|
PETER LOUIS NAVARRO a/k/a PIERO L. NAVARRO VS MTGLQ INVESTORS, L.P., et al.
|
4D2019-2402
|
2019-07-29
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502018CA001056XXXMB
|
Parties
| Name |
PETER LOUIS NAVARRO
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
UNKNOWN SPOUSE OF PETER NAVARRO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PLASENCIA & ASSOCIATES
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
AMERICAN EXPRESS BANK, FSB
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
UNITED STATES OF AMERICA ON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DAVID DINH
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LAGUNA MASTER ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
UNKNOWN TENANT 2
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
SPOT INVESTMENTS LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
UNKNOWN TENANT 1
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
THE LAW OFFICES OF ROBERT M.W. SHALHOUB, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
AARON GREENSPAN
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CHRISTINA A. NAVARRO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
UNKNOWN SPOUSE OF CHRISTNA A. NAVARRO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FIDELITY FEDERAL BANK & TRUST
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Gerard Joseph Curley
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
MTGLQ INVESTORS, L.P.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
DANIEL A. HERSHMAN, Harris Howard, Matthew B. Klein, U.S. Attorney, WAGNER & HUNT, P.A., Allen E. Rossin, Robert M.W. Shalhoub, Evan R. Raymond
|
|
Docket Entries
| Docket Date |
2019-08-26
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2019-08-26
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
PETER LOUIS NAVARRO
|
|
| Docket Date |
2019-08-26
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the August 26, 2019 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2019-08-22
|
| 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 August 15, 2019 motion for extension of time is granted, and appellant shall serve the initial brief and appendix within fifteen (15) days from the date of this order. In addition, if the initial brief and appendix are 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 |
2019-08-15
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ OR NOTICE OF WITHDRAWAL OF NOTICE OF APPEAL
|
| On Behalf Of |
PETER LOUIS NAVARRO
|
|
| Docket Date |
2019-07-30
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-07-29
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
DM:No Fee - Case Dismissed
|
|
| Docket Date |
2019-07-29
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
PETER LOUIS NAVARRO
|
|
| Docket Date |
2019-07-30
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| 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. 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.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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|
|
|
SUZANA POPESCU VS LAGUNA MASTER ASSOCIATION, INC., ET AL.
|
SC2016-0470
|
2016-03-15
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
4D14-2227
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502012CA011449XXXXMB
|
Parties
| Name |
SUZANA POPESCU
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
FAY S. MORRISON
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
ST. MICHAEL PROPERTIES LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
BARRY JAY WARSCH
|
|
| Name |
SUPREME TITLE & ESCROW, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
LAGUNA MASTER ASSOCIATION, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Steven D. Rubin
|
|
| Name |
HON. ELI BREGER, SENIOR JUDGE
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Sharon Repak Bock
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-06-27
|
| Type |
Disposition
|
| Subtype |
Rev DY Lack Juris
|
| Description |
DISP-REV DY LACK JURIS ~ This cause having heretofore been submitted to the Court on jurisdictional briefs and portions of the record deemed necessary to reflect jurisdiction under Article V, Section 3(b), Florida Constitution, and the Court having determined that it should decline to accept jurisdiction, it is ordered that the petition for review is denied.No motion for rehearing will be entertained by the Court. See Fla. R. App. P. 9.330(d)(2).
|
|
| Docket Date |
2016-05-13
|
| Type |
Brief
|
| Subtype |
Juris Answer
|
| Description |
JURIS ANSWER BRIEF ~ RESPONDENT, LAGUNA MASTER ASSOCIATION, INC.'SANSWER BRIEF ON JURISDICTION
|
| On Behalf Of |
LAGUNA MASTER ASSOCIATION, INC.
|
| View |
View File
|
|
| Docket Date |
2016-05-10
|
| Type |
Brief
|
| Subtype |
Juris Answer
|
| Description |
JURIS ANSWER BRIEF ~ RESPONDENT'S ST. MICHAEL PROPERTIES, L.L.C.'S ANSWER BRIEF ON JURISDICTION
|
| On Behalf Of |
ST. MICHAEL PROPERTIES LLC
|
| View |
View File
|
|
| Docket Date |
2016-05-02
|
| Type |
Event
|
| Subtype |
Fee Paid Through Portal
|
| Description |
Fee Paid Through Portal
|
|
| Docket Date |
2016-04-29
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
PAY CASE FILING FEE-300
|
| On Behalf Of |
SUZANA POPESCU
|
| View |
View File
|
|
| Docket Date |
2016-04-28
|
| Type |
Disposition
|
| Subtype |
Reinstatement Grant (Review)
|
| Description |
DISP-REINSTATEMENT GR (REVIEW) ~ Petitioner's Motion for Rehearing and for Reinstatement is hereby granted and it is ordered that the above case is reinstated.Petitioner is allowed to and including May 3, 2016, in which to submit the filing fee. Respondents are allowed to and including May 23, 2016, in which to serve the jurisdictional answer briefs.
|
|
| Docket Date |
2016-04-27
|
| Type |
Motion
|
| Subtype |
Reinstatement
|
| Description |
MOTION-REINSTATEMENT ~ MOTION FOR REHEARING AND FOR REINSTATEMENT
|
| On Behalf Of |
SUZANA POPESCU
|
| View |
View File
|
|
| Docket Date |
2016-04-25
|
| Type |
Disposition
|
| Subtype |
Dism Failure To Comply
|
| Description |
DISP-DISM FAILURE TO COMPLY ~ The petition for review is hereby dismissed on the Court's own motion based on petitioner's failure to timely submit the filing fee in accordance with this Court's order dated March 16, 2016. Any and all pending motions are hereby denied as moot.*REINSTATED 04/28/2016*
|
|
| Docket Date |
2016-04-08
|
| Type |
Order
|
| Subtype |
Extension of Time (Juris Brief)
|
| Description |
ORDER-EXT OF TIME GR (JURIS BRIEF-RESPONDENT) ~ Respondent's St. Michael Properties, LLC's Motion to Extend Time to File Answer Brief on Jurisdiction is granted and respondent is allowed to and including April 29, 2016, in which to serve the jurisdictional answer brief. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO RESPONDENT FOR THE FILING OF THE JURISDICTIONAL ANSWER BRIEF.
|
|
| Docket Date |
2016-04-08
|
| Type |
Motion
|
| Subtype |
Ext of Time (Juris Brief)
|
| Description |
MOTION-EXT OF TIME (JURIS BRIEF) ~ RESPONDENT'S ST. MICHAEL PROPERTIES, LLC'S MOTION TO EXTEND TIMETO FILE ANSWER BRIEF ON JURISDICTION
|
| On Behalf Of |
ST. MICHAEL PROPERTIES LLC
|
| View |
View File
|
|
| Docket Date |
2016-04-07
|
| Type |
Order
|
| Subtype |
Extension of Time (Juris Brief)
|
| Description |
ORDER-EXT OF TIME GR (JURIS BRIEF-RESPONDENT) ~ Respondent's Motion to Extend Time to File Answer Brief on Jurisdiction is granted and respondent is allowed to and including April 29, 2016, in which to serve the jurisdictional answer brief. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO RESPONDENT FOR THE FILING OF THE JURISDICTIONAL ANSWER BRIEF.
|
|
| Docket Date |
2016-04-06
|
| Type |
Motion
|
| Subtype |
Ext of Time (Juris Brief)
|
| Description |
MOTION-EXT OF TIME (JURIS BRIEF)
|
| On Behalf Of |
LAGUNA MASTER ASSOCIATION, INC.
|
| View |
View File
|
|
| Docket Date |
2016-03-23
|
| Type |
Brief
|
| Subtype |
Juris Initial
|
| Description |
JURIS INITIAL BRIEF
|
| On Behalf Of |
SUZANA POPESCU
|
| View |
View File
|
|
| Docket Date |
2016-03-16
|
| Type |
Order
|
| Subtype |
Filing Fee Due
|
| Description |
ORDER-FILING FEE DUE ~ The jurisdiction of this Court was invoked by the filing of a Notice to Invoke Discretionary Jurisdiction in the lower tribunal; however, said notice was not accompanied by the $300.00 filing fee or an order of insolvency from the district court of appeal as required by Florida Rules of Appellate Procedure 9.110(b) and 9.120(b). The filing fee is due and payable at the time of filing the notice. Petitioner is allowed to and including April 15, 2016, in which to submit the filing fee, or an order of insolvency, or a proper motion for leave to proceed in forma pauperis that complies with sections 57.081 and 57.082, Florida Statutes (2013). Failure to submit the filing fee or one of the above referenced documents to this Court could result in the imposition of sanctions, including dismissal of the notice.Please understand that once this case is dismissed, it is not subject to reinstatement.
|
|
| Docket Date |
2016-03-16
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE
|
|
| Docket Date |
2016-03-15
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2016-03-15
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
|
| On Behalf Of |
LAGUNA MASTER ASSOCIATION, INC.
|
| View |
View File
|
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KAREN K. BURRELL VS NAVY FEDERAL CREDIT UNION, et al.
|
4D2015-3569
|
2015-09-23
|
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
502010CA025009XXXXMB
|
Parties
| Name |
KAREN K. BURRELL
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Thomas E. Ice, Amanda Lundergan
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
UNKNOWN TENANT #1
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
THE ABBA SELVIN FAMILY SELVIN LTD
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LAGUNA MASTER ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
NAVY FEDERAL CREDIT UNION
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Elizabeth S. Kim, Shaib Y. Rios
|
|
| Name |
UNKNOWN TENANT #2
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
UNKNOWN SPOUSE OF KAREN K. BURRELL
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
THE ABBA SELVIN FAMILY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Jaimie Goodman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-04-28
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2017-04-28
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2017-04-06
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2017-04-06
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that the appellant's October 31, 2016 motion for appellate attorneys' fees is denied.
|
|
| Docket Date |
2017-01-26
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
| Docket Date |
2016-10-31
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
KAREN K. BURRELL
|
|
| Docket Date |
2016-10-31
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
KAREN K. BURRELL
|
|
| Docket Date |
2016-04-07
|
| 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 |
KAREN K. BURRELL
|
|
| Docket Date |
2015-09-25
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-10-31
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
KAREN K. BURRELL
|
|
| Docket Date |
2016-10-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORD-Reply Brief to be Served ~ ORDERED that appellant's October 4, 2016 motion for extension of time is granted in part, and appellant shall serve the reply brief within ten (10) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it will be subject to being stricken, 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 reply 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.
|
|
| Docket Date |
2016-10-04
|
| 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 |
KAREN K. BURRELL
|
|
| Docket Date |
2016-09-02
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ 30 DAYS TO 10/6/16
|
| On Behalf Of |
KAREN K. BURRELL
|
|
| Docket Date |
2016-08-16
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
NAVY FEDERAL CREDIT UNION
|
|
| Docket Date |
2016-07-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's July 20, 2016 motion for extension of time is granted, and appellee shall serve the answer brief within twenty-five (25) days from the date of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2016-07-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
NAVY FEDERAL CREDIT UNION
|
|
| Docket Date |
2016-06-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's June 23, 2016 motion for extension of time is granted, and appellee shall serve the answer brief within thirty (30) days from the date of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2016-06-23
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
NAVY FEDERAL CREDIT UNION
|
|
| Docket Date |
2016-05-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's May 24, 2016 motion for extension of time is granted, and appellee shall serve the answer brief within thirty (30) days from the date of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2016-05-24
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
NAVY FEDERAL CREDIT UNION
|
|
| Docket Date |
2016-04-29
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
KAREN K. BURRELL
|
|
| Docket Date |
2016-04-27
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ (32 PAGES)
|
|
| Docket Date |
2016-04-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellant's April 7, 2016 motion for extension of time to file the initial brief 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.
|
|
| Docket Date |
2016-02-03
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ SIX (6) VOLUMES (EXCEPTION GRANTED)
|
|
| Docket Date |
2015-12-10
|
| 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 November 30, 2015 motion for extension of time is granted, and appellant shall serve the initial brief within one hundred and twenty (120) 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 |
2015-11-30
|
| 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 |
KAREN K. BURRELL
|
|
| Docket Date |
2015-09-28
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
NAVY FEDERAL CREDIT UNION
|
|
| Docket Date |
2015-09-25
|
| 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. 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.
|
|
| Docket Date |
2015-09-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
KAREN K. BURRELL
|
|
| Docket Date |
2015-09-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
VIRGIL M. BENNETT and LISSETTE C. BENNETT VS DEUTSCHE BANK NATIONAL TRUST, etc., et al.
|
4D2012-2471
|
2012-07-09
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502011CA007145XXXXMB
|
Parties
| Name |
VIRGIL M. BENNETT
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Thomas E. Ice, Amanda Lundergan
|
|
| Name |
LISSETTE C. BENNETT
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FORCLOSURE
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
UNKNOWN TENANTS IN POSSESSION
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LAGUNA MASTER ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DEUTSCHE BANK NATIONAL TRUST
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Heidi J. Bassett, Natalie F. Guerra-Valdes, KIMBERLY N. HOPKINS, MICHAEL A. RODRIGUEZ, Ronald M. Gache, TRAVIS A HARVEY
|
|
| Name |
BANK OF AMERICA CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Laura Johnson
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HON. DIANA LEWIS
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2014-01-07
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records
|
|
| Docket Date |
2013-12-20
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Ready to Close
|
|
| Docket Date |
2013-12-06
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2013-11-19
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2013-11-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that appellants' motion filed October 21, 2013, for rehearing and certification is hereby denied.
|
|
| Docket Date |
2013-11-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR REHEARING.
|
| On Behalf Of |
DEUTSCHE BANK NATIONAL TRUST
|
|
| Docket Date |
2013-11-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellee's (Deutsche Bank National Trust Co.) motion for extension filed October 31, 2013, is granted, and the time for filing a response to appellant's motion for rehearing and/or clarification is hereby extended five (5) days from the date of this order.
|
|
| Docket Date |
2013-10-31
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ TO MOTION FOR REHEARING, ETC.
|
| On Behalf Of |
DEUTSCHE BANK NATIONAL TRUST
|
|
| Docket Date |
2013-10-21
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ *AND* CERTIFICATION (DENIED 11/19/13)
|
| On Behalf Of |
VIRGIL M. BENNETT
|
|
| Docket Date |
2013-10-09
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Opinion
|
|
| Docket Date |
2013-08-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO MOTION FOR REHEARING, ETC.
|
| On Behalf Of |
VIRGIL M. BENNETT
|
|
| Docket Date |
2013-08-22
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ AND/OR CLARIFICATION
|
| On Behalf Of |
DEUTSCHE BANK NATIONAL TRUST
|
|
| Docket Date |
2013-08-21
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
DEUTSCHE BANK NATIONAL TRUST
|
|
| Docket Date |
2013-08-07
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Prevailing ~ ORDERED that the appellants' motion for attorneys' fees filed March 1, 2013, is granted conditioned on the trial court determining that appellants are the prevailing party and, if so, to set the amount of the attorneys' fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection therewith, including but not limited to preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
|
|
| Docket Date |
2013-08-07
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion ~ ***OPINION WITHDRAWN 10-9-13***
|
|
| Docket Date |
2013-04-26
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
| Docket Date |
2013-04-17
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement ~ AA Amanda L. Lundergan
|
|
| Docket Date |
2013-03-25
|
| 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' motion filed March 1, 2013, for extension of time to serve reply brief is granted. Said brief was filed March 12, 2013.
|
|
| Docket Date |
2013-03-12
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief ~ (4)
|
| On Behalf Of |
VIRGIL M. BENNETT
|
|
| Docket Date |
2013-03-06
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ AA Amanda L. Lundergan
|
|
| Docket Date |
2013-03-01
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ T-
|
| On Behalf Of |
VIRGIL M. BENNETT
|
|
| Docket Date |
2013-03-01
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
VIRGIL M. BENNETT
|
|
| Docket Date |
2013-01-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ 30 DAYS
|
|
| Docket Date |
2013-01-15
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ T-
|
| On Behalf Of |
VIRGIL M. BENNETT
|
|
| Docket Date |
2012-12-21
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ (4)
|
| On Behalf Of |
DEUTSCHE BANK NATIONAL TRUST
|
|
| Docket Date |
2012-11-19
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ TWO (2) VOLUMES (NO CD ROM REQUIRED)
|
|
| Docket Date |
2012-11-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Answer Brief extended by Letter (no order issued) ~ 45 DAYS FROM CURRENT DUE DATE
|
|
| Docket Date |
2012-10-18
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ (4)
|
| On Behalf Of |
VIRGIL M. BENNETT
|
|
| Docket Date |
2012-10-17
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Initial Brief extended by Letter (no order issued) ~ 5 DAYS TO 10/22/12
|
|
| Docket Date |
2012-09-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Initial Brief extended by Letter (no order issued) ~ 30 DAYS TO 10/15/12
|
|
| Docket Date |
2012-07-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2012-07-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2012-07-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
VIRGIL M. BENNETT
|
|
|
