Classification |
NOA Non Final - Circuit Civil - Foreclosure
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE-12-011044(11)
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Parties
Name |
COLFIN AI-FL 3, LLC
|
Role |
Appellant
|
Status |
Active
|
Representations |
Paul Alexander Bravo, JONATHAN J. ALFONSO
|
|
Name |
EMANUELLY ROCHA
|
Role |
Appellee
|
Status |
Active
|
|
Name |
BAC HOME LOANS SERVICING L.P.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
MANOEL U. SOUSA
|
Role |
Appellee
|
Status |
Active
|
|
Name |
COUNTRYWIDE HOME LOANS SERV.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
OCCUPANT(S)
|
Role |
Appellee
|
Status |
Active
|
|
Name |
BANK OF AMERICA NATIONAL ASSOC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Paul A. Krasker, David W. Langley, Shapiro Fishman & Gache, L.L.P, EMANUELLY ROCHA, Michelle Montekio
|
|
Name |
CAPE SABLE HOMEOWNERS ASSOC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Joel T. Lazarus
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2015-10-16
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2015-10-16
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2015-09-24
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2015-08-21
|
Type |
Order
|
Subtype |
Order re Stay
|
Description |
Stay is lifted, case to proceed ~ ORDERED that appellant's July 24, 2015 motion to lift stay is granted, and the stay entered on June 9, 2015, is lifted and the above-styled appeal shall proceed.
|
|
Docket Date |
2015-07-24
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ TO LIFT STAY
|
On Behalf Of |
COLFIN AI-FL 3, LLC
|
|
Docket Date |
2015-06-09
|
Type |
Order
|
Subtype |
Order Bankruptcy
|
Description |
ORD-Case Stayed Pending Bankruptcy ~ **STAY LIFTED 8/21/15**A suggestion of bankruptcy having been filed, and it appearing that no cause exists as to why the entire above-styled appeal should not be stayed by virtue of 11 U.S.C. § 362, it is ORDERED that:This appeal is stayed. If the bankruptcy case becomes closed, dismissed, or modified to permit this appeal to proceed, then David W. Langley, Esquire, Attorney for the Debtor, Manoel Ulisses Santos Sousa shall promptly, and in no event later than twenty (20) days after the event has occurred, notify this court in writing that this appeal may proceed.Unless this appeal is voluntarily dismissed, David W. Langley, Esquire, within ninety (90) days from the date of this order, and then every ninety (90) days thereafter, shall notify this court as to the status of the bankruptcy case.
|
|
Docket Date |
2015-06-01
|
Type |
Notice
|
Subtype |
Suggestion of Bankruptcy
|
Description |
Suggestion of Bankruptcy
|
On Behalf Of |
BANK OF AMERICA NATIONAL ASSOC
|
|
Docket Date |
2015-05-20
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Order Denying Extension of Answer Brief ~ ORDERED that appellant's motion filed May 13, 2015 is treated as a motion to proceed without the answer brief and is granted. The above-styled case shall proceed without the answer brief; further, ORDERED that appellee's motion filed May 14, 2015, for extension of time to file the answer brief, is denied.
|
|
Docket Date |
2015-05-14
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extension of time to file Answer Brief ~ (DENIED 5/20/15)
|
On Behalf Of |
BANK OF AMERICA NATIONAL ASSOC
|
|
Docket Date |
2015-05-13
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ (TREATED AS M/TO PROCEED WITHOUT ANSWER BRIEF & GRANTED-SEE 5/20/15 ORDER) FOR ORDER DEEMING ANSWER BRIEF WAIVED *AND* MOTION FOR ORDER TO S/C
|
On Behalf Of |
COLFIN AI-FL 3, LLC
|
|
Docket Date |
2015-01-29
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's motion filed January 15, 2015, and amended verified motion filed January 16, 2015, for extension of time to file the initial brief are hereby granted. Said brief was filed January 20, 2015.
|
|
Docket Date |
2015-01-20
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief ~ TO INITIAL BRIEF
|
On Behalf Of |
COLFIN AI-FL 3, LLC
|
|
Docket Date |
2015-01-20
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
COLFIN AI-FL 3, LLC
|
|
Docket Date |
2015-01-16
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief ~ **SEE AMENDED MOTION**
|
On Behalf Of |
COLFIN AI-FL 3, LLC
|
|
Docket Date |
2015-01-14
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance ~ DESIGNATION OF EMAIL ADDRESS
|
On Behalf Of |
COLFIN AI-FL 3, LLC
|
|
Docket Date |
2014-12-24
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ ORDERED that this court's December 10, 2014 order to show cause is hereby discharged, further,ORDERED that appellant's motion for extension included in the response filed December 19, 2014 is granted and appellant shall serve the initial brief on or before January 15, 2015. 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.
|
|
Docket Date |
2014-12-19
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Order to Show Cause ~ *AND* MOTION FOR EXT. OF TIME (INCLUDED IN WHEREFORE CLAUSE)
|
On Behalf Of |
COLFIN AI-FL 3, LLC
|
|
Docket Date |
2014-12-10
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Initial Brief/Apdx ~ **OTSC DISCHARGED 12/24/14** ORDERED, the appellant in the above-styled case is hereby directed to file with this Court, and show cause in writing, if any there be, on or before December 20, 2014, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's initial brief and appendix have not been filed with this Court as of this date, pursuant to Fla. R. App. P. 9.130(e). Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief and appendix are filed within this time, the order to show cause will be considered automatically discharged without further order.
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|
Docket Date |
2014-11-24
|
Type |
Order
|
Subtype |
Order to Register/Update eDCA
|
Description |
Counsel to register with eDCA ~ Be advised that Paul A. Krasker has 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 |
2014-11-20
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2014-11-20
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, 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 Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
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|
Docket Date |
2014-11-18
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
COLFIN AI-FL 3, LLC
|
|
Docket Date |
2014-11-18
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
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