| Docket Date |
2019-07-10
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ "JOINT STIPULATION"
|
| On Behalf Of |
WILMINGTON TRUST, N.A.
|
|
| Docket Date |
2019-06-24
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction ~ "JOINT"
|
| On Behalf Of |
FC NOTES SVC LLC
|
|
| Docket Date |
2019-06-11
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief
|
| On Behalf Of |
WILMINGTON TRUST, N.A.
|
|
| Docket Date |
2019-06-07
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED that the appellant's initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.210 in that it is not fully text searchable. An amended brief in compliance with the rules shall be filed within ten (10) days from the date of this order. The time for any responsive briefing shall be tolled until service of this amended brief.
|
|
| Docket Date |
2019-06-06
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ **STRICKEN**
|
| On Behalf Of |
WILMINGTON TRUST, N.A.
|
|
| Docket Date |
2019-05-24
|
| 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 May 23, 2019 motion for extension of time is granted, and appellant shall serve the initial brief within fourteen (14) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2019-05-23
|
| 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 |
WILMINGTON TRUST, N.A.
|
|
| Docket Date |
2019-04-16
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellant's March 20, 2019 motion to supplement record on appeal is granted, and the record is supplemented to include the appellee's motion to compel compliance with settlement agreement and the transcripts of the evidentiary hearing on the parties' competing motions to compel compliance with settlement agreement held on August 28, 2018 and October 17, 2018. Said supplemental record is deemed filed as of the date of this order.
|
|
| Docket Date |
2019-04-04
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 45 DAYS TO 5/23/19.
|
|
| Docket Date |
2019-04-04
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief
|
| On Behalf Of |
WILMINGTON TRUST, N.A.
|
|
| Docket Date |
2019-03-20
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
WILMINGTON TRUST, N.A.
|
|
| Docket Date |
2019-03-20
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
WILMINGTON TRUST, N.A.
|
|
| Docket Date |
2019-03-11
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (1863 PAGES)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2019-02-25
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ Upon consideration of appellant’s February 8, 2019 jurisdictional brief and appellee’s February 18, 2019 response, it is ORDERED sua sponte that the portion of the “order on the parties’ competing motions to enforce settlement agreement” finding that appellee is determined to attorney’s fees is dismissed. Winkelman v. Toll, 632 So. 2d 130 (Fla. 4th DCA 1994); Ross v. Blank, 958 So. 2d 437, 441 (Fla. 4th DCA 2007). The appeal shall proceed as to the remaining portions of the order.GERBER, C.J., TAYLOR and KUNTZ, JJ., concur.
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|
| Docket Date |
2019-02-18
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
FC NOTES SVC LLC
|
|
| Docket Date |
2019-02-18
|
| Type |
Misc. Events
|
| Subtype |
Cross-Notice Filing Fee Paid through Portal
|
| Description |
CROSS NOTICE FILING FEE PAID THROUGH PORTAL
|
| On Behalf Of |
FC NOTES SVC LLC
|
|
| Docket Date |
2019-02-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
FC NOTES SVC LLC
|
|
| Docket Date |
2019-02-08
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
WILMINGTON TRUST, N.A.
|
|
| Docket Date |
2019-01-30
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that within ten (10) days from the date of this order appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the portion of the “order on the parties’ competing motions to enforce settlement agreement” finding that FC Notes is entitled to attorney’s fees is appealable, as the circuit court determined that FC Notes is entitled to attorney’s fees and costs but did not determine the amount. Winkelman v. Toll, 632 So. 2d 130 (Fla. 4th DCA 1994); Ross v. Blank, 958 So. 2d 437, 441 (Fla. 4th DCA 2007); furtherAppellee may file a response within ten (10) days of service of that statement.
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|
| Docket Date |
2019-01-29
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-01-29
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
WILMINGTON TRUST, N.A.
|
|
| Docket Date |
2019-01-29
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2019-07-11
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the July 10, 2019 joint stipulation for dismissal, the appeal and the cross-appeal are dismissed.
|
|
| Docket Date |
2019-07-11
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2019-07-01
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Order Granting Relinquishment of Jurisdiction ~ ORDERED that the parties' June 24, 2019 "joint motion to relinquish jurisdiction for purposes of settlement procedures" is granted. Jurisdiction is relinquished to the trial court for thirty (30) days for the parties to carry out the necessary settlement procedures in the trial court and for the trial court to enter relevant orders consistent with the parties' settlement agreement. The appellant/cross-appellee shall forward to this court a copy of any order issued during relinquishment. It is further ordered that the appellant/cross-appellee shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellant/cross-appellee to request an extension of time by proper motion to this court. Upon expiration of relinquishment, the stay shall be lifted and the above-styled appeal shall proceed, unless a notice of voluntary dismissal has been filed.
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|
| Docket Date |
2019-01-31
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay filing Fee - Cross-Appeal - 10 days ~ A Notice of Cross-Appeal was filed in the lower tribunal on January 29, 2019. The $295.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Cross-Appeal as required by section 35.22(2)(b), Florida Statutes (2016) and Florida Rule of Appellate Procedure 9.110(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE CROSS-APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellee/cross-appellant shall pay the $295.00 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 the cross-appeal 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 cross-appeal has a duty to tender the filing fee to the appellate court when the cross-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.
|
|
| Docket Date |
2019-01-30
|
| Type |
Notice
|
| Subtype |
Notice of Cross Appeal
|
| Description |
Notice of Cross Appeal ~ **FEE PAID THROUGH PORTAL**
|
| On Behalf Of |
FC NOTES SVC LLC
|
|
| Docket Date |
2019-01-29
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
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