|
OLD CUTLER LAKES BY THE BAY COMMUNITY ASSOCIATION, INC. VS SRP SUB LLC,
|
3D2019-0528
|
2019-03-20
|
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
13-36649
|
Parties
Docket Entries
| Docket Date |
2019-05-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ AB-60 days to 7/24/19
|
|
| Docket Date |
2020-06-24
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-06-24
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-05-20
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Attorney Fees Granted (OG47) ~ Upon consideration of the appellee’s Motion for Attorneys Fees, it is ordered that said Motion is granted, and the matter is remanded to the trial court to fix the amount. Appellant’s Motion for an Order Allowing Recovery of Attorneys Fees and Costs is hereby denied.
|
|
| Docket Date |
2020-05-20
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Authored Opinion
|
|
| Docket Date |
2020-05-07
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Order Denying ORAL ARGUMENT ~ Upon consideration, the appellant’s Request for Oral Argument is hereby denied.EMAS, C.J., and FERNANDEZ and HENDON, JJ., concur.
|
|
| Docket Date |
2020-04-06
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ REPLY BRIEF OF APPELLANTOLD CUTLER LAKES BY THE BAY COMMUNITY ASSOCIATION, INC.
|
| On Behalf Of |
OLD CUTLER LAKES BY THE BAY COMMUNITY ASSOCIATION, INC.
|
|
| Docket Date |
2020-02-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Extension granted to file reply brief NFE (OG05A) ~ Appellant’s Motion for an Extension of Time to file the reply brief is granted to and including April 6, 2020, with no further extensions allowed.
|
|
| Docket Date |
2020-02-21
|
| 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 |
OLD CUTLER LAKES BY THE BAY COMMUNITY ASSOCIATION, INC.
|
|
| Docket Date |
2020-01-22
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
SRP SUB LLC
|
|
| Docket Date |
2020-01-22
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ ANSWER BRIEF OF SRP SUB, LLC.
|
| On Behalf Of |
SRP SUB LLC
|
|
| Docket Date |
2020-01-22
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ NOTICE OF APPEARANCE AND DESIGNATION OF EMAIL ADDRESS
|
| On Behalf Of |
SRP SUB LLC
|
|
| Docket Date |
2020-01-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-7 days to 1/22/20
|
|
| Docket Date |
2020-01-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time
|
| On Behalf Of |
SRP SUB LLC
|
|
| Docket Date |
2019-12-09
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time ~ APPELLEE'S UNOPPOSED NOTICE OF EXTENSION OF TIME TO FILE ANSWER BRIEF
|
| On Behalf Of |
SRP SUB LLC
|
|
| Docket Date |
2019-12-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-37 days to 1/15/20
|
|
| Docket Date |
2019-10-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ AB-60 days to 12/9/19
|
|
| Docket Date |
2019-10-10
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Notice of Agreed Extension of Time ~ APPELLEE'S UNOPPOSED NOTICE OF EXTENSION OF TIME TO FILE ANSWER BRIEF
|
| On Behalf Of |
SRP SUB LLC
|
|
| Docket Date |
2019-09-25
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
Mot to Supplement Rec w/attachment Granted (OG13) ~ Appellant’s notice of filing the transcript is treated as a motion to supplement the record, and the motion is granted. The record on appeal is supplemented to include the February 13, 2019 transcript which is attached to said motion.
|
|
| Docket Date |
2019-09-09
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLANT'S MOTION FOR ORDER ALLOWINGRECOVERY OF ATTORNEYS FEES AND COSTS
|
| On Behalf Of |
OLD CUTLER LAKES BY THE BAY COMMUNITY ASSOCIATION, INC.
|
|
| Docket Date |
2019-09-09
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion For Oral Argument
|
| On Behalf Of |
OLD CUTLER LAKES BY THE BAY COMMUNITY ASSOCIATION, INC.
|
|
| Docket Date |
2019-09-09
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
OLD CUTLER LAKES BY THE BAY COMMUNITY ASSOCIATION, INC.
|
|
| Docket Date |
2019-09-05
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ NOTICE OF FILING TRANSCRIPT
|
| On Behalf Of |
OLD CUTLER LAKES BY THE BAY COMMUNITY ASSOCIATION, INC.
|
|
| Docket Date |
2019-07-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Ext-gr initial brief no further extensions (OG03B) ~ Appellant’s motion for an extension of time to file the initial brief is granted to and including September 9, 2019, with no further extensions allowed. If said brief is not timely filed in accordance with this order, the appeal will be subject to dismissal.
|
|
| Docket Date |
2019-07-25
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ APPELLANT'S MOTION FOR EXTENSION OF TIME IN WHICH TO SERVE ITS INITIAL BRIEF
|
| On Behalf Of |
OLD CUTLER LAKES BY THE BAY COMMUNITY ASSOCIATION, INC.
|
|
| Docket Date |
2019-05-29
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2019-05-24
|
| 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 |
OLD CUTLER LAKES BY THE BAY COMMUNITY ASSOCIATION, INC.
|
|
| Docket Date |
2019-03-27
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for appellant that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred ($300.00) dollar fee is paid to the Clerk of the Court on or before April 6, 2019.
|
|
| Docket Date |
2019-03-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
OLD CUTLER LAKES BY THE BAY COMMUNITY ASSOCIATION, INC.
|
|
| Docket Date |
2019-03-20
|
| 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 |
2019-03-20
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
CLAIRE CONDE VS CHASE HOME FINANCE, LLC
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4D2017-2495
|
2017-08-07
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
13-009721 CACE 18
|
Parties
| Name |
CLAIRE M CONDE
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CHASE HOME FINANCE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SRP SUB, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Marina Garcia-Wood
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
7777-12-04
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ **RETURNED MAIL FOR APPELLEE** ***RETURNED MAIL FOR AE CHASE 1/10/18***
|
|
| Docket Date |
7777-11-08
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ **RETURNED MAIL FOR APPELLEE**
|
|
| Docket Date |
2018-02-21
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2018-02-21
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissed-Failure to Comply ~ ORDERED sua sponte that the above-styled appeal is dismissed for failure to comply with this court's December 11, 2017 order.
|
|
| Docket Date |
2017-12-28
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORD-Amended Order ~ ORDERED that this court's December 28, 2017 order is amended as follows: ORDERED that appellant's December 26, 2017 motion is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420 in that there is no certificate of service. All certificates of service shall contain the name and physical address of the person served. You are notified of the requirement to serve the appellee with a copy of everything you file with this court and to indicate in the certificate of service that you served the appellee.Appellant may re-file the document with a proper certificate of service which indicates service on the [appellee or Attorney General's Office] within fifteen (15) days from the date of this order.
|
|
| Docket Date |
2017-12-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ **STRICKEN 12/28/17** TO COMPLY WITH ORDER
|
| On Behalf Of |
CLAIRE M CONDE
|
|
| Docket Date |
2017-12-15
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 112 PAGES
|
|
| Docket Date |
2017-12-11
|
| 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 8, 2017 order requiring a conformed copy of the order being appealed to be filed with this court. If the order is filed within this ten (10) day period, this order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2017-11-30
|
| 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 November 16, 2017, 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 |
2017-11-16
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
|
| Docket Date |
2017-10-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
ORD-Reinstatement ~ ORDERED that the appellant's October 20, 2017 motion for reinstatement is granted, and the above-styled appeal is reinstated.
|
|
| Docket Date |
2017-10-20
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
CLAIRE M CONDE
|
|
| Docket Date |
2017-09-25
|
| 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 nonpayment of the $300.00 filing fee.
|
|
| Docket Date |
2017-09-25
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2017-08-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2017-08-08
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se civil appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of the entry of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the Clerk of the Circuit Court within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The Clerk of the Circuit Court shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2017-08-07
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
CLAIRE M CONDE
|
|
| Docket Date |
2017-08-07
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
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FETLAR, LLC, etc., et al., VS KERRY SUAREZ, et al.,
|
3D2017-1315
|
2017-06-09
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
15-13964
|
Parties
| Name |
SRP SUB, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
SWAY 2014-1 BORROWER, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FETLAR, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
PETE L. DEMAHY, TODD R. EHRENREICH, Seth V. Alhadeff, RAVIKA RAMESHWAR
|
|
| Name |
SWAY MANAGEMENT, LLC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
JANET FONSECA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
KERRY SUAREZ
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
LOREEN I. KREIZINGER, JUSTINE S. ANAGNOS, Evelyn M. Merchant, JACK D. LUKS, RICARDO J. FERNANDEZ
|
|
| Name |
HON. RODNEY SMITH
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-10-27
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2017-10-11
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2017-10-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
| Description |
Rehearing denied (OD57) ~ Upon consideration, petitioners' unopposed motion for extension of time to file reply to respondents' motion for clarification and rehearing is granted. Petitioners' reply filed on October 2, 2017 is accepted by the Court.Upon consideration, respondents' motion for clarification and rehearing is hereby denied. SALTER, FERNANDEZ and SCALES, JJ., concur.
|
|
| Docket Date |
2017-10-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Ext-granted to respond to motion (OG01A) ~ Petitioners’ unopposed motion for extension of time to file a response to the petition for certiorari is granted to and including October 9, 21017.
|
|
| Docket Date |
2017-10-03
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
KERRY SUAREZ
|
|
| Docket Date |
2017-10-02
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY
|
| On Behalf Of |
FETLAR, LLC
|
|
| Docket Date |
2017-09-29
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ to file a reply
|
| On Behalf Of |
FETLAR, LLC
|
|
| Docket Date |
2017-09-21
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ and clarification
|
| On Behalf Of |
KERRY SUAREZ
|
|
| Docket Date |
2017-09-06
|
| Type |
Disposition by Opinion
|
| Subtype |
Granted
|
| Description |
Granted - Authored Opinion ~ Order quashed.
|
|
| Docket Date |
2017-07-31
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ to the response to the petition
|
| On Behalf Of |
FETLAR, LLC
|
|
| Docket Date |
2017-07-31
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ supplemental appendix to the petition
|
| On Behalf Of |
FETLAR, LLC
|
|
| Docket Date |
2017-07-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to pet. for writ of cert.
|
| On Behalf Of |
KERRY SUAREZ
|
|
| Docket Date |
2017-06-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Extension granted to respond to petition (OG01) ~ Respondents¿ motion for an extension of time to file a response to the petition for writ of certiorari is granted to and including July 25, 2017.
|
|
| Docket Date |
2017-06-23
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
KERRY SUAREZ
|
|
| Docket Date |
2017-06-14
|
| Type |
Order
|
| Subtype |
Order to Respond to Petition
|
| Description |
Order Resp. on all Petitions except Prohibi(OR12L) ~ Respondents are ordered to file a response within twenty (20) days of the date of this order to the petition for writ of certiorari. Further, a reply may be filed five (5) days thereafter.
|
|
| Docket Date |
2017-06-09
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
FETLAR, LLC
|
|
| Docket Date |
2017-06-09
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
FETLAR, LLC
|
|
| Docket Date |
2017-06-09
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. ** The $300 filing fee for a petition is due.
|
|
| Docket Date |
2017-06-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
SRP SUB, LLC, Third Party Purchaser VS BANK OF AMERICA, N.A., JOSE MERCADO, et al.
|
4D2013-4816
|
2013-12-31
|
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
2009CA04293XXXX
|
Parties
| Name |
SRP SUB, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Jerome L. Tepps
|
|
| Name |
JOHN DOE A/K/A ELLI MANSELLS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JANE DOE A/K/A ARGENTINA MATTUS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Bank of America, N.A.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
James Randolph Liebler, Brian K. Korte, Tricia Julie Duthiers, Joshua R. Levine, HEATHER CRAIG, Scott J. Wortman
|
|
| Name |
JOSE MERCADO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. ELI BREGER
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
Clerk - Palm Beach
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2015-02-20
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| Type |
Misc. Events
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| Subtype |
West Publishing
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| Description |
West Publishing
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| Docket Date |
2015-02-20
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| Type |
Mandate
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| Subtype |
Mandate
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| Description |
Mandate
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| Docket Date |
2015-01-29
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| Type |
Disposition by Opinion
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| Subtype |
Affirmed
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| Description |
Affirmed - Per Curiam Affirmed
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| Docket Date |
2014-09-29
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| Type |
Brief
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| Subtype |
Reply Brief
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| Description |
Appellant's Reply Brief
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| On Behalf Of |
SRP SUB, LLC
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|
| Docket Date |
2014-09-08
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| Type |
Record
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| Subtype |
Appendix
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| Description |
Appendix to Brief ~ TO ANSWER BRIEF
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| On Behalf Of |
Bank of America, N.A.
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|
| Docket Date |
2014-09-08
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| Type |
Brief
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| Subtype |
Answer Brief
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| Description |
Appellee's Answer Brief ~ (BANK OF AMERICA, N.A.)
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| On Behalf Of |
Bank of America, N.A.
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|
| Docket Date |
2014-08-27
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
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| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee, Bank of America, N.A.'s amended motion filed August 21, 2014, for extension of time, is granted and appellee shall serve the answer brief within fourteen (14) days from the date of the entry of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
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| Docket Date |
2014-08-21
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Answer Brief
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| Description |
Mot. for Extension of time to file Answer Brief ~ *AMENDED* (GRANTED 8/27/14)
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| On Behalf Of |
Bank of America, N.A.
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|
| Docket Date |
2014-08-14
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Answer Brief
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| Description |
Mot. for Extension of time to file Answer Brief ~ **SEE AMENDED MOTION**
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| On Behalf Of |
Bank of America, N.A.
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|
| Docket Date |
2014-07-25
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
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| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee, Bank of America, N.A.'s motion filed July 16, 2014, for extension of time is granted, and appellee shall serve the answer brief within twenty (20) days from the date of the entry of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
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|
| Docket Date |
2014-07-16
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Answer Brief
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| Description |
Mot. for Extension of time to file Answer Brief ~ (GRANTED 7/25/14)
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| On Behalf Of |
Bank of America, N.A.
|
|
| Docket Date |
2014-06-16
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
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| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee, Bank of America, N.A.'s motion filed June 6, 2014, for extension of time is granted, and appellee shall serve the answer brief within thirty (30) days from the date of the entry of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
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| Docket Date |
2014-06-06
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Answer Brief
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| Description |
Mot. for Extension of time to file Answer Brief
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| On Behalf Of |
Bank of America, N.A.
|
|
| Docket Date |
2014-05-09
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| Type |
Notice
|
| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance ~ AND J. RANDOLPH LIEBLER
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| On Behalf Of |
Bank of America, N.A.
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|
| Docket Date |
2014-05-06
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| Type |
Order
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| Subtype |
Order to Register/Update eDCA
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| Description |
Counsel to register with eDCA ~ Be advised that Ariel Acevedo and Diana Chavez have failed to comply with this Court¿s Administrative Order No. 2013-01, requiring counsel of record to register with the Fourth District Court of Appeal¿s electronic filing system to receive electronic copies of court communications, including but not limited to orders.You are further advised that to receive all communications from this Court in electronic form you must register at www.4dca.org or https://edca.4dca.org.Unless you obtain a hardship waiver of the registration requirement the Clerk of the Court shall cease mailing paper copies of all communications from the Court to you after ten (10) days from the date of this order.Paper copies can be obtained by completing a Copy Request Form located at www.4dca.org.AMERICANS WITH DISABILITIES ACT: If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, the provision of certain assistance. Please contact the Marshal, Daniel DiGiacomo, 4th District Court of Appeal, 1525 Palm Beach Lakes Blvd., West Palm Beach, Florida 33401, telephone (561)242-2000; 1-800-955-8771(TDD): or 1-800-955-8770(V) via Florida Relay Service, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
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| Docket Date |
2014-05-05
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| Type |
Order
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| Subtype |
Order Requiring Corporation/Entity to Obtain Counsel
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| Description |
ORD-Corporation must be Represented by Atty-w/d ~ The motion of Victor Kline, Esq., and John H. Pelzer, Esq., for leave to withdraw as counsel for appellee, Bank of America, N.A., is hereby granted. A corporation may not appear unrepresented by counsel in a Florida court. See Telepower Communication, Inc. v. LTI Vehicle Leasing Corp., 658 So. 2d 1026 (Fla. 4th DCA 1995); Szteinbaum v. Kaes Inversiones y Valores, C.A., 476 So. 2d 247 (Fla. 3d DCA 1985). Accordingly, it is ORDERED that appellee, Bank of America, N.A., shall be barred from any participation in this case unless within 20 days of the date of this order an attorney licensed to practice law enters an appearance on its behalf;FURTHER ORDERED that this case is stayed pending the above.
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| Docket Date |
2014-04-24
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| Type |
Motions Relating to Parties and Counsel
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| Subtype |
Motion To Withdraw as Counsel
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| Description |
Motion To Withdraw as Counsel
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| On Behalf Of |
Bank of America, N.A.
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| Docket Date |
2014-04-17
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
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| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee, Bank of America, N.A.'s motion filed April 10, 2014, for extension of time is granted, and appellee shall serve the answer brief on or before June 6, 2014. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
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| Docket Date |
2014-04-10
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Answer Brief
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| Description |
Mot. for Extension of time to file Answer Brief
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| On Behalf Of |
Bank of America, N.A.
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|
| Docket Date |
2014-04-07
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| Type |
Record
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| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ TO INITIAL BRIEF
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| On Behalf Of |
SRP SUB, LLC
|
|
| Docket Date |
2014-04-07
|
| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Brief on Merits
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| On Behalf Of |
SRP SUB, LLC
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|
| Docket Date |
2014-04-01
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's motion filed March 26, 2014, for extension of time is granted, and appellant shall serve the initial brief on or before April 7, 2014. In addition, if the initial brief is not served within the time provided for in this order the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
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| Docket Date |
2014-03-26
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Initial Brief
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| Description |
Mot. for Extension of time to file Initial Brief
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| On Behalf Of |
SRP SUB, LLC
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|
| Docket Date |
2014-03-12
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| Type |
Notice
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| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
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| On Behalf Of |
Bank of America, N.A.
|
|
| Docket Date |
2014-03-11
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| Type |
Order
|
| Subtype |
Order Reclassifying Case
|
| Description |
ORD-Final Appeal Treated as Non-Final ~ ORDERED, on the court's own motion, that the court hereby determines that this appeal seeks review of a non-final order, rather than a final order. Appellant shall serve an initial brief and an accompanying appendix within fifteen (15) days of this order. See Florida Rule of Appellate Procedure 9.130(e) and 9.220. The clerk of the lower tribunal shall not transmit a record on appeal unless ordered by this court; further, ORDERED that appellee's (Bank of America) motion filed February 13, 2014, to treat case as non-final appeal is hereby denied as moot.
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| Docket Date |
2014-02-25
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| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
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| On Behalf Of |
Bank of America, N.A.
|
|
| Docket Date |
2014-02-13
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| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ TO TREAT CASE AS NON-FINAL APPEAL (DENIED AS MOOT 3/11/14)
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| On Behalf Of |
Bank of America, N.A.
|
|
| Docket Date |
2014-01-15
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| Type |
Order
|
| Subtype |
Order on Filing Fee
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| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this Court within ten (10) days from the date of the entry of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the notice of appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4DCA 1997). Failure of the attorney to pay will result in referral to the Florida Department of Banking and Finance for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
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| Docket Date |
2014-01-06
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| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
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|
| Docket Date |
2013-12-31
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
SRP SUB, LLC
|
|
| Docket Date |
2013-12-31
|
| Type |
Misc. Events
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| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
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