
Clerk - St. Lucie
|
|
| Docket Date |
2022-04-18
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellants' April 18, 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. Appellants shall monitor the supplementation process.
|
|
| Docket Date |
2022-03-07
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 45 DAYS TO 04/21/2022
|
|
| Docket Date |
2022-03-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
David B. Kirkland
|
|
| Docket Date |
2022-01-19
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 45 DAYS TO 3/7/22
|
|
| Docket Date |
2022-01-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
David B. Kirkland
|
|
| Docket Date |
2021-12-22
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 1,079 PAGES
|
| On Behalf Of |
Clerk - St. Lucie
|
|
| Docket Date |
2021-11-15
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
David B. Kirkland
|
|
| Docket Date |
2021-11-12
|
| 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 |
2021-11-12
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Carrington Mortgage Services, LLC
|
|
| Docket Date |
2021-11-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-11-10
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-11-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
David B. Kirkland
|
|
|
|
CARRINGTON MORTGAGE SERVICES, LLC, VS JULIE NICOLAS, et al.,
|
3D2021-1300
|
2021-06-14
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
18-37059
|
Parties
| Name |
CARRINGTON MORTGAGE SERVICES, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
LAUREN G. RAINES, Stephen C. Parsley, JAMES S. LEWIS, Marc James Ayers, SARA D. ACCARDI
|
|
| Name |
Dade County Federal Credit Union
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JULIE NICOLAS
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Nancy M. Wallace, Henry H. Bolz, IV, ADAM J. WICK, Bruce Jacobs
|
|
| Name |
The Bank of New York Mellon
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Beatrice Butchko
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
John A. Tomasino
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-04-26
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Opinion
|
| Description |
Supreme Court Disposition ~ Petitioner’s Motion for Rehearing is hereby denied.
|
|
| Docket Date |
2023-02-01
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Opinion
|
| Description |
Supreme Court Disposition ~ The petition for writ of prohibition is hereby denied. See 5-H Corp. v. Padovano, 708 So. 2d 244 (Fla. 1997). Any motions or other requests for relief are denied.
|
|
| Docket Date |
2023-01-06
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Opinion
|
| Description |
Supreme Court Disposition ~ This cause having heretofore been submitted to the Court on jurisdictional briefs and portions of the record deemed necessary to reflect jurisdiction under Article V, Section 3(b), Florida Filing # 164212137 E-Filed 01/06/2023 10:00:37 AMCASE NO.: SC22-1169Page TwoConstitution, and the Court having determined that it should decline to accept jurisdiction, it is ordered that the petition for review is denied.No motion for rehearing will be entertained by the Court. SeeFla. R. App. P. 9.330(d)(2).
|
|
| Docket Date |
2022-12-12
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Denied (OD999) ~ Upon consideration, Appellee Julie Nicolas’ Motion for Extension of Time and/or Motion to Stay Appellate Proceedings is hereby denied without prejudice to Appellee Julie Nicolas identifying and seeking an extension of time regarding any specific briefing or motion deadline pending in this appeal. EMAS, LOGUE and LOBREE, JJ., concur.
|
|
| Docket Date |
2022-12-08
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ MOTION FOR EXTENSION OF TIME AND/OR MOTION TO STAY APPELLATE PROCEEDINGS PENDING SUPREME COURT DISPOSITION OF FILED PETITION FOR WRIT OF PROHIBITION DIRECTED TO THE THIRD DISTRICT COURT OF APPEAL; AND PARTY NOTICE
|
| On Behalf Of |
JULIE NICOLAS
|
|
| Docket Date |
2022-12-07
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ FILED WITH PETITION IN SUPREME COURT OF FLORIDA
|
| On Behalf Of |
JULIE NICOLAS
|
|
| Docket Date |
2022-12-06
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Acknowledged Receipt from Supreme Court
|
|
| Docket Date |
2022-12-05
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
ORIGINAL PETITION ~ WITH APPENDIX
|
|
| Docket Date |
2022-12-05
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ TO PETITION FILED IN SUPREME COURT OF FLORIDA
|
| On Behalf Of |
JULIE NICOLAS
|
|
| Docket Date |
2022-10-24
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief ~ RESPONDENT NATHANIEL CALLAHAN'SBRIEF ON JURISDICTION
|
| On Behalf Of |
JULIE NICOLAS
|
|
| Docket Date |
2022-09-19
|
| Type |
Supreme Court
|
| Subtype |
Supreme Court Opinion
|
| Description |
Supreme Court Disposition ~ Petitioner’s motion to consolidate filed in the above cases is hereby granted and said cases are hereby consolidated for all appellate purposes. From this date forward, all documents pertaining to the above consolidated cases should be filed electronically through the Florida Courts E-Filing Portal using case number SC22-1169 only.Petitioner's motion for extension of time is granted, and petitioner is allowed to and including October 4, 2022, in which to serve the brief on jurisdiction with appendix. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.All other times will be extended accordingly.
|
|
| Docket Date |
2022-09-06
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF DISCRETN. JURISDICTN
|
|
| Docket Date |
2022-09-06
|
| Type |
Supreme Court
|
| Subtype |
Acknowledged Receipt from Supreme Court
|
| Description |
Acknowledged Receipt from Supreme Court
|
|
| Docket Date |
2022-09-02
|
| Type |
Supreme Court
|
| Subtype |
Notice to Invok. Disc. Jur. FSC
|
| Description |
Notice of Discretional Jurisdiction to Supreme Court
|
| On Behalf Of |
JULIE NICOLAS
|
|
| Docket Date |
2022-08-23
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-08-23
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-08-03
|
| Type |
Opinion
|
| Subtype |
Non-dispositive
|
| Description |
Non-dispositive - Per Curiam Opinion ~ Consolidated Order Imposing Sanctions
|
|
| Docket Date |
2022-03-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ AMENDED1 RESPONSE TO ORDER TO SHOW CAUSE
|
| On Behalf Of |
JULIE NICOLAS
|
|
| Docket Date |
2022-03-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO ORDER TO SHOW CAUSE
|
| On Behalf Of |
JULIE NICOLAS
|
|
| Docket Date |
2022-02-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Misc. Extension Granted (OG02) ~ Bruce Jacobs, Esquire's Motion for Enlargement of Time to file a response to the Court's January 11, 2022, Order to Show Cause is granted to and including twenty (20) days from the date of this Order.
|
|
| Docket Date |
2022-02-10
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ BRUCE JACOBS' MOTION FOR ENLARGEMENT OFTIME TO RESPOND TO ORDER TO SHOW CAUSE
|
| On Behalf Of |
JULIE NICOLAS
|
|
| Docket Date |
2022-02-01
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ NOTICE OF FILING AFTER-OCCURRING MOTION BY BRUCEJACOBS, ESQ., FROM THE LOWER TRIBUNAL PROCEEDINGPERTINENT TO THE AREA OF CONCERN OUTLINED IN THISCOURT'S ORDER TO SHOW CAUSE RELATED TO IMPUGNINGTHE INTEGRITY OF THIS COURT AND OTHERS
|
| On Behalf Of |
JULIE NICOLAS
|
|
| Docket Date |
2022-01-31
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Extension granted to respond to petition (OG01) ~ Bruce Jacobs, Esquire’s Motion for Enlargement of Time to file a response to the Court’s Order to Show Cause is granted to and including February 10, 2022.
|
|
| Docket Date |
2022-01-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ BRUCE JACOBS' MOTION FOR ENLARGEMENT OFTIME TO RESPOND TO ORDER TO SHOW CAUSE
|
| On Behalf Of |
JULIE NICOLAS
|
|
| Docket Date |
2022-01-11
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ The Court, on its own motion, and pursuant to Florida Rule of Appellate Procedure 9.410(a), hereby directs Bruce Jacobs, Esquire, of Jacobs Legal, PLLC, counsel for Respondent Julie Nicolas, to show cause, within fifteen (15) days from the date of this Order, as to why he should not be subjected to sanctions including, but not limited to, the issuance of a reprimand and the imposition of attorney's fees for failing to comply with the Florida Rules of Appellate Procedure, and with the professional norms governing appeals in filing the Motion for Rehearing En Banc, with the separately filed Appendix, on December 9, 2021, and December 17, 2021, respectively. In responding to this Order, Mr. Jacobs shall address the following concerns regarding Respondent's Motion and Appendix: 1. The legal arguments asserted in the Motion are frivolous in that they do not support a motion for rehearing en banc; 2. The Motion improperly impugns the integrity of this Court, opposing counsel, and the Florida Bar, among others without any relevance to the legal matter at issue in a motion for rehearing en banc; 3. Citations to the record in the Motion do not support the facts for which they are cited; 4. Cases cited in the Motion do not support the legal propositions for which they are cited; 5. Although 604 pages long, the Appendix fails to contain a paginated index, bookmarks, or even consecutive pagination in violation of Florida Rule of Appellate Procedure 9.220(c), and the absence of these organizing features either intentionally or unintentionally enables and conceals mis-citations to the record; 6. The Appendix includes documents generated after the order under review in violation of the fundamental principle that "[t]he appellate record is limited to the record presented to the trial court." Rutherford v. Moore, 774 So. 2d 637, 646 (Fla. 2000); and 7. The Appendix includes circuit court orders that have been vacated and Respondent's Motion fails to so indicate. EMAS, LOGUE and LOBREE, JJ., concur.
|
|
| Docket Date |
2021-12-27
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PETITIONER, CARRINGTON MORTGAGE SERVICES, LLC'S RESPONSE IN OPPOSITION TO RESPONDENT'S MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR REHEARING
|
| On Behalf Of |
CARRINGTON MORTGAGE SERVICES, LLC
|
|
| Docket Date |
2021-06-29
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PETITIONER CARRINGTON MORTGAGE SERVICES, LLC'SRESPONSE TO THE SHOW CAUSE ORDER REGARDINGCONSOLIDATION
|
| On Behalf Of |
CARRINGTON MORTGAGE SERVICES, LLC
|
|
| Docket Date |
2021-12-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PETITIONER'S RESPONSE IN OPPOSITION TORESPONDENT'S MOTION FOR REHEARING EN BANC
|
| On Behalf Of |
JULIE NICOLAS
|
|
| Docket Date |
2021-12-22
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ PETITIONER'S MOTION TO STRIKE RESPONDENT'SAPPENDIX I TO MOTION FOR REHEARING EN BANC
|
| On Behalf Of |
JULIE NICOLAS
|
|
| Docket Date |
2021-12-17
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX I TO APPELLEE'S MOTION FOR REHEARING EN BANC
|
| On Behalf Of |
JULIE NICOLAS
|
|
| Docket Date |
2021-12-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PETITIONER NATHANIEL CALLAHAN'SOPPOSITION TO MOTION FOR REHEARING EN BANC
|
| On Behalf Of |
JULIE NICOLAS
|
|
| Docket Date |
2021-12-14
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
JULIE NICOLAS
|
|
| Docket Date |
2021-12-09
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing En Banc
|
| Description |
Motion For Rehearing EN BANC
|
| On Behalf Of |
JULIE NICOLAS
|
|
| Docket Date |
2021-12-09
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ APPELLEE'S MOTION FOREXTENSION OF TIME TO FILE MOTION FOR REHEARING
|
| On Behalf Of |
JULIE NICOLAS
|
|
| Docket Date |
2021-11-24
|
| Type |
Motion
|
| Subtype |
Attorney's Fees
|
| Description |
Attorneys fees denied (OD47) ~ Upon consideration of Respondent Julie Nicolas’ Motion for Appellate Attorneys’ Fees, it is ordered that said Motion is hereby denied.
|
|
| Docket Date |
2021-11-24
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Order Denying ORAL ARGUMENT ~ Upon consideration, Respondent Julie Nicolas’ Request for Oral Argument is hereby denied.
|
|
| Docket Date |
2021-11-24
|
| Type |
Disposition by Opinion
|
| Subtype |
Granted
|
| Description |
Granted - Authored Opinion ~ Petitions granted; writ issued, and order quashed.
|
|
| Docket Date |
2021-11-18
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Upon the Court’s own motion, it is ordered that the above-referenced Petitions are hereby consolidated for all appellate purposes under case no. 3D21-1300. All filings in the case shall be under case no. 3D21-1300. The parties shall file only one set of responses under case no. 3D21-1300.
|
|
| Docket Date |
2021-09-20
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ REPLY IN SUPPORT OF AMENDED EMERGENCY PETITION FORWRIT OF PROHIBITION
|
| On Behalf Of |
CARRINGTON MORTGAGE SERVICES, LLC
|
|
| Docket Date |
2021-09-20
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CARRINGTON MORTGAGE SERVICES, LLC
|
|
| Docket Date |
2021-09-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PETITIONER'S OPPOSITION TO RESPONDENT'S MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
CARRINGTON MORTGAGE SERVICES, LLC
|
|
| Docket Date |
2021-09-13
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
Consolidation denied (OD24) ~ Following review of the respondent Julie Nicolas’s Motion to Consolidate, it is ordered that said motion is hereby denied.
|
|
| Docket Date |
2021-09-08
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Denied (OD999) ~ Upon consideration, Respondent Julie Nicolas’s Verified Suggestion of Disqualification is hereby denied. EMAS, LOGUE and LOBREE, JJ., concur. Petitioner’s Motion for Extension of Time to File a Reply to Respondent Julie Nicolas’s Response to the Emergency Petitions for Writ of Prohibition and/or Writ of Certiorari is granted to and including September 20, 2021.
|
|
| Docket Date |
2021-09-07
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
JULIE NICOLAS
|
|
| Docket Date |
2021-09-02
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ RESPONDENT'S REQUEST FOR ORAL ARGUMENT
|
| On Behalf Of |
JULIE NICOLAS
|
|
| Docket Date |
2021-09-02
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ RESPONDENT'S MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
JULIE NICOLAS
|
|
| Docket Date |
2021-09-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ PETITIONER'S MOTION FOR EXTENSION OF TIME TOFILE REPLY BRIEF TO RESPONDENT'S RESPONSE TO PETITIONER'S PETITION FOR WRIT OF PROHIBITION
|
| On Behalf Of |
CARRINGTON MORTGAGE SERVICES, LLC
|
|
| Docket Date |
2021-09-01
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Docket Entry ~ RESPONDENT'S VERIFIEDSUGGESTION OF DISQUALIFICATION
|
| On Behalf Of |
JULIE NICOLAS
|
|
| Docket Date |
2021-08-31
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
JULIE NICOLAS
|
|
| Docket Date |
2021-08-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ JULIE NIOCLAS' RESPONSE TO THE EMERGENCY PETITIONS FORWRIT OF PROHIBITION AND/OR CERTIORARI FILED BY BANK OFAMERICA, BANK OF NEW YORK MELLON, CARRINGTONMORTGAGE SERVICES AND NATHANIEL CALLAHAN TO STOPCRIMINAL CONTEMPT PROCEEDINGS ORDERED BY THEHONORABLE MIAMI-DADE CIRCUIT JUDGE BEATRICE BUTCHKO
|
| On Behalf Of |
JULIE NICOLAS
|
|
| Docket Date |
2021-08-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Extension granted to respond to petition (OG01) ~ Upon consideration, Respondent Julie Nicolas's CorrectedMotion for Extension of Time to File a Response to the Petition for Writ ofProhibition is granted in part, and the response is due on or before August30, 2021. No further extensions of time shall be permitted.
|
|
| Docket Date |
2021-08-03
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Respondents are ordered to clarify, by noon on Wednesday, August 4, 2021, whether they are seeking an extension of time to file the responses that were due on August 2, 2021, in case nos. 3D21-1320, 3D21-1304, and 3D21-1300. If so, the Motion for Extension of Time to File a Response to the Petition should be served on counsel for all Petitioners.
|
|
| Docket Date |
2021-07-12
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Petitioner Nathaniel Callahan’s Response Opposing Consolidation in Part, filed in case no. 3D21-1304, is noted. Upon the Court’s own motion, it is ordered that the above-referenced Petitions for Writ of Prohibition are consolidated for the purpose of traveling together. Respondents are ordered to file a response, by August 2, 2021, to the Petition for Writ of Prohibition in case no. 3D21-1320. A reply may be filed within five (5) days thereafter. EMAS, LOGUE and LOBREE, JJ., concur.
|
|
| Docket Date |
2021-07-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Extension granted to respond to petition (OG01) ~ Respondent Julie Nicolas’s Motion for Extension of Time to file a response to the Emergency Petition(s) for Writ of Prohibition is granted to and including August 2, 2021.
|
|
| Docket Date |
2021-06-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONDENT'S RESPONSE TO ORDER TO SHOW CAUSEREGARDING CONSOLIDATION
|
| On Behalf Of |
JULIE NICOLAS
|
|
| Docket Date |
2021-06-29
|
| 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 |
JULIE NICOLAS
|
|
| Docket Date |
2021-06-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Extension granted to respond to petition (OG01) ~ Respondent Julie Nicolas’s Motion for Extension of Time to file a response to the Emergency Petition(s) for Writ of Prohibition is granted to and including June 29, 2021.
|
|
| Docket Date |
2021-06-22
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ RESPONDENT'S MOTION FOREXTENSION OF TIME
|
| On Behalf Of |
JULIE NICOLAS
|
|
| Docket Date |
2021-06-21
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Upon consideration, the trial court's proceedings are hereby stayed pending further order of this Court. The parties are ordered to show cause, within fifteen (15) days from the date of this Order, as to why the above-styled petitions should not be consolidated. EMAS, C.J., and LOGUE and LOBREE, JJ., concur.
|
|
| Docket Date |
2021-06-18
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar or Related Case
|
| On Behalf Of |
CARRINGTON MORTGAGE SERVICES, LLC
|
|
| Docket Date |
2021-06-16
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ Petitioner’s Emergency Motion for Leave to File Amended Emergency Petition for Writ of Prohibition is granted. The Amended Emergency Petition for Writ of Prohibition filed on June 15, 2021, is accepted by the Court. LOGUE, SCALES and LOBREE, JJ., concur.
|
|
| Docket Date |
2021-06-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments.
|
|
| Docket Date |
2021-06-15
|
| Type |
Order
|
| Subtype |
Order to Respond to Petition
|
| Description |
Order a Response - Prohibition (OR12K) ~ The party, if any, opposing the relief requested in the Emergency Petition for Writ of Prohibition shall, and the respondent judge may, file a response within three (3) days of the date of this Order to the Petition for Writ of Prohibition. This Order does not stay further proceedings in the lower tribunal. Further, a reply may be filed three (3) days thereafter. LOGUE, SCALES and LOBREE, JJ., concur.
|
|
| Docket Date |
2021-06-15
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar or Related Case ~ PETITIONER, CARRINGTON MORTGAGE SERVICES, LLC'SNOTICE OF SIMILAR OR RELATED CASE
|
| On Behalf Of |
CARRINGTON MORTGAGE SERVICES, LLC
|
|
| Docket Date |
2021-06-15
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief ~ PETITIONER'S EMERGENCY MOTION FOR LEAVE TO FILE AMENDED EMERGENCY PETITION FOR WRIT OF PROHIBITION
|
| On Behalf Of |
CARRINGTON MORTGAGE SERVICES, LLC
|
|
| Docket Date |
2021-06-15
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ CORRECTED APPENDIX TO EMERGENCYPETITION FOR WRIT OF PROHIBITION
|
| On Behalf Of |
CARRINGTON MORTGAGE SERVICES, LLC
|
|
| Docket Date |
2021-06-15
|
| Type |
Motion
|
| Subtype |
Victim's Right ArtlSec16
|
| Description |
Original Petition Filed ~ AMENDED EMERGENCY PETITION FOR WRIT OF PROHIBITION
|
| On Behalf Of |
CARRINGTON MORTGAGE SERVICES, LLC
|
|
| Docket Date |
2021-06-14
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-06-14
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO EMERGENCY PETITION FOR WRIT OF PROHIBITION
|
| On Behalf Of |
CARRINGTON MORTGAGE SERVICES, LLC
|
|
| Docket Date |
2021-06-14
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed ~ EMERGENCY PETITION FOR WRIT OF PROHIBITION
|
| On Behalf Of |
CARRINGTON MORTGAGE SERVICES, LLC
|
|
|
|
YASSIEL CABRE AND NANCY ASCANIO CABRE, VS CARRINGTON MORTGAGE SERVICES, LLC.
|
3D2020-0214
|
2020-01-28
|
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
19-15831
|
Parties
| Name |
YASSIEL CABRE
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
ANDY R. HERNANDEZ
|
|
| Name |
NANCY ASCANIO CABRE
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CARRINGTON MORTGAGE SERVICES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Daniel Cardenal, Eric M. Levine, Nancy M. Wallace, William P. Heller, Eric S. Matthew
|
|
| Name |
Hon. Beatrice Butchko
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-10-15
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-10-15
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-09-29
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion ~ Reversed and remanded.
|
|
| Docket Date |
2020-07-06
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
CARRINGTON MORTGAGE SERVICES, LLC
|
|
| Docket Date |
2020-06-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
CARRINGTON MORTGAGE SERVICES, LLC
|
|
| Docket Date |
2020-06-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-30 days to 7/08/20
|
|
| Docket Date |
2020-05-08
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ INITIAL BRIEF OF APPELLANT
|
| On Behalf Of |
YASSIEL CABRE
|
|
| Docket Date |
2020-05-08
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TO INITIAL BRIEF OF APPELLANT
|
| On Behalf Of |
YASSIEL CABRE
|
|
| Docket Date |
2020-04-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ IB-30 days to 5/08/20
|
|
| Docket Date |
2020-04-30
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
YASSIEL CABRE
|
|
| Docket Date |
2020-04-07
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2020-02-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CARRINGTON MORTGAGE SERVICES, LLC
|
|
| Docket Date |
2020-01-31
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
YASSIEL CABRE
|
|
| Docket Date |
2020-01-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-01-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. ** The $300 filing fee for a notice of appeal is due.
|
|
| Docket Date |
2020-01-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
YASSIEL CABRE
|
|
|
|
DANIEL R. SAMARIA, VS CARRINGTON MORTGAGE SERVICES, LLC,
|
3D2020-0067
|
2020-01-09
|
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
16-24299
|
Parties
| Name |
DANIEL R. SAMARIA
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Hon. Jose M. Rodriguez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
CARRINGTON MORTGAGE SERVICES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
MARINOSCI LAW GROUP, P.C., LENDER LEGAL PLLC
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-03-30
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-03-30
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2020-03-17
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2020-03-10
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2020-03-10
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Appeal Dismissed by the Court (DA11) ~ Upon the Court’s own motion, it is ordered that the above-styled appeal is hereby dismissed.
|
|
| Docket Date |
2020-01-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Misc. Extension Granted (OG02) ~ Appellant's pro se Request for Extension of Time to file a reply to the Court's January 10, 2020, Order to Show Cause is granted to and including thirty (30) days from the date of this Order.
|
|
| Docket Date |
2020-01-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO FILE A REPLY
|
| On Behalf Of |
DANIEL R. SAMARIA
|
|
| Docket Date |
2020-01-10
|
| Type |
Order
|
| Subtype |
Certificate of Service
|
| Description |
Ap/ant Ordered to File Cert. of Serv. (OR50) ~ All pleadings filed in this Court must be served on each party and contain a certificate of service stating the names and addresses of those served. See Fla. R. App. P. 9.420. Within ten (10) days from the date of this Order, the appellant is directed to file with this Court a certificate of service indicating the names and addresses of all parties in this appeal.
|
|
| Docket Date |
2020-01-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ WITH EMERGENCY MOTION FOR STAY OF EXECUTION OF JUDGEMENT OF APPEAL NO CERTIFICATE OF SERVICE
|
| On Behalf Of |
DANIEL R. SAMARIA
|
|
| Docket Date |
2020-01-09
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
| Docket Date |
2020-01-09
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Stay Denied (OD26) ~ Upon consideration, the Appellant’s pro se Emergency Motion for Stay Pending Review is hereby denied. SALTER, LINDSEY and HENDON, JJ., concur.
|
|
| Docket Date |
2020-01-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
JOSE VALDEZ VS CARRINGTON MORTGAGE SERVICES, LLC, DESIREE VALDEZ, FLORIDA DEPARTMENT OF REVENUE, CENTRAL FLORIDA EDUCATORS FEDERAL CREDIT UNION, CITIBANK SOUTH DAKOTA, N.A., AND FLORIDA HOUSING FINANCE CORPORATION
|
5D2019-0424
|
2019-02-15
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Eighteenth Judicial Circuit, Seminole County
2017-CA-000831
|
Parties
| Name |
JOSE VALDEZ
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CARRINGTON MORTGAGE SERVICES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Christian J. Gendreau
|
|
| Name |
Florida Housing Finance Corporation
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DESIREE VALDEZ
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Clerk Department of Revenue
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CENTRAL FLORIDA EDUCATORS FEDERAL CREDIT UNION
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CITIBANK SOUTH DAKOTA, N.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Susan Stacy
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk Seminole
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-03-25
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD EFILED
|
|
| Docket Date |
2019-03-25
|
| Type |
Mandate
|
| Subtype |
Notice Memorandum
|
| Description |
Notice Memorandum
|
|
| Docket Date |
2019-03-06
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Dismissing Appeal
|
|
| Docket Date |
2019-03-06
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk ~ FAILURE TO PROSECUTE
|
|
| Docket Date |
2019-02-18
|
| Type |
Order
|
| Subtype |
Show Cause Timeliness (Appeal)
|
| Description |
Order - Show Cause for Untimely Filing of Notice of Appeal ~ AA W/IN 10 DAYS
|
|
| Docket Date |
2019-02-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2019-02-15
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee - Civil appeal (300)
|
|
| Docket Date |
2019-02-15
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 2/14/19
|
| On Behalf Of |
JOSE VALDEZ
|
|
| Docket Date |
2019-02-15
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WW4:Waived-57.081(1)
|
|
|
|
ELDER LABRANCHE, et al. VS CARRINGTON MORTGAGE SERVICES, LLC
|
4D2019-0223
|
2019-01-23
|
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 14-001071 (11)
|
Parties
| Name |
GUERLYNE LABRANCHE
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ELDER LABRANCHE
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Mark H. Klein
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
DOONDY LABRANCHE
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
STEPHANIE NEAFSEY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MARK NEAFSEY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CARRINGTON MORTGAGE SERVICES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Eric M. Levine, Nancy M. Wallace, Thomas Jonathan Crowder, William P. Heller
|
|
| Name |
Hon. Joel T. Lazarus
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-12-27
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2019-12-27
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2019-12-05
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2019-06-24
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Carrington Mortgage Services, LLC
|
|
| Docket Date |
2019-06-18
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief
|
| On Behalf Of |
ELDER LABRANCHE
|
|
| Docket Date |
2019-06-18
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the appellant's appendix to the initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not text searchable, and was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index. An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2019-06-18
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
ELDER LABRANCHE
|
|
| Docket Date |
2019-05-28
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 06/27/2019
|
|
| Docket Date |
2019-05-28
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
ELDER LABRANCHE
|
|
| Docket Date |
2019-05-17
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 367 PAGES (PAGES 1-349)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-05-14
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-05-10
|
| 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 May 10, 2019, Mark H. Klein, Esq. and the law firm of MHK Legal, PLLC are substituted for Niti S. Sharan, Esq. and the law firm of Sharan Law Services, P.A. as counsel for Elder Labranche, Guerlyne Labranche and Doondy Labranche in the above-styled cause.
|
|
| Docket Date |
2019-05-10
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion For Substitution of Counsel
|
| Description |
Stipulation for Substitution of Counsel
|
| On Behalf Of |
ELDER LABRANCHE
|
|
| Docket Date |
2019-04-09
|
| 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 April 8, 2019, Niti S. Sharan and the law firm of Sharan Law Services, P.A. are substituted for Mark H. Klein and the law firm of MHK Legal, PLLC as counsel for Elder Labranche, Guerlyne Labranche and Doondy Labranche in the above-styled cause.
|
|
| Docket Date |
2019-04-08
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion For Substitution of Counsel
|
| Description |
Stipulation for Substitution of Counsel
|
| On Behalf Of |
ELDER LABRANCHE
|
|
| Docket Date |
2019-03-27
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 60 DAYS TO 05/27/2019
|
|
| Docket Date |
2019-03-27
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
ELDER LABRANCHE
|
|
| Docket Date |
2019-03-07
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
ELDER LABRANCHE
|
|
| Docket Date |
2019-03-01
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the affidavit of non-payment of appeal invoice filed by the clerk of the lower tribunal on February 21, 2019, appellant is ordered to file a report within ten (10) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
|
|
| Docket Date |
2019-02-21
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2019-01-31
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Carrington Mortgage Services, LLC
|
|
| Docket Date |
2019-01-24
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
ELDER LABRANCHE
|
|
| Docket Date |
2019-01-24
|
| 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 |
2019-01-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-01-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-01-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
ELDER LABRANCHE
|
|
|
|
CARRINGTON MORTGAGE SERVICES, LLC VS BAC HOME LOANS SERVICING, L.P. f/k/a COUNTRYWIDE HOME LOAN SERVICING, L.P., et al.
|
4D2019-0129
|
2019-01-14
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502010CA001302
|
Parties
| Name |
CARRINGTON MORTGAGE SERVICES, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Nick A. Geraci, Joseph Buford Towne
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PEDRO DELIBERAIS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Palm Beach County Board of County Commissioners
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Countrywide Home Loan Servicing, LP
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
EDWARD E. CLARK
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SHERON DELIBERAIS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DIONNE A. SELHOWER
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CACH, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Department of Revenue-Tallahassee
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Sharon R. Bock, Clerk and Comptroller
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BAC HOME LOANS SERVICING, L.P.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Melva D. Harris-Rozier
|
|
| Name |
Hon. Meenu Sasser
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-07-09
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document
|
|
| Docket Date |
2019-06-28
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2019-06-28
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the June 27, 2019 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2019-06-27
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
ORD-FROM CIRCUIT COURT/AGENCY ~ AGREED ORDER VACATING THE COURT'S DECEMBER 13, 2018 ORDER, REINSTATING FINAL JUDGMENT OF FORECLOSURE, AND REINSTATING CERTIFICATE OF TITLE
|
| On Behalf Of |
Carrington Mortgage Services, LLC
|
|
| Docket Date |
2019-06-27
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Carrington Mortgage Services, LLC
|
|
| Docket Date |
2019-05-28
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document
|
|
| Docket Date |
2019-05-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORD-Granting EOT for Relinquishment of Juris. ~ ORDERED that appellant's May 1, 2019 “second motion for extension of time for continued relinquishment of jurisdiction” is granted. Relinquishment of jurisdiction to the trial court is continued up to and including June 28, 2019. The appellant shall forward to this court a copy of any order issued during relinquishment. It is further ordered that the appellant shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of 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.
|
|
| Docket Date |
2019-05-01
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ (FOR CONTINUED RELINQUISHMENT)
|
| On Behalf Of |
Carrington Mortgage Services, LLC
|
|
| Docket Date |
2019-04-30
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-Withdraw as Counsel ~ The April 29, 2019 motion of Akerman LLP, counsel for appellant, to withdraw as counsel is granted. This court notes that Carrington Mortgage Services, LLC will continue to be represented by attorneys Joseph B. Towne and Nicholas Geraci.
|
|
| Docket Date |
2019-04-29
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
Carrington Mortgage Services, LLC
|
|
| Docket Date |
2019-03-18
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORD-Granting EOT for Relinquishment of Juris. ~ ORDERED that appellant's March 11, 2019 motion to extend relinquishment is granted. Relinquishment of jurisdiction to the trial court is continued up to and including May 1, 2019. The appellant shall forward to this court a copy of any order issued during relinquishment. It is further ordered that the appellant shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of 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.
|
|
| Docket Date |
2019-03-11
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ FOR CONTINUED RELINQUISHMENT OF JURISDICTION
|
| On Behalf Of |
Carrington Mortgage Services, LLC
|
|
| Docket Date |
2019-03-08
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Carrington Mortgage Services, LLC
|
|
| Docket Date |
2019-02-18
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Order Granting Relinquishment of Jurisdiction ~ ORDERED that appellant’s January 24, 2019 motion for relinquishment of jurisdiction is granted. Jurisdiction is relinquished to the trial court for thirty (30) days for the purpose of disposing of appellant’s pending motion for clarification and making a final determination of the appellee’s motion to vacate. The appellant shall forward to this court a copy of any order issued during relinquishment. It is further ordered that the appellant shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellant to request an extension of time by proper motion to this court. This case is stayed and shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
|
|
| Docket Date |
2019-01-24
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Carrington Mortgage Services, LLC
|
|
| Docket Date |
2019-01-24
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief ~ *AND* MOTION FOR RELINQUISHMENT OF JURISDICTION
|
| On Behalf Of |
Carrington Mortgage Services, LLC
|
|
| Docket Date |
2019-01-23
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Carrington Mortgage Services, LLC
|
|
| Docket Date |
2019-01-15
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that within ten (10) days from the date of this order appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the December 13, 2018 "order on defendant, Dionne S. Reid Selhower's motion to set aside vacate judicial sale, vacate final judgment and revert certificate of title" is an appealable order pursuant to Florida Rule of Appellate Procedure 9.110 or 9.130, as the January 9, 2019 order granted the appellant's motion for reconsideration of the December 13, 2018 order; furtherAppellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2019-01-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-01-14
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2019-01-14
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Carrington Mortgage Services, LLC
|
|
|
|
ABDIEL ECHEVERRIA A/K/A ABDIEL ECHEVERRIA BERNA AND ISABEL SANTAMARIA VS CARRINGTON MORTGAGE SERVICES, LLC
|
5D2018-2934
|
2018-09-14
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Eighteenth Judicial Circuit, Brevard County
05-2015-CA-042159
|
Parties
| Name |
ABDIEL ECHEVERRIA
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Richard A. Kalinoski
|
|
| Name |
ISABEL SANTAMARIA
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Hon. William David Dugan DNU
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk Brevard
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
CARRINGTON MORTGAGE SERVICES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
William P. Heller, Nancy M. Wallace, Matthew Slowik, Eric M. Levine, Gregg R. Dreilinger, Adam G. Schwartz, Paul William Ettori
|
|
Docket Entries
| Docket Date |
2020-02-10
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-02-10
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD EFILED
|
|
| Docket Date |
2020-01-21
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed ~ PCA
|
|
| Docket Date |
2019-10-14
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
ABDIEL ECHEVERRIA
|
|
| Docket Date |
2019-09-30
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Carrington Mortgage Services, LLC
|
|
| Docket Date |
2019-09-18
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-Discharging Show Cause ~ IB ACCEPTED
|
|
| Docket Date |
2019-09-17
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ AAS W/IN 10 DAYS; DISCHARGED PER 9/18 ORDER
|
|
| Docket Date |
2019-09-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PER 9/17 ORDER AND MOT TO ACCEPT IB AS TIMELY
|
| On Behalf Of |
ABDIEL ECHEVERRIA
|
|
| Docket Date |
2019-09-17
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
ABDIEL ECHEVERRIA
|
|
| Docket Date |
2019-08-23
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 2558 PAGES
|
| On Behalf Of |
Clerk Brevard
|
|
| Docket Date |
2019-08-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Grant EOT for Initial Brief ~ IB BY 9/16
|
|
| Docket Date |
2019-08-13
|
| 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 |
ABDIEL ECHEVERRIA
|
|
| Docket Date |
2019-08-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Denied for Non-Service on Client ~ AMEND MOT FOR EOT W/IN 5 DAYS
|
|
| Docket Date |
2019-07-17
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Carrington Mortgage Services, LLC
|
|
| Docket Date |
2019-07-16
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD - Appeal to Proceed ~ STAY LIFTED. IB DUE 8/15.
|
|
| Docket Date |
2019-07-11
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PER 7/1 ORDER
|
| On Behalf Of |
ABDIEL ECHEVERRIA
|
|
| Docket Date |
2019-07-01
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ AA W/IN 10 DAYS- MOT TO LIFT STAY
|
|
| Docket Date |
2019-06-28
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO LIFT STAY
|
| On Behalf Of |
Carrington Mortgage Services, LLC
|
|
| Docket Date |
2019-06-11
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ PER 6/4 ORDER
|
| On Behalf Of |
ABDIEL ECHEVERRIA
|
|
| Docket Date |
2019-06-11
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ AAS FILE STATUS REPORT BY 12/9/19
|
|
| Docket Date |
2019-06-04
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ AAS FILE STATUS REPORT W/IN 10 DAYS
|
|
| Docket Date |
2018-12-03
|
| Type |
Order
|
| Subtype |
Order re Stay
|
| Description |
ORD-Case Stayed Pending Bankruptcy ~ AAS FILE STATUS REPORT W/IN 6 MONTHS
|
|
| Docket Date |
2018-12-03
|
| Type |
Notice
|
| Subtype |
Suggestion of Bankruptcy
|
| Description |
Suggestion of Bankruptcy
|
| On Behalf Of |
ABDIEL ECHEVERRIA
|
|
| Docket Date |
2018-10-16
|
| Type |
Order
|
| Subtype |
Order Declining Referral to Mediation
|
| Description |
ORD- Declining Referral to Mediation ~ IB W/IN 70 DAYS
|
|
| Docket Date |
2018-10-15
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-Discharging Show Cause
|
|
| Docket Date |
2018-10-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PER 10/5 ORDER
|
| On Behalf Of |
ABDIEL ECHEVERRIA
|
|
| Docket Date |
2018-10-05
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause - Filing Fee ~ AA W/IN 10 DAYS; DISCHARGED 10/15
|
|
| Docket Date |
2018-09-18
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Carrington Mortgage Services, LLC
|
|
| Docket Date |
2018-09-18
|
| Type |
Mediation
|
| Subtype |
Mediation Questionnaire
|
| Description |
Mediation Questionnaire ~ AA RICHARD A. KALINOSKI 0050901
|
| On Behalf Of |
ABDIEL ECHEVERRIA
|
|
| Docket Date |
2018-09-14
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 9/13/18
|
| On Behalf Of |
ABDIEL ECHEVERRIA
|
|
| Docket Date |
2018-09-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2018-09-14
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
ORD-From Circuit Court/Agency
|
|
| Docket Date |
2018-09-14
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee - Civil appeal (300)
|
|
|
|
ROGER D. THAYER AND ELISABETH THAYER VS CARRINGTON MORTGAGE SERVICES, LLC AND STERLING MEADOWS PROPERTY OWNERS ASSOCIATION, INC.
|
5D2018-1601
|
2018-05-17
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Eighteenth Judicial Circuit, Seminole County
2014-CA-000373
|
Parties
| Name |
ELISABETH THAYER
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ROGER D. THAYER
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Lisa M. Castellano
|
|
| Name |
STERLING MEADOWS PROPERTY OWNERS ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CARRINGTON MORTGAGE SERVICES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Adam G. Schwartz, Karen J. Wonsetler, William P. Heller, Nancy M. Wallace, Donna Evertz
|
|
| Name |
Hon. Susan Stacy
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk Seminole
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-05-30
|
| Type |
Mediation
|
| Subtype |
Mediation Questionnaire
|
| Description |
Mediation Questionnaire ~ AA MARK P. STOPA 0550507
|
| On Behalf Of |
ROGER D. THAYER
|
|
| Docket Date |
2019-02-06
|
| Type |
Mandate
|
| Subtype |
Notice Memorandum
|
| Description |
Notice Memorandum
|
|
| Docket Date |
2019-02-06
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD EFILED
|
|
| Docket Date |
2019-01-18
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Dismissing Appeal
|
|
| Docket Date |
2019-01-18
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk ~ FAILURE TO PROSECUTE
|
|
| Docket Date |
2019-01-04
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Record-on-Appeal ~ AA W/IN 10 DAYS
|
|
| Docket Date |
2019-01-03
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ INABILITY TO COMPLETE ROA
|
|
| Docket Date |
2018-12-04
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ROA DUE W/I 30 DYS. IB 15 DYS THEREAFTER.
|
|
| Docket Date |
2018-11-29
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ PER 11/21 ORDER
|
| On Behalf Of |
Carrington Mortgage Services, LLC
|
|
| Docket Date |
2018-11-21
|
| Type |
Order
|
| Subtype |
Order re Stay
|
| Description |
ORD-Case Stayed Pending Bankruptcy ~ TRUSTEE FILE STATUS REPORT W/IN 6 MONTHS
|
|
| Docket Date |
2018-11-16
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ PER 10/19 ORDER
|
| On Behalf Of |
Carrington Mortgage Services, LLC
|
|
| Docket Date |
2018-10-19
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ TRUSTEE OR PARTIES FILE A STATUS REPORT BY 11/16/18
|
|
| Docket Date |
2018-10-18
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ CASE STAYED- BANKRUPTCY
|
| On Behalf Of |
ROGER D. THAYER
|
|
| Docket Date |
2018-10-02
|
| Type |
Order
|
| Subtype |
Order re Counsel
|
| Description |
ORD-Withdraw as Counsel ~ IB DUE 11/15. W/I 10 DYS, AA TO RESPONSE TO NOTICE OF INABILITY TO COMPLETE RECORD.
|
|
| Docket Date |
2018-09-23
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel ~ EMERGENCY - AND FOR STAY
|
| On Behalf Of |
ROGER D. THAYER
|
|
| Docket Date |
2018-09-13
|
| Type |
Order
|
| Subtype |
Order re Counsel
|
| Description |
ORD-Withdraw as Counsel ~ 9/4 MTN/EOT GRANTED; IB DUE 10/5.
|
|
| Docket Date |
2018-09-04
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
ROGER D. THAYER
|
|
| Docket Date |
2018-09-04
|
| 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 |
ROGER D. THAYER
|
|
| Docket Date |
2018-08-21
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-File Response to Clerk's Notice ~ AAS W/IN 10 DAYS
|
|
| Docket Date |
2018-08-21
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ INABILITY TO COMPLETE ROA
|
| On Behalf Of |
Clerk Seminole
|
|
| Docket Date |
2018-06-26
|
| Type |
Order
|
| Subtype |
Order Declining Referral to Mediation
|
| Description |
ORD- Declining Referral to Mediation ~ IB W/IN 70 DAYS
|
|
| Docket Date |
2018-06-25
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-Discharging Show Cause
|
|
| Docket Date |
2018-06-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PER 6/7 ORDER
|
| On Behalf Of |
ROGER D. THAYER
|
|
| Docket Date |
2018-06-07
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause - Filing Fee ~ AA W/I 10 DAYS; DISCHARGED 6/25
|
|
| Docket Date |
2018-05-18
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Carrington Mortgage Services, LLC
|
|
| Docket Date |
2018-05-18
|
| Type |
Mediation
|
| Subtype |
Confidential Statement
|
| Description |
Confidential Statement ~ AE NANCY M. WALLACE 0065897
|
| On Behalf Of |
Carrington Mortgage Services, LLC
|
|
| Docket Date |
2018-05-17
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee - Civil appeal (300)
|
|
| Docket Date |
2018-05-17
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 5/16/18
|
| On Behalf Of |
ROGER D. THAYER
|
|
| Docket Date |
2018-05-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2018-05-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
DAVID C. BYARS & PAMELA L. BYARS VS CARRINGTON MORTGAGE SERVICES, LLC, ET AL.,
|
2D2017-3210
|
2017-07-27
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
15-CA-1821
|
Parties
| Name |
PAMELA L. BYARS
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
LATASHA LORDES SCOTT, ESQ.
|
|
| Name |
DAVID C. BYARS
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CARRINGTON MORTGAGE SERVICES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ERIC M. LEVINE, ESQ., HEATHER L. FESNAK, ESQ., WILLIAM P. HELLER, ESQ., MILLENNIUM PARTNERS, NANCY M. WALLACE, ESQ.
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-07-27
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
PAMELA L. BYARS
|
|
| Docket Date |
2017-07-27
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-07-10
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2019-06-14
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2019-06-14
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellants' motion for appellate attorneys' fees pursuant to sections 48.23 and 57.105(7) Florida Statutes (2018), is denied. Appellee's response to appellants' motion for attorneys' fees is noted.
|
|
| Docket Date |
2019-06-06
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Tampa
|
|
| Docket Date |
2019-05-13
|
| Type |
Brief
|
| Subtype |
Supplemental Answer Brief
|
| Description |
Supplemental Appellee Answer Brief
|
| On Behalf Of |
CARRINGTON MORTGAGE SERVICES, LLC
|
|
| Docket Date |
2019-05-02
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-SUA SPONTE ~ In this appeal, appellants seek an award of appellate attorneys' fees pursuant to sections 48.23 and 57.105(7), Florida Statutes (2018). We note that appellants' original counsel, Mark Stopa, withdrew after briefing and is currently suspended from practicing law. Co-counsel, Latasha C. Scott, also withdrew after briefing. Thus appellants are currently proceeding pro se.One of the arguments made on appeal relates to whether there are disputed issues of material fact regarding appellee's standing to bring a foreclosure action, and appellee cited Bank of New York Mellon Trust Co., N.A. v. Fitzgerald, 215 So. 3d 116 (Fla. 3d DCA 2017), and Nationstar Mortgage LLC v. Glass, 219 So. 3d 896 (Fla. 4th DCA 2017) (en banc), in arguing that if appellants prevail in their argument regarding standing, they are not entitled to attorneys' fees pursuant to section 57.105(7). However, in Harris v. Bank of N.Y. Mellon, 44 Fla. L. Weekly D141 (Fla. 2d DCA Dec. 28, 2018), this court certified conflict with Fitzgerald and Glass.Thus, within ten days from the date of this order, each party may file a supplemental brief addressing the issue of whether appellants are still entitled to an award of appellate attorneys' fees where they are proceeding pro se and, if so, how Harris affects their entitlement to fees under section 57.105(7). The supplemental briefs shall be limited to ten pages in length. Should a party elect not to file a supplemental brief, this appeal will proceed without it. The parties should also be prepared to address these issues at oral argument scheduled for June 6, 2019.
|
|
| Docket Date |
2019-04-04
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on THURSDAY, JUNE 06, 2019, at 9:30 A.M., before: Judge Robert J. Morris, Jr., Judge Matthew C. Lucas, Judge Susan H. Rothstein-Youakim. Oral argument will occur at the Second District Court of Appeal, Tampa Branch Headquarters, in the courtroom of the Stetson University College Of Law, Tampa Campus, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the receptionist by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument in this proceeding, the attorneys or parties will be notified by order no less than two weeks before the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.
|
|
| Docket Date |
2019-03-12
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-SUA SPONTE ~ This court acknowledges the expiration of the stay extension in case 8:18-bk-08436-RCT, United States Bankruptcy Court, Middle District of Florida. This appeal shall proceed. The parties will be notified when the case is reset for oral argument.
|
|
| Docket Date |
2018-11-16
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ AND NOTICE OF FILING OF ORDER CONFIRMING THE AUTOMATIC STAY PROVIDED BY 11 U.S.C. § 362 REMAINS IN EFFECT
|
|
| Docket Date |
2018-11-08
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-SUA SPONTE ~ This court is prevented from any action in this appeal due to the stay imposed by the October 12, 2018, order entered by the United States Bankruptcy Court, Middle District of Florida, in case 8:18-bk-08436-RCT, unless the Trustee executes a consent or a party otherwise receives stay relief from the bankruptcy court which at this time has jurisdiction.It is ORDERED that the bankruptcy trustee shall, and the parties may, inform this court when the bankruptcy court grants relief from the stay or file a status report by November 16, 2018, whichever occurs first. The status report shall be served on all parties as required by Florida Rule of Judicial Administration 2.516(a).
|
|
| Docket Date |
2018-10-24
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ STOPA (NOTICE OF FILING BANKRUPTCY ORDER)
|
|
| Docket Date |
2018-10-12
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-WITHDRAW AS COUNSEL ~ Attorney Mark Stopa's motion to withdraw as counsel of record for Appellants David C. Byars and Pamela L. Byars, is granted, and he is relieved of further appellate responsibilities. Appellants David C. Byars and Pamela L. Byars shall proceed pro se without prejudice to retaining new counsel, who must file a notice of appearance in this court.
|
|
| Docket Date |
2018-09-24
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
PAMELA L. BYARS
|
|
| Docket Date |
2018-09-21
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Grant Clarification-77 ~ Due to the suspension of Appellant's counsel from the practice of law, the oral argument scheduled for October 9, 2018 is hereby canceled. Oral argument will be rescheduled upon further notice.
|
|
| Docket Date |
2018-09-20
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification ~ APPELLEE'S MOTION FOR CLARIFICATION AS TO WHETHER ORAL ARGUMENT SHOULD MOVE FORWARD AS SCHEDULED ON OCTOBER 9, 2018
|
| On Behalf Of |
CARRINGTON MORTGAGE SERVICES, LLC
|
|
| Docket Date |
2018-09-20
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ It has come to the court's attention that attorney Mark Stopa has been suspended from the practice of law and ordered to withdraw from pending cases. In this case, no motion to withdraw has been filed. Within seven days from the date of this order, attorney Stopa shall file a motion to withdraw in this case. The motion shall be served on the client and shall provide the client's address, as required by Florida Rule of Appellate Procedure 9.440(b).
|
|
| Docket Date |
2018-09-18
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORDER GRANTING TO WITHDRAW AS COUNSEL ~ Attorney Latasha C. Scott's motion to withdraw as co-counsel of record forAppellants David C. Byars and Pamela L. Byars, is granted. Attorney Scott is relieved offurther appellate responsibilities. Attorney Mark P. Stopa remains counsel of recordfor Appellants David C. Byars and Pamela L. Byars.
|
|
| Docket Date |
2018-09-17
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
PAMELA L. BYARS
|
|
| Docket Date |
2018-09-07
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CARRINGTON MORTGAGE SERVICES, LLC
|
|
| Docket Date |
2018-08-03
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on TUESDAY, OCTOBER 09, 2018, at 9:30 A.M., before: Judge Nelly N. Khouzam, Judge Robert J. Morris, Jr., Judge John L. Badalamenti. Oral argument will occur at the Second District Court of Appeal, Tampa Branch Headquarters, in the courtroom of the Stetson University College Of Law, Tampa Campus, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the receptionist by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument in this proceeding, the attorneys or parties will be notified by order no less than two weeks before the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.
|
|
| Docket Date |
2018-06-28
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
PAMELA L. BYARS
|
|
| Docket Date |
2018-05-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORDER GRANTING APPELLANT'S REPLY BRIEF ~ Appellants' motion for extension of time is granted, and the reply brief shall be served within 15 days from the date of this order.
|
|
| Docket Date |
2018-05-11
|
| 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 |
PAMELA L. BYARS
|
|
| Docket Date |
2018-04-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - RB due 05/11/18
|
| On Behalf Of |
PAMELA L. BYARS
|
|
| Docket Date |
2018-03-12
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - RB due 04/11/18
|
| On Behalf Of |
PAMELA L. BYARS
|
|
| Docket Date |
2018-02-20
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
CARRINGTON MORTGAGE SERVICES, LLC
|
|
| Docket Date |
2018-02-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO MOTION TO TAX ATTORNEYS' FEES AND COSTS
|
| On Behalf Of |
CARRINGTON MORTGAGE SERVICES, LLC
|
|
| Docket Date |
2018-02-05
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ REDACTED - 12 PAGES
|
|
| Docket Date |
2018-02-02
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
PAMELA L. BYARS
|
|
| Docket Date |
2018-02-02
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
PAMELA L. BYARS
|
|
| Docket Date |
2018-01-31
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellants' motions to supplement the record is granted, and appellants shall make arrangements within three days with the clerk of the circuit court for the supplementation of the record with the items mentioned in the motion, with the supplemental record to be filed in this court within twenty-five days from the date of this order. Appellants' motion for an extension of time to serve the initial brief is granted to the extent that the initial brief filed on January 29, 2018, is accepted as timely filed. Appellees shall serve the answer brief within forty-five days of the date of this order.
|
|
| Docket Date |
2018-01-31
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
PAMELA L. BYARS
|
|
| Docket Date |
2018-01-29
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief
|
| On Behalf Of |
PAMELA L. BYARS
|
|
| Docket Date |
2018-01-29
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
PAMELA L. BYARS
|
|
| Docket Date |
2018-01-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S RESPONSE IN OPPOSITION TO APPELLANTS' MOTIONS TO SUPPLEMENT THE RECORD ON APPEAL
|
| On Behalf Of |
CARRINGTON MORTGAGE SERVICES, LLC
|
|
| Docket Date |
2018-01-25
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion Supplemental Record & Eot For Brief
|
| On Behalf Of |
PAMELA L. BYARS
|
|
| Docket Date |
2018-01-16
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement
|
| On Behalf Of |
PAMELA L. BYARS
|
|
| Docket Date |
2018-01-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
grant eot for IB - unlikely ~ Appellants’ motion for extension of time is granted, and the initial brief shall be served within 20 days. The appellees’ objection is noted. However, further motions for extension of time are unlikely to receive favorable consideration.
|
|
| Docket Date |
2018-01-03
|
| 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 |
PAMELA L. BYARS
|
|
| Docket Date |
2017-12-04
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30- IB DUE 01/03/18
|
| On Behalf Of |
PAMELA L. BYARS
|
|
| Docket Date |
2017-11-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30- IB DUE 12/03/17
|
| On Behalf Of |
PAMELA L. BYARS
|
|
| Docket Date |
2017-10-04
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30- IB DUE 11/03/17
|
| On Behalf Of |
PAMELA L. BYARS
|
|
| Docket Date |
2017-09-20
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ LEE - REDACTED - 281 PAGES
|
|
| Docket Date |
2017-08-29
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
PAMELA L. BYARS
|
|
| Docket Date |
2017-08-10
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CARRINGTON MORTGAGE SERVICES, LLC
|
|
| Docket Date |
2017-08-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2017-08-08
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
|
|
SHARON ROZIER, VS CARRINGTON MORTGAGE SERVICES, LLC,
|
3D2017-1232
|
2017-05-31
|
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
15-22740
|
Parties
| Name |
SHARON ROZIER
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CARRINGTON MORTGAGE SERVICES, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
MATTHEW B. KLEIN, Nancy M. Wallace, William P. Heller, Henry H. Bolz, IV, DAVID H. MORALES, PETER D. SPINDEL
|
|
| Name |
HON. NORMA S. LINDSEY
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-06-09
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CARRINGTON MORTGAGE SERVICES, LLC
|
|
| Docket Date |
2017-07-31
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2017-07-31
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2017-07-11
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2017-07-11
|
| 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 orders dated June 6, 2017, and with the Florida Rules of Appellate Procedure.
|
|
| Docket Date |
2017-06-06
|
| Type |
Order
|
| Subtype |
Show Cause re No Order Appealed
|
| Description |
AA TO FILE ORDER APPEALED (OR34) ~ Appellant is ordered to file within ten (10) days from the date of this order a conformed copy of the order or orders designated in the notice of appeal. See Fla. R. App. P. 9.110(d).
|
|
| Docket Date |
2017-05-31
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
SHARON ROZIER
|
|
| Docket Date |
2017-05-31
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
DM:No Fee - Case Dismissed
|
|
| Docket Date |
2017-05-31
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
|
