| Docket Date |
2014-08-14
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2014-08-14
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Grant Voluntary Dismissal (Joint) ~ Pursuant to the joint stipulation for dismissal filed August 8, 2014, this appeal is dismissed.
|
|
| Docket Date |
2014-08-08
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Motion For Stipulation of Dismissal
|
| On Behalf Of |
BRANCH BANKING AND TRUST CO.
|
|
| Docket Date |
2014-08-08
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellants' motion filed July 24, 2014, for extension of time is granted, and appellants shall serve the initial brief on or before August 13, 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.
|
|
| Docket Date |
2014-07-24
|
| 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 |
MICHAEL J. PELLEGRINO
|
|
| Docket Date |
2014-07-14
|
| Type |
Order
|
| Subtype |
Show Cause re Compliance with Prior Order
|
| Description |
Order to Show Cause-Appeal Dismissal ~ Upon consideration of appellee, J Benisti Holdings, LLC's motion to dismiss appeal filed June 10, 2014, it is ORDERED that appellants are directed to show cause, within ten (10) days from the date of this order, why this case should not be dismissed because of their failure to follow this Court's May 14, 2014 order.
|
|
| Docket Date |
2014-06-10
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ (SEE 7/14/14 ORDER)
|
| On Behalf Of |
BRANCH BANKING AND TRUST CO.
|
|
| Docket Date |
2014-06-09
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ THREE (3) VOLUMES
|
|
| Docket Date |
2014-05-27
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF INABILITY TO TRANSMIT ROA
|
|
| Docket Date |
2014-05-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Initial Brief to be Filed in Court ~ ORDERED that upon consideration of appellee, J Benisti Holdings, LLC's response filed April 30, 2014, this court's April 11, 2014, order to show cause is hereby discharged; further,ORDERED that appellants shall file the initial brief within ten (10) days from expiration of the abatement period. In addition, if the initial brief is not filed within the time provided for in this order the above-styled case may be dismissed or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2014-05-07
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-Withdraw as Counsel ~ The amended motion of Dave K. Roy, Esq., and the Law Firm of Roy & Associates, P.A., counsel for appellants, Michael J. Pellegrino and Elizabeth M. Pellegrino to withdraw as counsel is hereby granted. Accordingly, it isORDERED that (1) this appeal is hereby stayed for twenty (20) days so that new counsel, if desired, may be obtained;(2) this stay will be automatically lifted if substitute counsel files a notice of appearance prior to the end of the 20 day abatement period;(3) if no counsel has filed a notice of appearance within 20 days, all pleadings shall be sent to appellants, Michael J. Pellegrino and Elizabeth M. Pellegrino at the address appearing below; (4) if substitute counsel does not appear appellants, Michael J. Pellegrino and Elizabeth M. Pellegrino, are advised that the case will move forward after the abatement period and compliance with the Florida Rules of Appellate Procedure and the rules of this court is required. Failure to comply with the rules may result in dismissal or other sanctions.
|
|
| Docket Date |
2014-04-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
BRANCH BANKING AND TRUST CO.
|
|
| Docket Date |
2014-04-29
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel ~ AMENDED
|
| On Behalf Of |
MICHAEL J. PELLEGRINO
|
|
| Docket Date |
2014-04-28
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
Order Denying Withdraw as Counsel ~ ORDERED that the motion of Dave K. Roy, Esq., to withdraw as counsel filed April 17, 2014, is hereby denied without prejudice for failure to comply with Florida Rule of Appellate Procedure 9.440(b).
|
|
| Docket Date |
2014-04-17
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
MICHAEL J. PELLEGRINO
|
|
| Docket Date |
2014-04-11
|
| Type |
Order
|
| Subtype |
Show Cause re Bankruptcy
|
| Description |
Order on Suggestion of Bankruptcy ~ **DISCHARGED 5/14/14** A suggestion of bankruptcy having been filed, it is ORDERED that all parties, within twenty (20) days of the date of this order, shall show cause, if any, why the entire above-styled appeal should not be stayed by virtue of 11 U.S.C. section 362. If a party believes that no such cause exists, that party need not file a response.
|
|
| Docket Date |
2014-04-07
|
| Type |
Notice
|
| Subtype |
Suggestion of Bankruptcy
|
| Description |
Suggestion of Bankruptcy ~ AA Dave K. Roy 0092551
|
|
| Docket Date |
2014-03-31
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Initial Brief to be Filed in Court ~ ORDERED that appellee's (J Benisti Holdings, LLC) motion filed March 4, 2014, to compel service and filing of appellants' initial brief is hereby granted, and appellants shall serve and file the initial brief within twenty (20) days from the date of this order. In addition, if the initial brief is not served and filed within the time provided for in this order the above-styled case may be dismissed.
|
|
| Docket Date |
2014-03-04
|
| Type |
Motions Other
|
| Subtype |
Motion To Compel
|
| Description |
Motion To Compel ~ AND FILING OF INITIAL BRIEF (GRANTED 3/31/14)
|
| On Behalf Of |
BRANCH BANKING AND TRUST CO.
|
|
| Docket Date |
2014-02-18
|
| Type |
Order
|
| Subtype |
Order to Register/Update eDCA
|
| Description |
Counsel to register with eDCA ~ Be advised that Carol A. Strauss, Dessa Willson and Joe M. Grant 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.
|
|
| Docket Date |
2014-02-13
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-Discharging Show Cause ~ ORDERED that upon consideration of appellee's (J Benisti Holdings, LLC) response filed January 24, 2014, this court's January 7, 2014, order to show cause is hereby discharged and the above-styled appeal can proceed.
|
|
| Docket Date |
2014-01-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause ~ (J. BENISTI HOLDINGS, LLC)
|
| On Behalf Of |
BRANCH BANKING AND TRUST CO.
|
|
| Docket Date |
2014-01-24
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ AND JAY A. YAGODA
|
| On Behalf Of |
BRANCH BANKING AND TRUST CO.
|
|
| Docket Date |
2014-01-07
|
| Type |
Order
|
| Subtype |
Show Cause re Bankruptcy
|
| Description |
Order on Suggestion of Bankruptcy ~ **DISCHARGED 2/13/14** A suggestion of bankruptcy having been filed, it is ORDERED that all parties, within twenty (20) days of the date of this order, shall show cause, if any, why the entire above-styled appeal should not be stayed by virtue of 11 U.S.C. section 362. If a party believes that no such cause exists, that party need not file a response.
|
|
| Docket Date |
2014-01-02
|
| Type |
Notice
|
| Subtype |
Suggestion of Bankruptcy
|
| Description |
Suggestion of Bankruptcy ~ AT Joe M. Grant 0137758
|
|
| Docket Date |
2013-11-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2013-11-06
|
| 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 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.
|
|
| Docket Date |
2013-10-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
MICHAEL J. PELLEGRINO
|
|
| Docket Date |
2013-10-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
