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CLAUDIA HERRERA, as co-personal rep of the estate of Jesus Sebastian Frias Herrera VS SANTA CRUZ HOMEOWNERS ASSOCIATION, INC., et al.
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4D2018-0050
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2018-01-04
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Closed
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| Classification |
NOA Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502015CA004369XXXMB
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Parties
| Name |
CLAUDIA HERRERA, as co-personal rep of the estate of Jesus Sebastian Frias Herrera
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| Role |
Appellant
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| Status |
Active
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| Representations |
Kenneth Donald Cooper
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|
| Name |
RCH LAWN MAINTENANCE LLC
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| Role |
Appellee
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| Status |
Withdrawn
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|
| Name |
CENTURY MANAGEMENT CONSULTANTS, INC.
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| Role |
Appellee
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| Status |
Active
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|
| Name |
SANTA CRUZ HOMEOWNERS ASSOCIATION, INC.
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| Role |
Appellee
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| Status |
Active
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| Representations |
ROBSON POWERS, Manuel A. Fernandez, JUAN GAINZA, JAMES W. KEHOE, KAREN M. SHIMONSKY, George L. Fernandez, Thomas A. Valdez, CONRAD WILLKOMM, Gregg J. Weiser
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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 |
2018-03-23
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the March 22, 2018 motion for voluntary dismissal, this case is dismissed.
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| Docket Date |
2018-03-23
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| Type |
Disposition
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| Subtype |
Dismissed
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| Description |
Dismissed - Order by Clerk
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| Docket Date |
2018-03-22
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| Type |
Motions Other
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| Subtype |
Motion/Notice Voluntary Dismissal
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| Description |
Notice of Voluntary Dismissal
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| On Behalf Of |
CLAUDIA HERRERA, as co-personal rep of the estate of Jesus Sebastian Frias Herrera
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| Docket Date |
2018-03-19
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| Type |
Order
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| Subtype |
Show Cause
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| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before March 29, 2018, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's 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.
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| Docket Date |
2018-02-27
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| Type |
Order
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| Subtype |
Order
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| Description |
Miscellaneous Order ~ ORDERED that the parties' February 23, 2018 joint stipulation of settlement is granted and this case is dismissed as to appellee RCH Lawn Maintenance Co., LLC only.
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| Docket Date |
2018-02-23
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| Type |
Motions Other
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| Subtype |
Motion/Notice Voluntary Dismissal
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| Description |
Motion For Stipulation of Dismissal ~ LAWN MAINTENANCE CO., LLC. ONLY
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| On Behalf Of |
CLAUDIA HERRERA, as co-personal rep of the estate of Jesus Sebastian Frias Herrera
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| Docket Date |
2018-01-24
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
SANTA CRUZ HOMEOWNERS ASSOCIATION, INC.
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| Docket Date |
2018-01-05
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| Docket Date |
2018-01-05
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| Type |
Order
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| 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 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. 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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| Docket Date |
2018-01-04
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
A3:Paid In Full - $300
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| Docket Date |
2018-01-04
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
CLAUDIA HERRERA, as co-personal rep of the estate of Jesus Sebastian Frias Herrera
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CLAUDIA HERRERA VS JESUS FRIAS, ET AL.
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SC2017-0910
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2017-05-12
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Closed
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| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
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| Court |
Supreme Court of Florida
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| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502015CA004369XXXXMB
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
4D16-4044
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Parties
| Name |
Claudia Herrera
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| Role |
Petitioner
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| Status |
Active
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| Representations |
Kenneth D. Cooper
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|
| Name |
Jesus Frias
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| Role |
Respondent
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| Status |
Active
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| Representations |
Robson David Charles Powers, W. Conrad Willkomn
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|
| Name |
SANTA CRUZ HOMEOWNERS ASSOCIATION, INC.
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| Role |
Respondent
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| Status |
Active
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| Representations |
Gregg J. Weiser
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|
| Name |
RCH LAWN MAINTENANCE LLC
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| Role |
Respondent
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| Status |
Active
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| Representations |
George L. Fernandez, Manuel Alberto Fernandez
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|
| Name |
CENTURY MANAGEMENT CONSULTANTS, INC.
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| Role |
Respondent
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| Status |
Active
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|
| Name |
HON. RICHARD LEE OFTEDAL, JUDGE
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
Sharon Repak Bock
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2017-05-17
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| Type |
Disposition
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| Subtype |
Rev/Appeal Dism No Juris Omnibus
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| Description |
DISP-REV/APPEAL DISM NO JURIS OMNIBUS ~ This case is hereby dismissed. This Court lacks jurisdiction to review an unelaborated decision from a district court of appeal that is issued without opinion or explanation or that merely cites to an authority that is not a case pending review in, or reversed or quashed by, this Court. See Wells v. State, 132 So. 3d 1110 (Fla. 2014); Jackson v. State, 926 So. 2d 1262 (Fla. 2006); Gandy v. State, 846 So. 2d 1141 (Fla. 2003); Stallworth v. Moore, 827 So. 2d 974 (Fla. 2002); Harrison v. Hyster Co., 515 So. 2d 1279 (Fla. 1987); Dodi Publ'g Co. v. Editorial Am. S.A., 385 So. 2d 1369 (Fla. 1980); Jenkins v. State, 385 So. 2d 1356 (Fla. 1980). No motion for rehearing or reinstatement will be entertained by the Court.
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| Docket Date |
2017-05-12
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| Type |
Notice
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| Subtype |
Invoke Discretionary Jurisdiction
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| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
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| On Behalf Of |
Claudia Herrera
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| View |
View File
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| Docket Date |
2017-05-12
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
DM:Case Dismissed
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SHIRLEY POWELL VS WILMINGTON SAVINGS FUND SOCIETY, etc. et al.
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4D2016-1077
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2016-03-31
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Closed
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| Classification |
NOA Final - Circuit Civil - Foreclosure
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502012CA021703XXXXMB
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Parties
| Name |
SHIRLEY POWELL
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| Role |
Appellant
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| Status |
Active
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| Representations |
R. EDWARD CAMPBELL, Cindy E. D'Agostino
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| Name |
FORECLOSURE, INC.
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| Role |
Appellant
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| Status |
Active
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|
| Name |
WILMINGTON SAVINGS FUND SOCIET
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| Role |
Appellee
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| Status |
Active
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| Representations |
Ronald Alter, Raymond G. Hora, Robinson Keith Ustler, Scott B. Chapman
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|
| Name |
UNKNOWN SPOUSE OF SHIRLEY POWELL
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| Role |
Appellee
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| Status |
Active
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| Name |
UNKNOWN TENANT #2
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| Role |
Appellee
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| Status |
Active
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| Name |
SIMMONS FIRST NATIONAL BANK
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| Role |
Appellee
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| Status |
Active
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| Name |
EDMUND KUELL
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| Role |
Appellee
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| Status |
Active
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| Name |
UNKNOWN SPOUSE OF BARBARA J. POWELL
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| Role |
Appellee
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| Status |
Active
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|
| Name |
CHRISTIANA TRUST COMPANY
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| Role |
Appellee
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| Status |
Active
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|
| Name |
BARBARA J. POWELL
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| Role |
Appellee
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| Status |
Active
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|
| Name |
SANTA CRUZ HOMEOWNERS ASSOCIATION, INC.
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| Role |
Appellee
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| Status |
Active
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| Name |
PRETIUM MORTGAGE ACQUISTION
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| Role |
Appellee
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| Status |
Active
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|
| Name |
Hon. Jeffrey Dana Gillen
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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 |
2016-11-02
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| Type |
Disposition
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| Subtype |
Dismissed
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| Description |
Dismissed - Order by Clerk
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| Docket Date |
2016-11-02
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the October 31, 2016 notice of voluntary dismissal, this case is dismissed.
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| Docket Date |
2016-10-31
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| Type |
Motions Other
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| Subtype |
Motion/Notice Voluntary Dismissal
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| Description |
Notice of Voluntary Dismissal
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| On Behalf Of |
SHIRLEY POWELL
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| Docket Date |
2016-10-19
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellant's October 10, 2016 unopposed motion for extension of time is granted, and appellant shall serve the initial brief within ten (10) 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 will be subject to dismissal or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant.
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| Docket Date |
2016-10-10
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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 |
SHIRLEY POWELL
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| Docket Date |
2016-09-19
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
WILMINGTON SAVINGS FUND SOCIET
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| Docket Date |
2016-09-09
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| Type |
Order
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| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
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| Description |
ORD-Grant Supplemental ROA & EOT for Brief ~ ORDERED that appellant's September 7, 2016 motion to supplement the record, toll the time and for extension of time is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within twenty (20) days from the date of this order. Appellant shall monitor the supplementation process. Further,ORDERED that appellant shall serve the initial brief within thirty (30) days from receipt of the supplemental record.
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| Docket Date |
2016-09-09
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| Type |
Record
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| Subtype |
Transcript
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| Description |
Transcript Received
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| Docket Date |
2016-09-07
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| Type |
Motions Relating to Records
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| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
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| Description |
Motion Supplemental Record & Eot For Brief
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| On Behalf Of |
SHIRLEY POWELL
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| Docket Date |
2016-08-11
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time - Initial Brief
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| Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 9/12/16
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| On Behalf Of |
SHIRLEY POWELL
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| Docket Date |
2016-06-13
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| Type |
Order
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| 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 June 2, 2016 motion for extension of time is granted, and appellant shall serve the initial brief within sixty (60) 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.
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| Docket Date |
2016-06-02
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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 |
SHIRLEY POWELL
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| Docket Date |
2016-05-18
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Received Records ~ 538 PAGES
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| Docket Date |
2016-03-31
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
SHIRLEY POWELL
|
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| Docket Date |
2016-03-31
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| 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.
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| Docket Date |
2016-03-31
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-03-31
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
A3:Paid In Full - $300
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