|
SKENDER HOTI and BEBA HOTI VS U.S. BANK N.A., BARKLEY MASTER ASSOCIATION, INC. and DAID GARTEN
|
4D2020-1812
|
2020-08-14
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502018CA012833XXXMB
|
Parties
| Name |
Beba Hoti
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
SKENDER HOTI, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Arthur Joseph Morburger
|
|
| Name |
BARKLEY MASTER ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
U.S. Bank N.A.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jennifer M. Scott, Richard Slaughter McIver, Deborach P. Fitzgerald, Candice Joy Hart, Debra P. Rochlin
|
|
| Name |
Daid Garten
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Lisa S. Small
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-12-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ IN OPPOSITION TO MOTION TO REINSTATE APPEAL
|
| On Behalf Of |
U.S. Bank N.A.
|
|
| Docket Date |
2020-12-14
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2020-11-13
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2020-11-13
|
| 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 |
2020-12-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
Deny Motion to Reinstate ~ Upon consideration of appellees' December 18, 2020 response, it is ORDERED that appellants' December 14, 2020 motion for reinstatement is denied.
|
|
| Docket Date |
2020-08-19
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2020-08-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
U.S. Bank N.A.
|
|
| Docket Date |
2020-08-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-08-14
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2020-08-14
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-10-28
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellants in the above-styled case are 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 appellants’ initial brief has 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 is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2020-08-17
|
| 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.
|
|
|
|
SKENDER HOTI and BEBA HOTI VS BARKLEY MASTER ASSOCIATION, INC.
|
4D2019-2516
|
2019-08-08
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502015CA006058
|
Parties
| Name |
SKENDER HOTI, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Arthur Joseph Morburger
|
|
| Name |
Beba Hoti
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
BARKLEY MASTER ASSOCIATION, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Deborach P. Fitzgerald, Scott A. Stoloff, Jacob Bair
|
|
| Name |
Hon. Cymonie Rowe
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-08-19
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2019-08-19
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Prohib. ~ ORDERED that the August 8, 2019 petition for writ of prohibition is denied.WARNER, MAY and KUNTZ, JJ., concur.
|
|
| Docket Date |
2019-08-14
|
| Type |
Order
|
| Subtype |
Order on Request for Emergency Treatment
|
| Description |
Denying Request for Emergency Treatment ~ ORDERED that the petitioners' August 13, 2019 “motion for emergency treatment of petition” is denied. The court will handle the filing in the normal course of business. No motion for rehearing as to this order will be entertained.
|
|
| Docket Date |
2019-08-13
|
| Type |
Motions Other
|
| Subtype |
Request for Emergency Treatment
|
| Description |
Request for Emergency Treatment
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2019-08-12
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2019-08-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Prohibition / Acknowledgment letter
|
|
| Docket Date |
2019-08-08
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ **FILING FEE PAID THROUGH PORTAL**
|
|
| Docket Date |
2019-08-08
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
|
| Docket Date |
2019-08-08
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition ~ **FILING FEE PAID THROUGH PORTAL**
|
| On Behalf Of |
Skender Hoti
|
|
|
|
SKENDER HOTI and BEBA HOTI VS BARKLEY MASTER ASSOCIATION, INC.
|
4D2019-1963
|
2019-06-24
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502015CA006058
|
Parties
| Name |
Beba Hoti
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
SKENDER HOTI, LLC
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Arthur Joseph Morburger
|
|
| Name |
BARKLEY MASTER ASSOCIATION, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Scott A. Stoloff, Deborach P. Fitzgerald, Jacob Bair, Jacob A. Brainard
|
|
| Name |
Hon. Cymonie Rowe
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-07-23
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2019-07-23
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order-Original Proceeding Dismissed ~ ORDERED that this case is dismissed for failure to comply with this Court's July 3, 2019 order.WARNER, CONNER and FORST, JJ., concur.
|
|
| Docket Date |
2019-07-03
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that the petition for writ of prohibition and appendix that were filed as a single PDF document on June 24, 2019 are stricken. Within five (5) days of this order, Petitioner shall file a petition and appendix in separate PDF documents that are properly formatted in full compliance with the rules of appellate procedure. See Fla. R. App. P. 9.220(c). Failure to timely comply with this order will result in dismissal of this proceeding.
|
|
| Docket Date |
2019-07-01
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Barkley Master Association, Inc.
|
|
| Docket Date |
2019-06-25
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken as Unauthorized ~ ORDERED that the document filed by Petitioner on June 24, 2019 titled “Petition for Emergency Ruling” is stricken as unauthorized.
|
|
| Docket Date |
2019-06-24
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-06-24
|
| Type |
Petition
|
| Subtype |
Petition Prohibition
|
| Description |
Petition Prohibition ~ **STRICKEN** ***FILING FEE PAID THROUGH PORTAL***
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2019-06-24
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Emergency Motion ~ **STRICKEN** ***FILING FEE PAID THROUGH PORTAL***
|
|
| Docket Date |
2019-06-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Prohibition / Acknowledgment letter
|
|
|
|
SKENDER HOTI and BEBA HOTI VS U.S. BANK, N.A., BARKLEY MASTER ASSOCIATION, INC. and DAID GARTEN
|
4D2019-0837
|
2019-03-25
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502018CA012833
|
Parties
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Beba Hoti
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
SKENDER HOTI, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Arthur Joseph Morburger
|
|
| Name |
BARKLEY MASTER ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Daid Garten
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. HOWARD H. HARRISON
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
U.S. Bank, N.A.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Deborach P. Fitzgerald, LAW OFFICES OF DEBRA P. ROCHLIN, P.A., H. Michael Muniz, Nicholas Roefaro, Richard Slaughter McIver
|
|
Docket Entries
| Docket Date |
2019-11-22
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2019-11-22
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2019-10-31
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2019-10-31
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that the appellee, U.S. Bank National Association, Not In Its Individual Capacity But Solely As Trustee For The RMAC Trust, Series 2016-CTT's July 30, 2019 motion for appellate attorney's fees is granted. On remand, the trial court shall set the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
|
|
| Docket Date |
2019-09-18
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2019-09-06
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellants’ September 5, 2019 motion for extension of time is granted, and appellants may serve the reply brief on or before September 19, 2019. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2019-09-05
|
| 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 |
Skender Hoti
|
|
| Docket Date |
2019-07-30
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
U.S. Bank, N.A.
|
|
| Docket Date |
2019-07-30
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
U.S. Bank, N.A.
|
|
| Docket Date |
2019-07-30
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
U.S. Bank, N.A.
|
|
| Docket Date |
2019-07-03
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2019-06-04
|
| 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 June 3, 2019 motion for extension of time is granted, and appellant shall serve the initial brief on or before July 3, 2019. 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 |
2019-03-29
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
U.S. Bank, N.A.
|
|
| Docket Date |
2019-03-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-05-14
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (231 PAGES)
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2019-03-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2019-03-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2019-06-03
|
| 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 |
Skender Hoti
|
|
| Docket Date |
2019-04-05
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Skender Hoti
|
|
| Docket Date |
2019-03-26
|
| 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.
|
|
|
