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MAXIMO ANTONIO GARCES, Appellant(s) v. CAVALRY SPV I, LLC, a/a/o CITI BANK, Appellee(s).
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4D2024-3271
|
2024-12-20
|
Open
|
|
| Classification |
NOA Final - County Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
COCE24-022272
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Parties
| Name |
Maximo Antonio Garces
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CAVALRY SPV I, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Dana Michelle Stern
|
|
| Name |
Citi Bank, N.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Jacqueline Joan-Marie Powell
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2025-01-02
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORDERED that Appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order being appealed. See Fla. R. App. P. 9.110(d). This copy must contain a legible stamp from the clerk of the lower tribunal, showing the date and time the order being appealed was filed in that office.
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| View |
View File
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| Docket Date |
2024-12-30
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| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
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 (2024), 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.
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| View |
View File
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| Docket Date |
2024-12-20
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| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-12-20
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Miscellaneous Trial Court Document- Civil Cover Sheet
|
|
| Docket Date |
2024-12-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
|
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THOMAS KERTESZ, Appellant(s) v. CAVALRY SPV LLC as Assignee of SYNCHRONY BANK, Appellee(s).
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4D2024-0821
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2024-04-02
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Closed
|
|
| Classification |
NOA Final - County Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County
CONO23005931
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Parties
| Name |
Thomas Kertesz
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CAVALRY SPV I, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Andrew Alitowski, Jorge Luis Palma, Juan G Andreu
|
|
| Name |
Synchrony Bank
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Kim Theresa Mollica
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-04-19
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDERED sua sponte that the above-styled appeal is dismissed for non-payment of the $300.00 filing fee.
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| View |
View File
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| Docket Date |
2024-04-02
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| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-04-02
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| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
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| View |
View File
|
|
| Docket Date |
2024-04-02
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| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Civil Cover Sheet
|
|
| Docket Date |
2024-04-02
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| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
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|
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Luis Antonio Guerra, Appellant(s), v. Cavalry Spv I, LLC, Appellee(s).
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3D2024-0463
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2024-03-13
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Open
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|
| Classification |
NOA Final - County Small Claims - Other
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| Court |
3rd District Court of Appeal
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| Originating Court |
County Court for the Eleventh Judicial Circuit, Miami-Dade County
23-95331-SP
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Parties
| Name |
Luis Antonio Guerra
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CAVALRY SPV I, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jorge Luis Palma, Juan G Andreu, Carlos Cruanes
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|
| Name |
Hon. Stephanie Silver
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-10-25
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
Luis Antonio Guerra
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| View |
View File
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|
| Docket Date |
2024-10-14
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| Type |
Motions Extensions
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| Subtype |
Motion Extension of Time To Reply To Response
|
| Description |
Appellant's Motion Extension of Time To Reply To Appellee's Answer to Appellant's Brief
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| On Behalf Of |
Luis Antonio Guerra
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| View |
View File
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|
| Docket Date |
2024-09-27
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| Type |
Brief
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| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
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| On Behalf Of |
Cavalry Spv I, LLC
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| View |
View File
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|
| Docket Date |
2024-09-06
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| Type |
Response
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| Subtype |
Answer
|
| Description |
Answer to Appellee's Motion for Extension of Time to Respond to Appellant's Initial Brief
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| On Behalf Of |
Luis Antonio Guerra
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| View |
View File
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|
| Docket Date |
2024-09-06
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Appellee's Motion for Extension of Time to Respond to
Appellant's Initial Brief is hereby granted. Appellee shall file the answer brief
on or before September 30, 2024. Multiple extensions of time for the same
filing are discouraged. Absent extenuating circumstances, subsequent
requests may be denied.
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| View |
View File
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|
| Docket Date |
2024-09-05
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Respond to Appellant's Initial Brief
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| On Behalf Of |
Cavalry Spv I, LLC
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| View |
View File
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|
| Docket Date |
2024-08-28
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| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Cavalry Spv I, LLC
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| View |
View File
|
|
| Docket Date |
2024-08-08
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| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Luis Antonio Guerra
|
| View |
View File
|
|
| Docket Date |
2024-08-08
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Initial Brief
|
| On Behalf Of |
Luis Antonio Guerra
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| View |
View File
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|
| Docket Date |
2024-05-08
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement the "Record on Appeal"
|
| On Behalf Of |
Luis Antonio Guerra
|
|
| Docket Date |
2024-04-18
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2024-03-22
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Certificate that no Court Reporter Transcript is being Requested
|
| On Behalf Of |
Luis Antonio Guerra
|
|
| Docket Date |
2024-03-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment of a New Case Letter.
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| View |
View File
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|
| Docket Date |
2024-03-13
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| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
|
| Docket Date |
2024-03-13
|
| Type |
Miscellaneous Document
|
| Subtype |
Affidavit of Indigency
|
| Description |
Approved Affidavit of Indigency.
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2024-03-13
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| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal for 3D2024-0463. Related case: 23-2030
|
| On Behalf Of |
Luis Antonio Guerra
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|
| Docket Date |
2024-10-15
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Pro se Appellant's Motion for an Extension of Time to File the Reply Brief is granted to and including October 24, 2024. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
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| View |
View File
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| Docket Date |
2024-05-29
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| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
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| Description |
Upon consideration of pro se Appellant's May 7, 2024, Motion to
Supplement the Record on Appeal, the Court hereby denies pro se
Appellant's Motion to Supplement the Record because pro se Appellant's
Motion fails to identify, with specificity, any items missing from the record or
any portions of the record that pro se Appellant asserts are illegible. Our
denial of pro se Appellant's Motion, though, is without prejudice to pro se
Appellant filing, contemporaneously with his initial brief, an appendix
containing legible materials that pro se Appellant asserts are either missing
from the record or that are illegible. Pro se Appellant's initial brief shall be
filed within seventy (70) days from the date of this Order.
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| View |
View File
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FLORENCIA RECALDE, Appellant(s) v. Cavalry Spv I LLC, Appellee(s).
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4D2023-2591
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2023-10-30
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Closed
|
|
| Classification |
NOA Final - County Civil - Other
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| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
COCE23037745
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Parties
| Name |
Florencia Recalde
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CAVALRY SPV I, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jason Scott Dragutsky
|
|
Docket Entries
| Docket Date |
2023-11-16
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDERED sua sponte that the above-styled appeal is dismissed for non-payment of the $300.00 filing fee.
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| View |
View File
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|
| Docket Date |
2023-10-30
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2023-10-30
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Miscellaneous Trial Court Document
|
|
| Docket Date |
2023-10-30
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order on Filing Fee
|
| View |
View File
|
|
| Docket Date |
2023-10-30
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
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| View |
View File
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GLORIA C. JOYNER VS WILMINGTON SAVINGS FUND SOCIETY, FSB, AS OWNER TRUSTEE OF THE RESIDENTIAL CREDIT OPPORTUNITIES TRUST V-D
|
6D2023-2982
|
2023-07-05
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Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
6th District Court of Appeal
|
| Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County
2020-CA-002695-O
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Parties
| Name |
GLORIA C. JOYNER
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
ERIC K. JACKSON, ESQ.
|
|
| Name |
CAVALRY SPV I, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MICROF LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WILMINGTON SAVINGS FUND SOCIETY, FSB, CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
SHAWN R. H. SMITH, ESQ., MELISA MANGANELLI, ESQ.
|
|
| Name |
RESIDENTIAL CREDIT OPPORTUNITES TRUST V-D
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. PAETRA T. BROWNLEE
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Orange Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-09-04
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
**SEE AMENDED ORDER**Having reviewed the responses to this court's order to show cause of September 18, 2023, the court dismisses this appeal from interim nonfinal orders as untimely filed as to those orders. The appeal is also rendered moot to the extent that the appeal from the related final judgment is proceeding and allows for review of nonfinal orders within its scope. The motion to dismiss is denied as moot.
ORDERED that Appellee's Motion for Attorneys' Fees on Appeal, filed on July 31, 2023, is provisionally granted should Appellee ultimately be determined to be the prevailing party below. If so determined, the lower court shall determine and assess reasonable attorneys' fees for this appellate court proceeding. See Fla. R. App. P. 9.400(a) & (b).
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| View |
View File
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| Docket Date |
2023-09-29
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| Type |
Response
|
| Subtype |
Objection
|
| Description |
OBJECTION ~ APPELLEE'S OBJECTION TO CONSOLIDATION WITHAPPEAL BEARING CASE NO. 6D23-3161
|
| On Behalf Of |
WILMINGTON SAVINGS FUND SOCIETY, FSB
|
|
| Docket Date |
2023-09-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT/DEFENDANT'S RESPONSE TO THE COURTS ORDER TOSHOW CAUSE
|
| On Behalf Of |
GLORIA C. JOYNER
|
|
| Docket Date |
2023-09-18
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-TO FILE RESPONSE ~ Appellant is directed to respond to this court's August 7, 2023 order within ten days from the date of this order, by addressing whether this appeal should be otherwise consolidated with the appeal in case 6D23-3161 to proceed solely as an appeal from a final order in that case. Appellant shall otherwise show cause within ten days from the date of this order why this appeal should not be dismissed as untimely as it seeks to appeal orders entered June 30, 2022, December 2, 2022, and February 16, 2023, while the notice of appeal was not filed until July 5, 2023. See Fla. R. App. P. 9.130(b). Appellee may also, within ten days from the date of this order, indicate whether this appeal should be consolidated with the appeal from the final order of foreclosure in 6D23-3161.
|
|
| Docket Date |
2023-07-05
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2023-08-07
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-TO FILE RESPONSE ~ Appellant shall respond to the motion to dismiss appeal as from a nonfinal, nonappealable order within ten days from the date of this order. Failure to timely respond may result in dismissal without further notice. The response shall also address whether this appeal should be otherwise consolidated with the appeal in case 6D23-3161 to proceed solely as an appeal from a final order in that case.
|
|
| Docket Date |
2023-08-04
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANT'S MOTION IN OPPOSITION OF APPELLEE'S MOTION TO DISMISSAPPEAL OF NON-FINAL ORDERS
|
| On Behalf Of |
GLORIA C. JOYNER
|
|
| Docket Date |
2023-08-02
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
grant pro hac vice and $100 fee ~ Attorney Eric Kenneth Jackson's motion to appear as a foreign attorney in this proceeding is granted. All parties must serve sponsoring Florida Attorney Shawn R.H. Smith with all submissions when serving foreign attorney Eric Kenneth Jackson with documents.
|
|
| Docket Date |
2023-07-31
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLEE'S MOTION FOR ATTORNEYS' FEES ON APPEAL
|
| On Behalf Of |
WILMINGTON SAVINGS FUND SOCIETY, FSB
|
|
| Docket Date |
2023-07-31
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ MOTION TO DISMISS APPEAL OF NON-FINAL NON-APPEALABLEORDERS
|
| On Behalf Of |
WILMINGTON SAVINGS FUND SOCIETY, FSB
|
|
| Docket Date |
2023-07-12
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Motion For Admission To Appear Pro Hac Vice ~ VERIFIED MOTION FOR ADMISSION TO APPEAR PRO HAC VICE PURSUANT TO FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.510 - ERIC KENNETH JACKSON
|
| On Behalf Of |
GLORIA C. JOYNER
|
|
| Docket Date |
2023-07-12
|
| Type |
Misc. Events
|
| Subtype |
Pro Hac Vice Fee Paid through Portal
|
| Description |
Pro Hac Vice Fee Paid through Portal
|
| On Behalf Of |
GLORIA C. JOYNER
|
|
| Docket Date |
2023-07-11
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
GLORIA C. JOYNER
|
|
| Docket Date |
2023-07-07
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ NOTICE OF APPEARANCE AS ATTORNEY OF RECORD AND REQUEST TO RECEIVE ELECTRONIC NOTIFICATION
|
| On Behalf Of |
WILMINGTON SAVINGS FUND SOCIETY, FSB
|
|
| Docket Date |
2023-07-05
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-07-05
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2023-07-05
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ WITH ORDER
|
| On Behalf Of |
GLORIA C. JOYNER
|
|
| Docket Date |
2024-11-21
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-09-06
|
| Type |
Order
|
| Subtype |
Amended/Corrected Order
|
| Description |
**AMENDED ORDER**Having reviewed the responses to this court's order to show cause of September 18, 2023, order to show cause, this appeal from interim nonfinal orders is dismissed as untimely filed as to those orders. The appeal is also rendered moot to the extent that the appeal from the related final judgment is proceeding and allows for review of nonfinal orders within its scope. The motion to dismiss is denied as moot.
ORDERED that Appellee's Motion For Attorney's Fees, filed
on July 31, 2023, is provisionally granted should Appellee ultimately be determined to be the prevailing party below. If so determined, the lower court shall determine and assess reasonable attorney's fees for this appellate court proceeding. See Fla. R. App. P. 9.400(a) & (b).
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| View |
View File
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|
|
|
NORMA DURAN, VS CAVALRY SPV I, LLC, etc.,
|
3D2022-1294
|
2022-07-26
|
Closed
|
|
| Classification |
NOA Final - County Small Claims - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
County Court for the Eleventh Judicial Circuit, Miami-Dade County
21-10799 SP
|
Parties
| Name |
NORMA DURAN
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CAVALRY SPV I, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
KRISTINA B. MOEHLE
|
|
| Name |
Hon. Gisela Cardonne Ely
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-12-28
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2022-12-28
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-12-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
Reinstatement Denied (OD40) ~ Upon consideration of pro se Appellant's refiled motion to reinstate the appeal, and noting pro se Appellant's failure to comply with this Court's November 23, 2022, Order, issued upon pro se Appellant's previous motion to reinstate the appeal, the refiled motion to reinstate the appeal is denied, and this appeal shall stand dismissed. FERNANDEZ, C.J., and LINDSEY and MILLER, JJ., concur.
|
|
| Docket Date |
2022-12-05
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
NORMA DURAN
|
|
| Docket Date |
2022-11-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
Reinstatement Denied (OD40) ~ Upon consideration, pro se Appellant’s motion to reinstate the appeal is hereby denied without prejudice. Within ten (10) days from the date of this Order, pro se Appellant may file a motion to reinstate the appeal that articulates a clearly identifiable basis for failure to comply with this Court's Order to file the initial brief. Pro se Appellant shall file the initial brief together with that motion, clearly articulating a legal basis for reversal of the judgment below. Should pro se Appellant fail to comply with this Order, the appeal shall stand dismissed. FERNANDEZ, C.J., and LINDSEY and MILLER, JJ., concur.
|
|
| Docket Date |
2022-11-21
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
NORMA DURAN
|
|
| Docket Date |
2022-11-16
|
| 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 County Court for Miami-Dade County, Florida, is dismissed for failure to comply with this Court’s Order dated October 20, 2022, and with the Florida Rules of Appellate Procedure.
|
|
| Docket Date |
2022-11-16
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2022-10-20
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
AA to file intitial brief w/in 10 days (OR21A) ~ Pursuant to the time schedule provided in the Florida Rules of Appellate Procedure, the time for filing the initial brief has expired. This cause will be subject to dismissal unless the document referred to is filed within ten (10) days from the date of this Order, or within said time the Court is otherwise notified that this matter is being diligently prosecuted.
|
|
| Docket Date |
2022-09-23
|
| Type |
Record
|
| Subtype |
Record on Appeal Confidential
|
| Description |
Confidential Records
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2022-07-26
|
| 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 |
2022-07-26
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
CAVALRY SPV I, LLC
|
|
| Docket Date |
2022-07-26
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Certificate of Indigency
|
| On Behalf Of |
CAVALRY SPV I, LLC
|
|
|
|
COREY WHETSTONE VS CAVALRY SPV I LLC
|
4D2022-1775
|
2022-07-01
|
Closed
|
|
| Classification |
NOA Final - County Small Claims - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
COCE21053318
|
Parties
| Name |
Corey Whetstone
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CAVALRY SPV I, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Deryl G. Hunt
|
|
| Name |
Hon. Jackie Powell
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-08-04
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ ORDERED sua sponte that the above-styled appeal is dismissed for non-payment of the $300.00 filing fee.
|
|
| Docket Date |
2022-08-04
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2022-07-21
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-07-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-07-01
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Misc. LT pleadings ~ *Civil Cover Sheet
|
|
| Docket Date |
2022-07-01
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Corey Whetstone
|
|
| Docket Date |
2022-07-01
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se civil appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, 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 the entry 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.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the clerk of the lower tribunal within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The clerk of the lower tribunal shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
|
|
|
|
MERLINE JEAN VS CAVALRY SPV I, LLC a/a/o SYNCHRONY BANK
|
4D2022-1537
|
2022-06-06
|
Closed
|
|
| Classification |
NOA Final - County Small Claims - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Fifteenth Judicial Circuit, Palm Beach County
502018SC015211
|
Parties
| Name |
Merline Jean
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CAVALRY SPV I, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jorge Luis Palma
|
|
| Name |
Synchrony Bank
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Debra Moses Stephens
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-10-04
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-Lack of Prosecution ~ ORDERED sua sponte that the above-styled case is dismissed for lack of prosecution.
|
|
| Docket Date |
2022-10-04
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2022-09-15
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief/ROA ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that appellant’s initial brief and the record-on-appeal have not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice.If the initial brief and record-on-appeal are filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2022-08-30
|
| Type |
Order
|
| Subtype |
Show Cause re Compliance with Prior Order
|
| Description |
Order to Show Cause-Appeal Dismissal ~ ORDERED that appellant is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed or other sanctions imposed for failure to comply with this court’s August 19, 2022 order.
|
|
| Docket Date |
2022-08-19
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Notice of Non-Transmittal of Record filed by the clerk of the lower tribunal on August 11, 2022, it is ORDERED that appellant shall file a report, within five (5) days from the date of this order, as to the status of the payment for the record on appeal.
|
|
| Docket Date |
2022-08-11
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF NON-TRANSMITTAL OF RECORD DUE TO NON-PAYMENT
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2022-06-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-06-06
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
| Docket Date |
2022-06-06
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Merline Jean
|
|
|
|
GAYNEL CARTY VS CAVALRY SPV I, LLC
|
4D2021-0300
|
2021-01-14
|
Closed
|
|
| Classification |
NOA Final - County Small Claims - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502019AP000111CAXXMB
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502018CC002827XXXXMB
|
Parties
| Name |
Gaynel Carty
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CAVALRY SPV I, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Flynn Lavrar
|
|
| Name |
Hon. Paige Hardy Gillman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-01-15
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Related Case Order - Transfer ~ Upon consideration of the transfer of this case to this court from the circuit court, it is ORDERED that within ten (10) days from the date of this order, the parties shall: (1) ascertain whether there are any cases pending in this court, or any cases which are being transferred to this court from the circuit court, which are related to this case or raise same/similar issue(s); (2) if there are any related cases or cases which raise same/similar issue(s), file with this court a “Notice of Related Cases and/or Same or Similar Issues” which identifies those cases by district court and/or circuit court case number, states how those cases are related or contain same/similar issue(s) to this case, and addresses whether it would be appropriate for this court to consolidate those cases for all purposes or for purposes of assignment to the same panel; and (3) if there are no related cases or cases which raise same/similar issue(s), file a “Notice of Related Cases and/or Same or Similar Issues” which indicates that there are no related cases or cases with the same/similar issue(s).The parties may jointly file a single “Notice of Related Cases and/or Same or Similar Issues” in response to this order.
|
|
| Docket Date |
2021-02-03
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2021-02-03
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-Lack of Prosecution ~ ORDERED sua sponte that the above-styled case is dismissed for lack of prosecution.
|
|
| Docket Date |
2021-01-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-01-14
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2021-01-14
|
| Type |
Notice
|
| Subtype |
Appeal Transfer Cover Sheet
|
| Description |
Appeal Transfer Form
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2021-01-14
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF:Not Required
|
|
|
|
JARED L. DEA VS CAVALRY SPV I, LLC, as Assignee of Citibank, N.A.
|
4D2019-1905
|
2019-06-17
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502017SC008176
|
Parties
| Name |
JARED L. DEA
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CAVALRY SPV I, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
HYAT, HYAT & LANDAU, P.L.
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-01-03
|
| Type |
Disposition
|
| Subtype |
Transferred
|
| Description |
Transferred ~ ORDERED that the above–styled case is transferred to Circuit Court of the Fifteenth Judicial Circuit. Fla. R. App. P. 9.030(c)(1)(A) (“The circuit courts shall review, by appeal . . . final orders of lower tribunals as provided by general law.”); Fla. R. App. P. 9.040(b)(1) (“If a proceeding is commenced in an inappropriate court, that court shall transfer the cause to an appropriate court.“).CIKLIN, CONNER and KUNTZ, JJ., concur.
|
|
| Docket Date |
2019-07-29
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (185 PAGES)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2019-07-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
ORD-Reinstatement ~ ORDERED that the appellant's July 26, 2019 “motion to reinstate dismissed appeal” is granted, and the above-styled appeal is reinstated.
|
|
| Docket Date |
2019-07-26
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement ~ MOTION TO REINSTATE DISMISSED APPEAL
|
| On Behalf Of |
JARED L. DEA
|
|
| Docket Date |
2019-07-10
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2019-07-10
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ ORDERED sua sponte that the above-styled appeal is dismissed for non-payment of the $300.00 filing fee.
|
|
| Docket Date |
2019-06-26
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
JARED L. DEA
|
|
| Docket Date |
2019-06-26
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
JARED L. DEA
|
|
| Docket Date |
2019-06-24
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ Appellant filed the notice of appeal on June 7, 2019, seeking to appeal a November 26, 2018 final judgment rendered in county court; appellant did not attach a conformed copy of the order on appeal. It is therefore ORDERED that appellant shall show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled appeal should not be dismissed as untimely filed, or transferred to the circuit court in its appellate capacity. Fla. R. App. P. 9.030(c)(1)(A) (“The circuit courts shall review, by appeal . . . final orders of lower tribunals as provided by general law.”). Appellant shall also file a conformed copy of the order being appealed along with the response.
|
|
| Docket Date |
2019-06-18
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-06-18
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se civil appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of the entry of this order. 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.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the Clerk of the Circuit Court within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The Clerk of the Circuit Court shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2019-06-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2019-06-17
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
JARED L. DEA
|
|
|
