|
YUDIT SAVORIT, Petitioner v. NEWREZ, LLC d/b/a SHELLPOINT MORTGAGE SERVICING, Respondent.
|
6D2024-2312
|
2024-10-29
|
Open
|
|
| Classification |
Original Proceedings - Circuit Civil - Mandamus
|
| Court |
6th District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
2022-CA-000682
|
Parties
| Name |
YUDIT SAVORIT
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Hon. Lauren L Brodie
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Collier Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
NEWREZ LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Orlando DeLuca, Seth Jason Greenhill, Luis Ernesto Rivera, II, Kimberly Lyn George, Brandi Nicole Wilson, Shawn Lee Taylor, David Brian Adamian, Ashley Moody, Michelle Karen Mason, Nancy Mason Wallace, William Heller
|
|
Docket Entries
| Docket Date |
2024-11-19
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Within ten days of this order, Petitioner shall forward the required $300.00 filing fee or, if applicable, a motion to proceed in forma pauperis with an affidavit of indigency, as previously ordered by this Court. A form motion for this purpose may be found on this Court's website at https://6dca.flcourts.gov/Clerk-s-Office/Forms, and a copy of this form motion is enclosed with this order if served by mail. Failure to comply with this order will result in the dismissal of this case without further notice.
|
| View |
View File
|
|
| Docket Date |
2024-10-29
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-10-29
|
| Type |
Petition
|
| Subtype |
Petition Mandamus
|
| Description |
Petition Mandamus
|
| On Behalf Of |
YUDIT SAVORIT
|
| View |
View File
|
|
| Docket Date |
2024-11-27
|
| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
|
| Docket Date |
2024-11-25
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
NEWREZ, LLC
|
|
| Docket Date |
2025-01-02
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance as Co-Counsel
|
| On Behalf Of |
NEWREZ, LLC
|
|
| Docket Date |
2024-11-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
YUDIT SAVORIT
|
|
| Docket Date |
2024-10-29
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
This petition has been filed without the filing fee required under section 35.22(2)(a), Florida Statutes. Within twenty days of this order, Petitioner shall forward the required $300.00 filing fee or, if applicable, a motion to proceed in forma pauperis with an affidavit of indigency. A form motion for this purpose may be found on this Court's website at https://6dca.flcourts.gov/Clerk-s-Office/Forms, and a copy of this form motion is enclosed with this order if served by mail. Failure to comply with this order will result in the dismissal of this case.
|
| View |
View File
|
|
|
|
YUDIT SAVORIT, Appellant v. NEWREZ, LLC d/b/a SHELLPOINT MORTGAGE SERVICING, Appellee.
|
6D2024-2316
|
2024-10-26
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
6th District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
2022-CA-000682
|
Parties
| Name |
Yudit Savorit
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Hon. Lauren L Brodie
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Collier Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
NEWREZ LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Seth Jason Greenhill, Kimberly Lyn George, Luis Ernesto Rivera, II, Brandi Nicole Wilson, Shawn Lee Taylor, Orlando DeLuca, David Brian Adamian, Ashley Moody, Michelle Karen Mason
|
|
Docket Entries
| Docket Date |
2024-11-22
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion - MOTION TO TRANSFER CASE FILINGS
|
| On Behalf Of |
Yudit Savorit
|
|
| Docket Date |
2024-11-14
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
Yudit Savorit
|
|
| Docket Date |
2024-11-04
|
| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
|
| Docket Date |
2024-11-04
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
Yudit Savorit
|
| View |
View File
|
|
| Docket Date |
2024-10-31
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal - CERTIFIED COPY OF NOA
|
| On Behalf Of |
Collier Clerk
|
|
| Docket Date |
2024-10-29
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-10-26
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
| On Behalf Of |
Yudit Savorit
|
| View |
View File
|
|
| Docket Date |
2024-12-16
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-11-27
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Dismissed
|
|
| Docket Date |
2024-11-27
|
| Type |
Order
|
| Subtype |
Order on Motion to Transfer
|
| Description |
The Court grants Appellant's motion docketed November 22, 2024. The filing fee for this case and the response docketed November 13, 2024, are transferred to case number 6D2024-2312. Appellant's "Objection to Order of Denial of Writ of Possession" docketed October 26, 2024, as a notice of appeal is transferred to case number 6D2024-0756 as a motion. This case, number 6D2024-2316, is dismissed.
|
| View |
View File
|
|
| Docket Date |
2024-11-25
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
NEWREZ, LLC
|
|
| Docket Date |
2024-10-29
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
This appeal has been filed without the filing fee required under section 35.22(2)(a), Florida Statutes. Within twenty days of this order, Appellant shall forward the required $300.00 filing fee or, if applicable, an order or certificate from the lower tribunal finding Appellant indigent. Failure to comply with this order will result in the dismissal of this case.
|
| View |
View File
|
|
|
|
HILDA PIMENTEL, Appellant v. NEWREZ, LLC d/b/a SHELLPOINT MORTGAGE SERVICING, Appellee.
|
6D2024-1804
|
2024-08-26
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
6th District Court of Appeal
|
| Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County
2024-CA-002291
|
Parties
| Name |
HILDA PIMENTEL
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
NEWREZ LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Brian Lee Rosaler
|
|
| Name |
Hon. Eric J. Netcher
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Orange Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-10-16
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
NETCHER - 215 PAGES
|
| On Behalf Of |
Orange Clerk
|
|
| Docket Date |
2024-10-29
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigency/LT Order Insolvency
|
| On Behalf Of |
Orange Clerk
|
|
| Docket Date |
2024-10-29
|
| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
|
| Docket Date |
2024-10-18
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Within ten days of this order, Appellant shall forward the required $300.00 filing fee or, if applicable, an order or certificate of indigency from the lower tribunal, as previously ordered by this Court. Failure to comply with this order will result in the dismissal of this case without further notice.
|
| View |
View File
|
|
| Docket Date |
2024-08-26
|
| 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 from the lower tribunal finding appellant insolvent pursuant to section 57.081 or 57.085, Florida Statutes, as applicable, 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 |
2024-08-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-08-26
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
| On Behalf Of |
HILDA PIMENTEL
|
| View |
View File
|
|
|
|
YUDIT SAVORIT, Appellant(s) v. NEWREZ, LLC, D/B/A SHELLPOINT MORTGAGE SERVICING, Appellee(s).
|
6D2024-0756
|
2024-04-10
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
6th District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
2022CA-000682
|
Parties
| Name |
YUDIT SAVORIT
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
D/B/A SHELLPOINT MORTGAGE SERVICING
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HONORABLE CARYL E. DELANO
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HON. LAUREN L. BRODIE
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
CRYSTAL K. KINZEL, CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
NEWREZ LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
MICHELLE MASON, ESQ., Ashley Moody, A. G., BRANDI WILSON, ESQ., SHAWN TAYLOR, ESQ., DAVID B. ADAMIAN, ESQ., JOSEPH PAGGUI, III, ESQ., SETH J. GREENHILL, ESQ., KRISTEN CLARKE, ESQ., ORLANDO DELUCA, ESQ., LUIS RIVERA, II, ESQ., Kimberly Lyn George
|
|
Docket Entries
| Docket Date |
2024-11-18
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
EMERGENCY MOTION FOR STAY PENDING APPEAL
|
| On Behalf Of |
YUDIT SAVORIT
|
|
| Docket Date |
2024-11-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Motion to Strike Appellant's Brief
|
| On Behalf Of |
YUDIT SAVORIT
|
|
| Docket Date |
2024-11-05
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
MOTION TO STRIKE BRIEF AND FOR REQUEST FOR
SUMMARY AFFIRMANCE
|
| On Behalf Of |
NEWREZ, LLC
|
|
| Docket Date |
2024-11-04
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
The emergency motion for stay of enforcement pending appeal is denied. See Fla. R. App. P. 9.310.
|
| View |
View File
|
|
| Docket Date |
2024-10-31
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion - MOTION OF APPELLANT FOR LEAVE TO AMENDED BRIEF
|
| On Behalf Of |
YUDIT SAVORIT
|
|
| Docket Date |
2024-10-31
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Initial Brief
|
| On Behalf Of |
YUDIT SAVORIT
|
| View |
View File
|
|
| Docket Date |
2024-10-29
|
| Type |
Response
|
| Subtype |
Supplement
|
| Description |
Supplement
|
| On Behalf Of |
YUDIT SAVORIT
|
| View |
View File
|
|
| Docket Date |
2024-10-28
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
EMERGENCY MOTION FOR STAY OF ENFORCEMENT PENDING APPEAL
|
| On Behalf Of |
YUDIT SAVORIT
|
|
| Docket Date |
2024-10-26
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion OBJECTION TO ORDER OF DENIAL OF WRIT OF POSSESSION
|
| On Behalf Of |
YUDIT SAVORIT
|
|
| Docket Date |
2024-10-22
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Appellant's motion for extension of time to serve a corrected initial brief is granted. The corrected initial brief shall be served on or before October 30, 2024.
|
| View |
View File
|
|
| Docket Date |
2024-10-09
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
YUDIT SAVORIT
|
|
| Docket Date |
2024-10-01
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
The initial brief does not comply with Florida Rule of Appellate Procedure 9.045's form requirements and Florida Rule of Appellate Procedure 9.210's content requirements. Without limitation, the initial brief is in the wrong font and the certificate of compliance is incomplete. The statement of the case and argument sections do not include any record citations. There is no standard of review. Furthermore, the initial brief does not comply with the additional briefing requirements of this court as set forth in the Sixth District Court of Appeal Administrative Order 24-01. Specifically, the initial brief does not contain a statement as to each issue presented, where in the record on appeal the issue was raised and ruled on. Appellant shall file a corrected brief within ten days from the date of this order. A compliant brief would include an entry in the table of contents entitled "Statement of Preservation" that indicates the section in the initial brief where this information appears. AO 24-01 can be accessed at https://6dca.flcourts.gov/Clerk-s-Office/Administrative-Orders. Failure to comply with this order may result in summary affirmance. See Fla. R. App. P. 9.315(a).
|
| View |
View File
|
|
| Docket Date |
2024-09-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
APPELANT'S RESPONSE TO APPELLEATE COURT's SEPTEMBER 20, 2024 ORDER
|
| On Behalf Of |
YUDIT SAVORIT
|
|
| Docket Date |
2024-09-26
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Accept Brief as Timely
|
| Description |
Motion to Accept Brief as Timely
|
| On Behalf Of |
YUDIT SAVORIT
|
|
| Docket Date |
2024-09-25
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
YUDIT SAVORIT
|
| View |
View File
|
|
| Docket Date |
2024-09-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
APPELLEE'S RESPONSE TO APPELLATE COURT'S SEPTEMBER 20, 2024, ORODER
|
| On Behalf Of |
NEWREZ, LLC
|
|
| Docket Date |
2024-09-19
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing
|
| On Behalf Of |
YUDIT SAVORIT
|
|
| Docket Date |
2024-08-23
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Appellee's motion to dismiss appeal: lack of jurisdiction is denied. Appellee's motion to dismiss appeal for failure to serve initial brief is denied. Appellant shall file his initial brief within thirty days of the rendition of this order, failing which the appeal may be dismissed without further notice.
|
| View |
View File
|
|
| Docket Date |
2024-08-19
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
Upon consideration that the order on appeal designated in the notice of appeal appears in the record, this Court's order requiring Appellant provide a copy of that order is hereby discharged.
|
| View |
View File
|
|
| Docket Date |
2024-08-14
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
Objection to Motion to Dismiss
|
| On Behalf Of |
YUDIT SAVORIT
|
|
| Docket Date |
2024-08-07
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
APPELLEE'S MOTION TO DISMISS APPEAL FOR FAILURE TO
SERVE INTIAL BRIEF
|
| On Behalf Of |
NEWREZ, LLC
|
|
| Docket Date |
2024-08-07
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing
|
| On Behalf Of |
YUDIT SAVORIT
|
|
| Docket Date |
2024-07-22
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing
|
| On Behalf Of |
YUDIT SAVORIT
|
|
| Docket Date |
2024-07-18
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
This Court will treat Appellant's motion to dismiss as a notice of appeal. Appellant may respond within twenty days of this order, failing which Appellant's motion to dismiss will be stricken from this appeal and will proceed as a notice of appeal under a new case number.
|
| View |
View File
|
|
| Docket Date |
2024-07-18
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
Objection to Notice of Proof of Service and Response to Motion
|
| On Behalf Of |
YUDIT SAVORIT
|
|
| Docket Date |
2024-07-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
15- IB DUE 08/03/24
|
| On Behalf Of |
YUDIT SAVORIT
|
|
| Docket Date |
2024-07-16
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
Objection to Motion to Dismiss for Lack of Jurisdiction
|
| On Behalf Of |
YUDIT SAVORIT
|
|
| Docket Date |
2024-07-15
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed
|
| On Behalf Of |
YUDIT SAVORIT
|
|
| Docket Date |
2024-07-11
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
This Court notes Appellant's filing of June 27, 2024, but cannot identify the relief sought therein. This Court will take no further action on this filing unless Appellant provides clarification within ten days of this order.
|
| View |
View File
|
|
| Docket Date |
2024-06-30
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
MOTION TO DISMISS APPEAL: LACK OF JURISDICTION
|
| On Behalf Of |
NEWREZ, LLC
|
|
| Docket Date |
2024-06-30
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
CORRECTED NOTICE OF APPEARANCE FOR APPELLEE
|
| On Behalf Of |
NEWREZ, LLC
|
|
| Docket Date |
2024-06-27
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Docket Entry - mail from AA SAVORIT
|
| On Behalf Of |
YUDIT SAVORIT
|
|
| Docket Date |
2024-06-25
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing
|
| On Behalf Of |
YUDIT SAVORIT
|
|
| Docket Date |
2024-06-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
30- IB due 07/19/24
|
| On Behalf Of |
YUDIT SAVORIT
|
|
| Docket Date |
2024-05-21
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal - REDACTED - BRODIE - 1705 PAGES
|
| On Behalf Of |
CRYSTAL K. KINZEL, CLERK
|
|
| Docket Date |
2024-04-30
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal - WITH CLERK CERTIFICATION
|
| On Behalf Of |
CRYSTAL K. KINZEL, CLERK
|
|
| Docket Date |
2024-04-26
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing - AFFIDAVIT OF FACT
|
| On Behalf Of |
YUDIT SAVORIT
|
|
| Docket Date |
2024-04-12
|
| Type |
Order
|
| Subtype |
Certify Notice of Appeal
|
| Description |
Notice to be Certified ~ Appellant filed the notice of appeal in this court. A copy is attached to this order. The lower tribunal clerk shall promptly certify the notice and return it to this court as with any notice of appeal, accompanied by any order of indigency that may have been entered by the lower tribunal. The notice of appeal shall be returned for filing in this case number.
|
|
| Docket Date |
2024-04-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2024-04-10
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Miscellaneous Trial Court Document
|
| On Behalf Of |
YUDIT SAVORIT
|
|
| Docket Date |
2024-04-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ NOT CERTIFIED WITH FILING FEE
|
| On Behalf Of |
YUDIT SAVORIT
|
|
| Docket Date |
2024-12-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
APPELLANT'S RESPONSE IN OPPOSITION TO APPELLEE'S MOTION FOR ATTORNEYS' FEES
|
| On Behalf Of |
YUDIT SAVORIT
|
|
| Docket Date |
2024-12-26
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
NEWREZ, LLC
|
|
| Docket Date |
2024-12-19
|
| Type |
Order
|
| Subtype |
Order on Motion to Accept Brief as Timely
|
| Description |
Appellee's motion to accept the answer brief as timely filed is granted, and the answer brief is accepted as filed.
|
| View |
View File
|
|
| Docket Date |
2024-12-18
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Objection to Appellee's late-filed Answer Brief to Appellant's Brief and for Request for Summary Affirmance to the Honorable Court of Appeals
|
| On Behalf Of |
YUDIT SAVORIT
|
|
| Docket Date |
2024-12-10
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Accept Brief as Timely
|
| Description |
MOTION TO DEEM ANSWER BRIEF TIMELY FILED
|
| On Behalf Of |
NEWREZ, LLC
|
|
| Docket Date |
2024-12-10
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
NEWREZ, LLC
|
| View |
View File
|
|
| Docket Date |
2024-11-21
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
Appellant's motion for leave to file amended brief is granted, and the amended initial brief is accepted as filed. The motion to strike amended initial brief is denied. The requests within the Objection to Denial of Emergency Motion for Stay are denied.
|
| View |
View File
|
|
| Docket Date |
2024-10-28
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
In order to facilitate this court's review pursuant to Florida Rule of Appellate Procedure 9.310, within ten days from the date of this order, appellant shall provide a supplement to the motion for stay. Such supplement shall provide a copy of the lower tribunal's October 24, 2024, order on writ of possession, a copy of any motion for stay filed in the lower tribunal, and a copy of any order on such a motion for stay entered by the lower tribunal. Failure to timely comply with this order may result in denial of the motion for stay without further notice. Appellant is also cautioned that future certificates of service accompanying any filings with this court shall include a showing of the method of service on the parties pursuant to Florida Rule of Appellate Procedure 9.420.
|
| View |
View File
|
|
| Docket Date |
2024-09-20
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Upon consideration of Appellant's September 19, 2024, notice of filing, Appellant and Appellee are directed to file individual responses in this Court within ten days of this order informing this Court whether there are proceedings in the lower tribunal or bankruptcy court requiring this appeal to be held in abeyance or under stay.
|
| View |
View File
|
|
|
|
JAMES GIEHL, Appellant(s) v. PHH MORTGAGE CORPORATION, NEWREZ, LLC, OCWEN FINANCIAL CORPORATION, NEW PENN FINANCIAL, LLC, SHELLPOINT MORTGAGE SERVICING, Appellee(s).
|
2D2023-2397
|
2023-11-06
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Sarasota County
2023CA-003515NC
|
Parties
| Name |
JAMES GIEHL
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PHH MORTGAGE CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
NEWREZ LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
OCWEN FINANCIAL CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Peter Anthony Hernandez
|
|
| Name |
NEW PENN FINANCIAL, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. STEPHEN WALKER
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Sarasota Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
SHELLPOINT MORTGAGE SERVICING
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
James Henry Wyman, Steven Brian Greenfield
|
|
Docket Entries
| Docket Date |
2024-11-22
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
JAMES GIEHL
|
| View |
View File
|
|
| Docket Date |
2024-11-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Appellant's motion for extension of time is granted, and the initial brief shall be served within 21 days from the date of this order.
|
| View |
View File
|
|
| Docket Date |
2024-10-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
| On Behalf Of |
JAMES GIEHL
|
|
| Docket Date |
2024-08-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
| On Behalf Of |
JAMES GIEHL
|
|
| Docket Date |
2024-07-10
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
JAMES GIEHL
|
|
| Docket Date |
2024-06-06
|
| Type |
Order
|
| Subtype |
Abeyance Order
|
| Description |
Because the lower tribunal has disposed of the motion(s) that suspend rendition as set forth in Florida Rule of Appellate Procedure 9.020(h), this appeal is no longer in abeyance and shall proceed.
|
| View |
View File
|
|
| Docket Date |
2024-05-28
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
JAMES GIEHL
|
|
| Docket Date |
2024-05-28
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
JAMES GIEHL
|
|
| Docket Date |
2024-04-26
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Appellant shall file a status report regarding motions tolling rendition within thirty days from the date of this order.
|
| View |
View File
|
|
| Docket Date |
2024-04-25
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
SHELLPOINT MORTGAGE SERVICING
|
|
| Docket Date |
2024-04-22
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Miscellaneous Trial Court Document - APPENDIX TO STATUS REPORT
|
| On Behalf Of |
JAMES GIEHL
|
|
| Docket Date |
2024-04-17
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
OCWEN FINANCIAL CORPORATION
|
|
| Docket Date |
2024-04-10
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ On February 9, 2024, and March 13, 2024, this court issued orders requiring status reports from Appellant stating what actions Appellant had taken to obtain a ruling on his November 13, 2023, motion tolling rendition. Although Appellant has reported on his actions in the lower tribunal, those actions have not had the aim of resolving his pending motion. Within ten days of the date of this order, Appellant shall file a status report demonstrating that Appellant has either (1) set his November 13, 2023, motion for a hearing in the lower tribunal; or (2) withdrawn his November 13, 2023, motion.
|
|
| Docket Date |
2024-04-08
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
JAMES GIEHL
|
|
| Docket Date |
2024-04-08
|
| Type |
Notice
|
| Subtype |
Appendix/Attachment to Notice
|
| Description |
Appendix/Attachment to Notice
|
| On Behalf Of |
JAMES GIEHL
|
|
| Docket Date |
2024-04-03
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER ~ Compliance with this court's March 13, 2024, order is overdue. Within five daysof the date of this order, Appellant shall file an updated status report on the motiontolling rendition, or sanctions including dismissal of this appeal may follow.
|
|
| Docket Date |
2024-03-13
|
| Type |
Order
|
| Subtype |
Abeyance Order
|
| Description |
Appeal In Abeyance ~ Appellant's status report fails to state what actions Appellant has taken to obtaina ruling on his November 13, 2023, motion pending in the lower tribunal. This court isobligated to hold this appeal in abeyance until that motion is resolved or withdrawn bywritten notice. Fla. R. App. P. 9.020(h)(2)(A). Within fifteen days of the date of thisorder, Appellant shall file an updated status report stating what actions Appellant hastaken, such as setting the motion for a hearing, to obtain a ruling on the motion.
|
|
| Docket Date |
2024-03-11
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
JAMES GIEHL
|
|
| Docket Date |
2024-02-09
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ Appellant shall file a status report regarding motions tolling rendition within 30 days from the date of this order. The status report must state what actions Appellant has taken to obtain a ruling on his November 13, 2023, motion pending in the lower tribunal. See Al-Hakim v. State, 783 So. 2d 293, 294 (Fla. 5th DCA 2001) ("It is well-settled that in a civil proceeding, it is generally necessary to bring a pending matter to the trial court's attention by having it noticed for hearing.")
|
|
| Docket Date |
2024-02-05
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
JAMES GIEHL
|
|
| Docket Date |
2024-01-26
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
status report within * days ~ Appellant shall file a status report regarding motions tolling rendition within 10days from the date of this order.
|
|
| Docket Date |
2023-12-21
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
SHELLPOINT MORTGAGE SERVICING
|
|
| Docket Date |
2023-12-21
|
| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
|
| Description |
Grant Miscellaneous Motion-79 ~ Appellant's "request to place case in pending" motion is granted to the extent thatit appears that motion(s) are pending in the lower tribunal with the effect of delayingrendition pursuant to Florida Rule of Appellate Procedure 9.020(h). This appeal is heldin abeyance. If there are no such motions pending, Appellant shall notify this courtwithin five days. If there are such motion(s) pending, Appellant shall notify this courtupon disposition of the motion(s) or shall file a status report within thirty days, whicheveroccurs first.
|
|
| Docket Date |
2023-12-05
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ REQUEST TO PLACE CASE IN PENDING
|
| On Behalf Of |
JAMES GIEHL
|
|
| Docket Date |
2023-11-28
|
| Type |
Order
|
| Subtype |
Show Cause re No Order Appealed
|
| Description |
OSC - no order appealed ~ ***DISCHARGED PER 11/28/23 ORDER***Appellant shall show cause within fifteen days why this appeal should not be dismissed for lack of jurisdiction, as appellant has failed to provide a copy of the order appealed as required by the Florida Rules of Appellate Procedure, and this court is unable thereby to determine its jurisdiction.
|
|
| Docket Date |
2023-11-21
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ NOTICE OF APPEALED ORDER ATTACHMENT
|
| On Behalf Of |
JAMES GIEHL
|
|
| Docket Date |
2023-11-06
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-11-06
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ NOT CERTIFIED
|
| On Behalf Of |
JAMES GIEHL
|
|
| Docket Date |
2023-11-06
|
| Type |
Order
|
| Subtype |
Certify Notice of Appeal
|
| Description |
Notice to be Certified ~ Appellant filed the notice of appeal in this court. A copy is attached to this order. The lower tribunal clerk shall promptly certify the notice and return it to this court as with any notice of appeal, accompanied by any order of indigency that may have been entered by the lower tribunal. The notice of appeal shall be returned for filing in this case number.
|
|
| Docket Date |
2023-11-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2025-01-08
|
| Type |
Order
|
| Subtype |
Order on Motion to Withdraw Filing
|
| Description |
Appellees' "notice of withdrawal of notice of agreed extension of time to serve reply to initial brief" is treated as a motion to withdraw the notice of agreed extension of time and is granted. Appellees' notice of agreed extension of time, filed December 12, 2024, is withdrawn. Appellant's motion to strike the notice of agreed extension of time is denied as moot.
Appellees' motion for extension of time is granted, and the answer brief shall be served by February 19, 2025.
|
| View |
View File
|
|
| Docket Date |
2025-01-07
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
AMENDED NOTICE OF WITHDRAWAL OF NOTICE OF AGREED EXTENSION OF TIME TO SERVE RESPONSE TO INITIAL BRIEF AND RESPONSE TO APPELLANT'S MOTION TO STRIKE
|
| On Behalf Of |
OCWEN FINANCIAL CORPORATION
|
|
| Docket Date |
2024-12-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Motion for Extension of Time to Serve Answer Brief
|
| On Behalf Of |
OCWEN FINANCIAL CORPORATION
|
|
| Docket Date |
2024-12-16
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Appellees shall respond to Appellant's motion to strike within 15 days of the date of this order.
|
| View |
View File
|
|
| Docket Date |
2024-12-16
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF WITHDRAWAL OF NOTICE OF AGREED EXTENSION OF TIME TO SERVE REPLY TO INITIAL BRIEF AND RESPONSE TO APPELLANT'S MOTION TO STRIKE
|
| On Behalf Of |
OCWEN FINANCIAL CORPORATION
|
|
| Docket Date |
2024-12-13
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
JAMES GIEHL
|
|
| Docket Date |
2024-12-12
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
90 DAYS - AB DUE ON 03/12/25
|
| On Behalf Of |
SHELLPOINT MORTGAGE SERVICING
|
|
| Docket Date |
2024-12-11
|
| Type |
Record
|
| Subtype |
Record on Appeal Redacted
|
| Description |
3839 PAGES
|
| On Behalf Of |
Sarasota Clerk
|
|
| Docket Date |
2024-12-09
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
APPEAL PAYMENT UPDATE FOR THE HONORABLE CLERK
|
| On Behalf Of |
JAMES GIEHL
|
|
| Docket Date |
2024-12-06
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Sarasota Clerk
|
|
| Docket Date |
2024-09-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Appellant's motion for extension to file initial brief is granted to the extent that Appellant shall serve the initial brief within thirty days of the date of this order. Appellant's motion for request to Sarasota clerk is denied. For the transcripts mentioned in the motion to be considered, Appellant must file a motion to supplement the record in this court. The motion must: (1) state whether the proceeding was recorded; (2) identify the court reporting entity; and (3) demonstrate, with documentation from the court reporting entity, that financial arrangements for transcription have been made.
|
| View |
View File
|
|
|
