| Entity Name: | UNITED STATES OF AMERICA INC. |
| Jurisdiction: | FLORIDA |
| Filing Type: |
Domestic Profit
UNITED STATES OF AMERICA INC. is structured as a Domestic Profit Corporation, which, in Florida signifies a Profit Corporation (also known as a C-Corporation). This business structure is recognized as a separate legal entity from its owners. This offers shareholders the benefit of limited liability protection, safeguarding their personal assets from the corporation's debts and obligations, and facilitates raising capital through the issuance of stock. In Florida, Domestic Profit Corporations are governed by Title XXXVI, Chapter 607, Florida Statutes – Florida Business Corporation Act. |
| Status: |
Inactive
The business entity is inactive. This status may signal operational issues or voluntary closure, raising concerns about the business's ability to repay loans and requiring careful risk assessment by lenders. |
| Date Filed: | 28 Jan 2000 (25 years ago) |
| Date of dissolution: | 04 Oct 2002 (23 years ago) |
| Last Event: | ADMIN DISSOLUTION FOR ANNUAL REPORT |
| Event Date Filed: | 04 Oct 2002 (23 years ago) |
| Document Number: | P00000011748 |
| FEI/EIN Number |
650981192
Federal Employer Identification (FEI) Number assigned by the IRS. |
| Address: | P.O. BOX 3163, PALM BEACH, FL, 33480-1363 |
| Mail Address: | P.O. BOX 3163, PALM BEACH, FL, 33480-1363 |
| Place of Formation: | FLORIDA |
| Name | Role | Address |
|---|---|---|
| QUARILS MARQ | President | 1854 LYNTON CIRCLE, WELLINGTON, FL, 33414 |
| WHITE RAYBURN LEON | Agent | 1854 LYNTON CIR., WELLINGTON, FL, 33414 |
| Event Type | Filed Date | Value | Description |
|---|---|---|---|
| ADMIN DISSOLUTION FOR ANNUAL REPORT | 2002-10-04 | - | - |
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| Bank of New York Mellon Trust Company, N.A., as Trustee for Mortgage Assets Management Series 1 Trust, Appellant(s) v. John J. Taylor; et al. Appellee(s). | 1D2024-2755 | 2024-10-23 | Open | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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| Name | The Bank of New York Mellon Trust Company, N.A. |
| Role | Appellant |
| Status | Active |
| Representations | Nicholas Steven Agnello, Paul Joseph McCord |
| Name | Mortgage Assets Management Series 1 Trust |
| Role | Appellant |
| Status | Active |
| Name | John J. Taylor |
| Role | Appellee |
| Status | Active |
| Representations | Andrew Joseph Decker, III, Thomas Theodore Demas |
| Name | UNITED STATES OF AMERICA INC. |
| Role | Appellee |
| Status | Active |
| Representations | John Forney Rudy, III |
| Name | Hon. Mark E. Feagle |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Columbia Clerk |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2024-10-28 |
| Type | Event |
| Subtype | Fee Paid in Full |
| Description | Fee Paid in Full |
| View | View File |
| Docket Date | 2024-10-28 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | Order on Filing Fee |
| View | View File |
| Docket Date | 2024-10-24 |
| Type | Misc. Events |
| Subtype | Docketing Statement |
| Description | Docketing Statement |
| On Behalf Of | The Bank of New York Mellon Trust Company, N.A. |
| Docket Date | 2024-10-24 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| View | View File |
| Docket Date | 2024-10-23 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal; orders appealed attached |
| On Behalf Of | The Bank of New York Mellon Trust Company, N.A. |
| Docket Date | 2024-12-20 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief |
| On Behalf Of | The Bank of New York Mellon Trust Company, N.A. |
| View | View File |
| Docket Date | 2024-12-20 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees |
| On Behalf Of | The Bank of New York Mellon Trust Company, N.A. |
| Docket Date | 2024-12-10 |
| Type | Record |
| Subtype | Record on Appeal Unredacted/Not Fully Redacted |
| Description | Record on Appeal Unredacted/Not Fully Redacted-1228 pages |
| On Behalf Of | Columbia Clerk |
| Docket Date | 2024-12-09 |
| Type | Record |
| Subtype | Record on Appeal Redacted |
| Description | Record on Appeal Redacted-1228 pages |
| On Behalf Of | Columbia Clerk |
| Classification | NOA Final - Circuit Civil - Foreclosure |
| Court | 2nd District Court of Appeal |
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County 23-CA-6913-CI |
Parties
| Name | Oswald Gonzalez |
| Role | Appellant |
| Status | Active |
| Name | UNITED STATES OF AMERICA INC. |
| Role | Appellee |
| Status | Active |
| Representations | John E. Van Ness |
| Name | Sara N. Soto-Gonzalez |
| Role | Appellee |
| Status | Active |
| Representations | John E. Van Ness |
| Name | CARRINGTON MORTGAGE SERVICES, LLC |
| Role | Appellee |
| Status | Active |
| Representations | John E. Van Ness |
| Name | Hon. Patricia Ann Muscarella |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Pinellas Clerk |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2024-09-25 |
| Type | Disposition by Order |
| Subtype | Dismissed |
| Description | This proceeding is dismissed based on Appellant's failure to satisfy this court's August 2, 2024, fee order. CASANUEVA, KELLY, and BLACK, JJ., Concur. |
| View | View File |
| Docket Date | 2024-08-02 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes. Appellant shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding Appellant insolvent pursuant to section 57.081, Florida Statutes, within forty days from the date of this order. If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice. |
| View | View File |
| Docket Date | 2024-08-02 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| View | View File |
| Docket Date | 2024-08-02 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | W/ORDER APPEALED |
| On Behalf Of | Oswald Gonzalez |
| Classification | NOA Final - Circuit Civil - Foreclosure |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County 502019CA007898 |
Parties
| Name | Schwistov Land Trust |
| Role | Appellant |
| Status | Active |
| Representations | James Randal Ackley |
| Name | Palm Beach Clerk |
| Role | Lower Tribunal Clerk |
| Status | Active |
| Name | Lilian Lepes |
| Role | Appellant |
| Status | Active |
| Name | Secretary of the U.S. Department of Housing and Urban Development |
| Role | Appellee |
| Status | Active |
| Representations | Steven Davis |
| Name | UNITED STATES OF AMERICA INC. |
| Role | Appellee |
| Status | Active |
Docket Entries
| Docket Date | 2024-08-02 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2024-08-02 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| View | View File |
| Docket Date | 2024-07-11 |
| Type | Order |
| Subtype | Order on Motion For Attorney's Fees |
| Description | ORDERED that Appellant's March 25, 2024 motion for appellate attorney's fees is denied. |
| View | View File |
| Docket Date | 2024-07-11 |
| Type | Disposition by Opinion |
| Subtype | Affirmed |
| Description | Affirmed |
| View | View File |
| Docket Date | 2024-05-01 |
| Type | Order |
| Subtype | Order Dispensing with Oral Argument |
| Description | Order Dispensing with Oral Argument |
| View | View File |
| Docket Date | 2024-03-25 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Reply Brief |
| View | View File |
| Docket Date | 2024-03-25 |
| Type | Motions Relating to Oral Argument |
| Subtype | Motion/Request for Oral Argument |
| Description | Motion/Request for Oral Argument |
| Docket Date | 2024-03-25 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees |
| Docket Date | 2024-03-01 |
| Type | Record |
| Subtype | Appendix to Answer Brief |
| Description | Appendix to Answer Brief |
| On Behalf Of | Secretary of the U.S. Department of Housing and Urban Development |
| Docket Date | 2024-03-01 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Answer Brief |
| On Behalf Of | Secretary of the U.S. Department of Housing and Urban Development |
| View | View File |
| Docket Date | 2024-02-02 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix to the Initial Brief |
| On Behalf Of | Schwistov Land Trust |
| Docket Date | 2024-02-02 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief |
| On Behalf Of | Schwistov Land Trust |
| View | View File |
| Docket Date | 2024-01-25 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Secretary of the U.S. Department of Housing and Urban Development |
| Docket Date | 2024-01-19 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | ***NO RECORD REQUIRED*** |
| Docket Date | 2024-01-18 |
| Type | Order |
| Subtype | Order |
| Description | Order |
| View | View File |
| Docket Date | 2024-01-13 |
| Type | Miscellaneous Document |
| Subtype | Pay Case Filing Fee-300 |
| Description | Pay Case Filing Fee-300 |
| View | View File |
| Docket Date | 2024-01-11 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal |
| Docket Date | 2024-01-11 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | Order on Filing Fee |
| View | View File |
| Docket Date | 2024-01-11 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| View | View File |
| Classification | NOA Final - Circuit Civil - Foreclosure |
| Court | 2nd District Court of Appeal |
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County 2019CA-001379 |
Parties
| Name | LAUREL JEPSON |
| Role | Appellant |
| Status | Active |
| Name | Christopher Gleason |
| Role | Appellant |
| Status | Active |
| Representations | Blake James Fredrickson |
| Name | MOORINGS OF SAND KEY HOMEWONERS ASSOCIATION, INC. |
| Role | Appellee |
| Status | Active |
| Name | THE CERTIFICATE HOLDERS CWALT, INC. |
| Role | Appellee |
| Status | Active |
| Name | BANK OF NEW YORK MELLON F/K/A BANK OF NEW YORK |
| Role | Appellee |
| Status | Active |
| Representations | KELLEY KRONENBERG, P. A., Danielle Monique Spradley, Jason Michael Vanslette |
| Name | GREENPOINT MORTGAGE FUNDING, INC. |
| Role | Appellee |
| Status | Active |
| Representations | MORTGAGE ELECTRONIC REG SYSTEM |
| Name | UNKNOWN TENANT (S) |
| Role | Appellee |
| Status | Active |
| Name | UNITED STATES OF AMERICA INC. |
| Role | Appellee |
| Status | Active |
| Representations | John Forney Rudy, III |
| Name | HON. CYNTHIA J. NEWTON |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Hon. Cynthia Joan Newton |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Pinellas Clerk |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2024-12-05 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2024-12-05 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| View | View File |
| Docket Date | 2024-11-06 |
| Type | Order |
| Subtype | Order on Motion For Attorney's Fees |
| Description | Appellee has filed a motion for appellate attorney's fees pursuant to the contractual agreement of the parties, section 59.46, Florida Statutes (2023), and Florida Rule of Appellate Procedure 9.400(b). Appellee's motion is granted in an amount to be determined by the trial court. |
| View | View File |
| Docket Date | 2024-11-06 |
| Type | Disposition by Opinion |
| Subtype | Affirmed |
| Description | Affirmed |
| View | View File |
| Docket Date | 2024-09-13 |
| Type | Order |
| Subtype | Order Striking Filing |
| Description | Appellant's reply brief filed on September 5, 2024, is stricken as untimely. See Fla. R. App. P. 9.210(g). |
| View | View File |
| Docket Date | 2024-09-05 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Reply Brief |
| On Behalf Of | Christopher Gleason |
| View | View File |
| Docket Date | 2024-06-03 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Answer Brief |
| On Behalf Of | BANK OF NEW YORK MELLON F/K/A BANK OF NEW YORK |
| View | View File |
| Docket Date | 2024-06-03 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | APPELLEE'S MOTION FOR APPELLATE ATTORNEY'S FEES |
| On Behalf Of | BANK OF NEW YORK MELLON F/K/A BANK OF NEW YORK |
| Docket Date | 2024-05-14 |
| Type | Record |
| Subtype | Transcript |
| Description | 185 PAGES |
| On Behalf Of | Pinellas Clerk |
| Docket Date | 2024-05-02 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Answer Brief |
| Description | 30 - AB DUE 06/03/2024 |
| On Behalf Of | BANK OF NEW YORK MELLON F/K/A BANK OF NEW YORK |
| Docket Date | 2024-04-22 |
| Type | Order |
| Subtype | Order on Motion to Supplement Record & EOT/Toll Briefing |
| Description | Appellant's motion to supplement the record is granted, and Appellants shall make arrangements within three days with the clerk of the lower tribunal for the supplementation of the record with the items mentioned in the motion, with the supplemental record to be filed in this court within twenty-five days from the date of this order. Appellant's motion for an extension of time is granted to the extent that the initial brief is accepted as timely filed. |
| View | View File |
| Docket Date | 2024-04-03 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Appellant Brief on Merits |
| On Behalf Of | Christopher Gleason |
| Docket Date | 2024-04-01 |
| Type | Motions Relating to Records |
| Subtype | Motion to Supplement Record & EOT/Toll Briefing |
| Description | Motion Supplemental Record & Eot For Brief |
| On Behalf Of | Christopher Gleason |
| Docket Date | 2024-03-19 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records ~ NEWTON - 1673 PAGES - REDACTED |
| Docket Date | 2024-02-28 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
| Description | ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellants' motion for extension of time is granted, and the initial brief shall be served within 30 days from the date of this order. |
| Docket Date | 2024-02-12 |
| 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 | Christopher Gleason |
| Docket Date | 2024-01-10 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time |
| Description | Stipulation for Extension of Time ~ 30 DAYS - IB DUE ON 02/10/24 |
| On Behalf Of | Christopher Gleason |
| Docket Date | 2024-01-05 |
| Type | Misc. Events |
| Subtype | Certificate |
| Description | Certificate ~ CERTIFICATE OF THE CLERK |
| On Behalf Of | Pinellas Clerk |
| Docket Date | 2023-11-28 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | BANK OF NEW YORK MELLON F/K/A BANK OF NEW YORK |
| Docket Date | 2023-11-16 |
| Type | Misc. Events |
| Subtype | Status Report |
| Description | Status Report |
| On Behalf Of | Pinellas Clerk |
| Docket Date | 2023-11-15 |
| Type | Order |
| Subtype | Order on Motion For Substitution of Counsel |
| Description | counsel substitution ~ Pursuant to the filing of the notice of substitution of counsel, Attorney Blake J.Fredrickson is substituted as Appellants' counsel of record and Attorney Patrick J.Cremeens is relieved of further appellate responsibilities. |
| Docket Date | 2023-11-15 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid through Portal |
| On Behalf Of | Christopher Gleason |
| Docket Date | 2023-11-14 |
| Type | Motions Relating to Parties and Counsel |
| Subtype | Motion For Substitution of Counsel |
| Description | Motion For Substitution of Counsel |
| On Behalf Of | Christopher Gleason |
| Docket Date | 2023-11-01 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice. |
| Docket Date | 2023-11-01 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Docket Date | 2023-11-01 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter 1 |
| Docket Date | 2023-11-01 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed ~ W/ORDER |
| On Behalf Of | Christopher Gleason |
| Classification | NOA Final - Circuit Civil - Other |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County CACE20-15214 |
Parties
| Name | CSAB Mortgage-Backed Pass-Through Certificates, Series 2007-1 |
| Role | Appellant |
| Status | Active |
| Representations | Jezabel P. Lima, Gabriel Lievano, Kimberly Lyn George, Shawn Lee Taylor |
| Name | U.S. Bank National Association, etc. |
| Role | Appellant |
| Status | Active |
| Name | Paula Prinsen |
| Role | Appellee |
| Status | Active |
| Name | UNITED STATES OF AMERICA INC. |
| Role | Appellee |
| Status | Active |
| Name | RICHARD CLARKE LLC |
| Role | Appellee |
| Status | Active |
| Representations | Stuart I. Grossman, Shawn Lee Taylor, Jonathan Harris Kline, Joseph James Huss |
| Name | Unknown Spouse of Paula Prinsen |
| Role | Appellee |
| Status | Active |
| Name | Unknown Parties in Possession #1 |
| Role | Appellee |
| Status | Active |
| Name | Unknown Parties in Possession #2 |
| Role | Appellee |
| Status | Active |
| Name | Unknown Spouse of Richard C. Clarke |
| Role | Appellee |
| Status | Active |
| Name | Carlos Augusto Rodriguez |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk - Broward |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2024-07-10 |
| Type | Response |
| Subtype | Response |
| Description | Response in Opposition to Appellee's Motion for Entitlement of Attorney's Fee and Cost |
| On Behalf Of | CSAB Mortgage-Backed Pass-Through Certificates, Series 2007-1 |
| Docket Date | 2024-07-10 |
| Type | Motions Relating to Oral Argument |
| Subtype | Motion/Request for Oral Argument |
| Description | Motion/Request for Oral Argument |
| On Behalf Of | Richard Clarke |
| Docket Date | 2024-11-20 |
| Type | Order |
| Subtype | Order on Motion For Attorney's Fees |
| Description | ORDERED that Appellees' July 8, 2024 motion for entitlement to attorney's fees and costs is denied. |
| View | View File |
| Docket Date | 2024-11-20 |
| Type | Disposition by Opinion |
| Subtype | Affirmed |
| Description | Affirmed |
| View | View File |
| Docket Date | 2024-08-08 |
| Type | Order |
| Subtype | Order Dispensing with Oral Argument |
| Description | 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. |
| View | View File |
| Docket Date | 2024-07-08 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Reply Brief |
| On Behalf Of | CSAB Mortgage-Backed Pass-Through Certificates, Series 2007-1 |
| View | View File |
| Docket Date | 2024-07-08 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees |
| On Behalf Of | Richard Clarke |
| Docket Date | 2024-06-21 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Reply Brief |
| Description | Order on Motion for Extension of Time to Serve Reply Brief |
| View | View File |
| Docket Date | 2024-06-20 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Reply Brief |
| Description | Motion for Extension of Time to Serve Reply Brief |
| Docket Date | 2024-05-06 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
| Description | Order on Motion for Extension of Time to Serve Answer Brief |
| View | View File |
| Docket Date | 2024-05-03 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Answer Brief |
| Description | Motion for Extension of Time to Serve Answer Brief |
| Docket Date | 2024-04-05 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Answer Brief |
| Description | Motion for Extension of Time to Serve Answer Brief |
| Docket Date | 2024-03-21 |
| Type | Order |
| Subtype | Order Striking Filing |
| Description | Order Striking Filing |
| View | View File |
| Docket Date | 2024-03-21 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Answer Brief |
| Description | Motion for Extension of Time to Serve Answer Brief |
| Docket Date | 2024-02-19 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
| Description | Order on Motion for Extension of Time to Serve Answer Brief |
| View | View File |
| Docket Date | 2024-02-17 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Answer Brief |
| Description | Motion for Extension of Time to Serve Answer Brief |
| Docket Date | 2024-02-17 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Richard Clarke |
| Docket Date | 2024-01-18 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief |
| On Behalf Of | CSAB Mortgage-Backed Pass-Through Certificates, Series 2007-1 |
| View | View File |
| Docket Date | 2023-12-18 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | 30 DAYS TO January 17, 2024. |
| Docket Date | 2023-12-18 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Initial Brief |
| Description | Notice of Agreed Extension of Time - Initial Brief |
| On Behalf Of | CSAB Mortgage-Backed Pass-Through Certificates, Series 2007-1 |
| Docket Date | 2023-12-01 |
| Type | Response |
| Subtype | Response |
| Description | Response to Court's November 29, 2023 Order |
| On Behalf Of | CSAB Mortgage-Backed Pass-Through Certificates, Series 2007-1 |
| Docket Date | 2023-11-29 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Record on Appeal - 962 Pages |
| On Behalf Of | Clerk - Broward |
| Docket Date | 2023-11-29 |
| Type | Order |
| Subtype | Order to File Response |
| Description | Order Appellant to File Response |
| View | View File |
| Docket Date | 2023-11-17 |
| Type | Notice |
| Subtype | Notice of Inability |
| Description | Notice of Inability to Transmit the Record |
| On Behalf Of | Clerk - Broward |
| Docket Date | 2023-11-02 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | 46 DAYS TO 12/18/2023. |
| Docket Date | 2023-11-02 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Initial Brief |
| Description | Notice of Agreed Extension of Time - Initial Brief |
| On Behalf Of | CSAB Mortgage-Backed Pass-Through Certificates, Series 2007-1 |
| Docket Date | 2023-11-01 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | CSAB Mortgage-Backed Pass-Through Certificates, Series 2007-1 |
| Docket Date | 2023-09-18 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | CSAB Mortgage-Backed Pass-Through Certificates, Series 2007-1 |
| Docket Date | 2023-08-28 |
| Type | Misc. Events |
| Subtype | Miscellaneous Trial Court Order |
| Description | ORD-FROM CIRCUIT COURT/AGENCY |
| On Behalf Of | CSAB Mortgage-Backed Pass-Through Certificates, Series 2007-1 |
| Docket Date | 2023-08-24 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2023-08-24 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid Through Portal |
| On Behalf Of | CSAB Mortgage-Backed Pass-Through Certificates, Series 2007-1 |
| Docket Date | 2023-08-23 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Docket Date | 2023-08-23 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | CSAB Mortgage-Backed Pass-Through Certificates, Series 2007-1 |
| Docket Date | 2024-12-11 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| View | View File |
| Docket Date | 2024-12-11 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2024-05-22 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Answer Brief |
| On Behalf Of | Richard Clarke |
| View | View File |
| Docket Date | 2024-04-05 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
| Description | Order on Motion for Extension of Time to Serve Answer Brief |
| View | View File |
| Docket Date | 2023-08-25 |
| Type | Order |
| Subtype | Abeyance Order |
| Description | Order Holding Case in Abeyance Per R. 9.020(h)(2)(C) ~ This court notes that a motion tolling rendition is pending in the trial court. ORDERED that the above-styled case is held in abeyance until the trial court disposes of the motion and appellant files a copy of the order in this court. On that date, this case shall proceed, and the briefing schedule shall run from that date. See Fla. R. App. P. 9.020(h)(2)(C). If the trial court has not entered an order disposing of the motion within thirty (30) days from the date of this order, appellant shall file a status report with this court as to the progress being made towards disposition of the motion. |
| Docket Date | 2023-08-24 |
| 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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal 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 lower tribunal clerk's determination of indigent status is filed. |
| Classification | Original Proceedings - County Misdemeanor - Certiorari |
| Court | 1st District Court of Appeal |
| Originating Court |
County Court for the First Judicial Circuit, Okaloosa County 4623MM000549AC,4623CF000607AC,4623MM000546AC |
Parties
| Name | Aphrey B. Collis |
| Role | Petitioner |
| Status | Active |
| Name | UNITED STATES OF AMERICA INC. |
| Role | Respondent |
| Status | Active |
| Name | STATE OF FLORIDA LLC |
| Role | Respondent |
| Status | Active |
| Representations | Ashley Moody |
| Name | Okaloosa County, Florida |
| Role | Respondent |
| Status | Active |
| Name | The City of Crestview, Florida |
| Role | Respondent |
| Status | Active |
Docket Entries
| Docket Date | 2023-11-01 |
| Type | Disposition by Order |
| Subtype | Dismissed |
| Description | Dismissed |
| View | View File |
| Docket Date | 2023-09-21 |
| Type | Order |
| Subtype | Order Directing Service of Filing |
| Description | Order Directing Service of Filing |
| View | View File |
| Docket Date | 2023-09-19 |
| Type | Order |
| Subtype | Order on Motion to Appear In Forma Pauperis |
| Description | Order on Motion to Appear In Forma Pauperis |
| Docket Date | 2023-09-12 |
| Type | Motions Other |
| Subtype | Motion To Appear Forma Pauperis |
| Description | Motion To Appear Forma Pauperis/granted |
| On Behalf Of | Aphrey B. Collis |
| Docket Date | 2023-09-11 |
| Type | Misc. Events |
| Subtype | Docketing Statement |
| Description | Docketing Statement |
| On Behalf Of | Aphrey B. Collis |
| Docket Date | 2023-08-21 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | Order on Filing Fee |
| View | View File |
| Docket Date | 2023-08-21 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| View | View File |
| Docket Date | 2023-08-17 |
| Type | Petition |
| Subtype | Petition Certiorari |
| Description | Petition Certiorari |
| On Behalf Of | Aphrey B. Collis |
| Classification | NOA Final - Circuit Civil - Foreclosure |
| Court | 3rd District Court of Appeal |
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County 19-2425 |
Parties
| Name | COLLEGE HEALTH II GP, INC. |
| Role | Appellant |
| Status | Active |
| Representations | Jesse Dean-Kluger, Jeffrey B. Crockett |
| Name | MICHAEL A. STERN |
| Role | Appellee |
| Status | Active |
| Name | IVOR ROSE |
| Role | Appellee |
| Status | Active |
| Name | UNITED STATES OF AMERICA INC. |
| Role | Appellee |
| Status | Active |
| Name | The Bank of New York Mellon |
| Role | Appellee |
| Status | Active |
| Representations | William C. Stanford, Justin E. Hekkanen, Neil P. Linden, Mark F. Raymond, David P. Milian, Francisco Armada, Adam Brookland, John Anthony Van Ness, G. William Allen, Jr., David Sherman, Alexandra J. De Alejo, Eric P. Stein, Benjamin L. Keime, Michael R. Carroll, Ian D. Jagendorf, Tricia J. Duthiers, Eric M. Levine, Lazaro Vazquez, Glen H. Waldman, Anthony Accetta |
| Name | U.S. Department of the Treasury |
| Role | Appellee |
| Status | Active |
| Name | Department of Revenue |
| Role | Appellee |
| Status | Active |
| Name | MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. |
| Role | Appellee |
| Status | Active |
| Name | Hon. Lisa S. Walsh |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Miami-Dade Clerk |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2023-05-04 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| On Behalf Of | College Health II GP, Inc. |
| Docket Date | 2023-05-04 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | College Health II GP, Inc. |
| Docket Date | 2023-05-04 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due. |
| Docket Date | 2023-08-17 |
| Type | Disposition by Order |
| Subtype | Dismissed |
| Description | Stipulation of Dismissal (DA11J) ~ IT IS HEREBY ORDERED that the parties’ Joint Stipulation for Voluntary Dismissal of Appeal is recognized by the Court, and this appeal from the Circuit Court for Miami-Dade County, Florida, is hereby dismissed. The appeal in case no. 3D23-0868 remains pending and shall proceed, and all filings hereafter shall be under case no. 3D23-0868. |
| Docket Date | 2023-08-17 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2023-08-17 |
| Type | Disposition by Opinion |
| Subtype | Dismissed |
| Description | Dismissed - Order by Clerk |
| Docket Date | 2023-08-17 |
| Type | Mandate |
| Subtype | Disp. w/o Mandate |
| Description | Disp w/o mandate |
| Docket Date | 2023-08-15 |
| Type | Motions Other |
| Subtype | Motion/Notice Voluntary Dismissal |
| Description | Notice of Voluntary Dismissal ~ Joint Stipulation for Voluntary Dismissal of Appeal |
| On Behalf Of | College Health II GP, Inc. |
| Docket Date | 2023-07-26 |
| Type | Order |
| Subtype | Order to Transmit Record/Supplemental Record on Appeal |
| Description | Non-Conforming Transcript Stricken ~ Upon review of the record/affidavits filed in this case, the Courthas determined that condensed transcripts fail to comply with therequirements of Florida Rules of Appellate Procedure 9.200(b)(4) and9.220(c)(4). Any such condensed transcripts filed after January 1, 2019,are hereby stricken. The responsible party (the party who seeks to havethe transcripts considered by this Court) shall file transcripts that complywith the Florida Rules of Appellate Procedure within thirty (30) days fromthe date of this Order. |
| Docket Date | 2023-07-21 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Record on Appeal |
| On Behalf Of | Miami-Dade Clerk |
| Docket Date | 2023-07-17 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ IB-45 days to 09/08/2023 |
| Docket Date | 2023-07-17 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time |
| Description | Notice of Agreed Extension of Time |
| On Behalf Of | College Health II GP, Inc. |
| Docket Date | 2023-07-14 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time |
| Description | Notice of Agreed Extension of Time |
| On Behalf Of | The Bank of New York Mellon |
| Docket Date | 2023-06-05 |
| Type | Order |
| Subtype | Order on Motion For Substitution of Counsel |
| Description | Substitution of Counsel Recognized (OR44D) ~ The Motion to Substitute Counsel, filed on June 2, 2023, is granted and recognized by the Court. |
| Docket Date | 2023-06-02 |
| Type | Motions Relating to Parties and Counsel |
| Subtype | Motion For Substitution of Counsel |
| Description | Motion For Substitution of Counsel |
| On Behalf Of | The Bank of New York Mellon |
| Docket Date | 2023-06-01 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | The Bank of New York Mellon |
| Docket Date | 2023-06-01 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid Through Portal |
| On Behalf Of | The Bank of New York Mellon |
| Docket Date | 2023-05-25 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | The Bank of New York Mellon |
| Docket Date | 2023-05-19 |
| Type | Order |
| Subtype | Order on Motion to Consolidate |
| Description | Consolidations Granted--all purpose (OG24) ~ Upon consideration of Appellee the Bank of New York Mellon’s Unopposed Motion to Consolidate Appeals, it is ordered that the above-referenced appeals are hereby consolidated for all appellate purposes under case no. 3D23-0809. All filings in the case shall be under case no. 3D23-0809. The parties shall file only one set of briefs under case no. 3D23-0809. |
| Docket Date | 2023-05-17 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | The Bank of New York Mellon |
| Docket Date | 2023-05-17 |
| Type | Motions Other |
| Subtype | Motion To Consolidate |
| Description | Motion To Consolidate ~ APPELLEE'S UNOPPOSED MOTION TO CONSOLIDATE APPEALS |
| On Behalf Of | The Bank of New York Mellon |
| Classification | NOA Final - Circuit Civil - Other |
| Court | 6th District Court of Appeal |
| Originating Court |
Circuit Court for the Ninth Judicial Circuit, Orange County 2016-CA-010214-O |
Parties
| Name | WILMINGTON SAVINGS FUND SOCIETY, FSB, CORPORATION |
| Role | Appellant |
| Status | Active |
| Representations | MELISA MANGANELLI, ESQ., CHRISTIAN SAVIO, ESQ. |
| Name | RESIDENTIAL CREDIT OPPORTUNITIES TRUST VII-B |
| Role | Appellant |
| Status | Active |
| Name | SUNTRUST BANK |
| Role | Appellee |
| Status | Active |
| Name | UNITED STATES OF AMERICA INC. |
| Role | Appellee |
| Status | Active |
| Name | ASHLEY QUANDT |
| Role | Appellee |
| Status | Active |
| Representations | CARRIE ORTIZ, ESQ., ERIN ZEBELL, ESQ., ANTHONY N. LEGENDRE, II., ESQ., CANDACE SOLIS, ESQ., ANDREW B. GREENLEE, ESQ., ROY A. DIAZ, ESQ, |
| Name | FORD MOTOR CREDIT COMPANY LLC |
| Role | Appellee |
| Status | Active |
| Name | BRANDON QUANDT |
| Role | Appellee |
| Status | Active |
| Name | Hon. Denise Beamer |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | TIFFANY RUSSELL, CLERK |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2024-09-24 |
| Type | Disposition by Opinion |
| Subtype | Affirmed |
| Description | Affirmed - PCA |
| View | View File |
| Docket Date | 2024-01-18 |
| Type | Notice |
| Subtype | Notice of Supplemental Authority |
| Description | Notice of Supplemental Authority |
| On Behalf Of | WILMINGTON SAVINGS FUND SOCIETY, FSB |
| Docket Date | 2024-11-26 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2024-11-26 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| View | View File |
| Docket Date | 2024-09-24 |
| Type | Order |
| Subtype | Order on Motion For Attorney's Fees |
| Description | ORDERED that Appellant's Motion for Attorney's Fees, filed on November 21, 2023, is denied. |
| View | View File |
| Docket Date | 2023-11-21 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Appellant Reply Brief |
| On Behalf Of | WILMINGTON SAVINGS FUND SOCIETY, FSB |
| Docket Date | 2023-11-21 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees |
| On Behalf Of | WILMINGTON SAVINGS FUND SOCIETY, FSB |
| Docket Date | 2023-11-07 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees ~ APPELLEES' MOTION FOR ATTORNEYS' FEES |
| On Behalf Of | ASHLEY QUANDT |
| Docket Date | 2023-11-06 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Appellee Answer Brief |
| On Behalf Of | ASHLEY QUANDT |
| Docket Date | 2023-09-21 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time |
| Description | Stipulation for Extension of Time ~ 45- AB DUE 11/05/2023 |
| On Behalf Of | ASHLEY QUANDT |
| Docket Date | 2023-08-22 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Appellant Brief on Merits |
| On Behalf Of | WILMINGTON SAVINGS FUND SOCIETY, FSB |
| Docket Date | 2023-08-14 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
| Description | ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant’s motion for extension of time to serve initial brief is granted. The initial brief shall be served on or before August 22, 2023. |
| Docket Date | 2023-07-31 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Initial Brief |
| Description | Mot. for Extension of time to file Initial Brief ~ APPELLANT'S SECOND MOTION FOR EXTENSION OF TIME TOFILE INITIAL BRIEF |
| On Behalf Of | WILMINGTON SAVINGS FUND SOCIETY, FSB |
| Docket Date | 2023-07-21 |
| Type | Record |
| Subtype | Transcript |
| Description | Transcript Received ~ 180 PAGES |
| On Behalf Of | TIFFANY RUSSELL, CLERK |
| Docket Date | 2023-07-11 |
| Type | Notice |
| Subtype | Appendix/Attachment to Notice |
| Description | Appendix/Attachment to Notice |
| On Behalf Of | WILMINGTON SAVINGS FUND SOCIETY, FSB |
| Docket Date | 2023-07-11 |
| Type | Misc. Events |
| Subtype | Status Report |
| Description | Status Report ~ APPELLANT'S STATUS REPORTTHAT THE LOWER COURT CLERK HAS BEEN PAID FOR THERECORD ON APPEAL |
| On Behalf Of | WILMINGTON SAVINGS FUND SOCIETY, FSB |
| Docket Date | 2023-06-22 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Initial Brief |
| Description | Mot. for Extension of time to file Initial Brief ~ APPELLANT'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF |
| On Behalf Of | WILMINGTON SAVINGS FUND SOCIETY, FSB |
| Docket Date | 2023-06-20 |
| Type | Notice |
| Subtype | Notice |
| Description | Notice ~ NOTICE OF INABILITY TO PRODUCE THE RECORD ON APPEAL |
| On Behalf Of | TIFFANY RUSSELL, CLERK |
| Docket Date | 2023-05-02 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid through Portal |
| Docket Date | 2023-05-01 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | fee - civil; atty |
| Docket Date | 2023-05-01 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Docket Date | 2023-05-01 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter 1 |
| Docket Date | 2023-05-01 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed ~ WITH ORDER |
| On Behalf Of | WILMINGTON SAVINGS FUND SOCIETY, FSB |
| Docket Date | 2023-06-29 |
| Type | Order |
| Subtype | Order to File Status Report |
| Description | Status report due within * days ~ Additionally, within ten days from the date of this order, Appellant shall provide a status report to this court regarding whether it has made financial arrangements for transmission of the record on appeal with clerk of the lower tribunal. |
| Classification | NOA Final - Circuit Civil - Other |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County CACE20-013872 |
Parties
| Name | Richard Gary Rosenblum |
| Role | Appellant |
| Status | Active |
| Representations | Richard Gary Rosenblum |
| Name | UNITED STATES OF AMERICA INC. |
| Role | Appellant |
| Status | Active |
| Name | Unknown Spouse of Richard Gary Gary Rosenblum |
| Role | Appellant |
| Status | Active |
| Name | Unknown Person in Possession at 101416 SW 22nd Place, etc. |
| Role | Appellant |
| Status | Active |
| Name | Virginia G. Rosenblum |
| Role | Appellant |
| Status | Active |
| Name | U.S. Small Business Administation |
| Role | Appellant |
| Status | Active |
| Name | Unknown Spouse of Virginia G. Rosenblum |
| Role | Appellant |
| Status | Active |
| Name | Walter Schneider |
| Role | Appellee |
| Status | Active |
| Name | Westridge Homeowners Association of Davie, Inc. |
| Role | Appellee |
| Status | Active |
| Representations | Whitney Powell, Bruce Richard Jacobs, Anika Campbell |
| Name | JK PROPERTY MANAGEMENT, LLC |
| Role | Appellee |
| Status | Active |
| Name | Hon. Daniel A. Casey |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk - Broward |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2023-03-24 |
| 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 appellants 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. Appellants shall specifically address how this appeal is timely appealed, as it appears the final judgment of foreclosure was rendered November 1, 2022, pursuant to an order denying an October 24, 2022 motion for rehearing, and the renewed motion for rehearing did not toll rendition of the final judgment of foreclosure. See Fla. R. App. P. 9.020(h)(1)(B), (2), 9.110(b) ("Jurisdiction of the court under this rule shall be invoked by filing a notice . . . with the clerk of the lower tribunal within 30 days of rendition of the order to be reviewed[.]"). Further,Appellees may file a response within ten (10) days of service of that statement. |
| Docket Date | 2023-03-08 |
| 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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal 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 lower tribunal clerk's determination of indigent status is filed. |
| Docket Date | 2023-12-13 |
| Type | Post-Disposition Motions |
| Subtype | Motion for Rehearing |
| Description | MOTION FOR RECONSIDERATION OF DISMISSAL FOR LATE FILING OF NOTICE OF APPEAL |
| Docket Date | 2024-01-24 |
| Type | Order |
| Subtype | Order on Motion for Rehearing |
| Description | Order on Motion for Rehearing |
| View | View File |
| Docket Date | 2023-05-12 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief on Merits |
| On Behalf Of | Richard Gary Rosenblum |
| Docket Date | 2023-04-18 |
| Type | Disposition |
| Subtype | Dismissed |
| Description | Dismissed - Order by Judge |
| Docket Date | 2023-04-18 |
| Type | Disposition by Order |
| Subtype | Dismissed |
| Description | ORD-Sua Sponte Dismissed as Untimely ~ ORDERED sua sponte that this appeal is dismissed as untimely filed. See Fla. R. App. P. 9.020(h)(1)(B), (2), 9.110(b) ("Jurisdiction of the court under this rule shall be invoked by filing a notice . . . with the clerk of the lower tribunal within 30 days of rendition of the order to be reviewed[.]").GROSS, CIKLIN and KUNTZ, JJ., concur. |
| Docket Date | 2023-03-22 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter ~ *Amended |
| Docket Date | 2023-03-22 |
| Type | Order |
| Subtype | Amended/Additional Filing(s) Needed |
| Description | Aplnt to file underlying order being appealed ~ *Amended |
| Docket Date | 2023-03-22 |
| Type | Notice |
| Subtype | Notice of Filing |
| Description | Notice of Filing |
| On Behalf Of | Richard Gary Rosenblum |
| Docket Date | 2023-03-22 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid Through Portal |
| On Behalf Of | Richard Gary Rosenblum |
| Docket Date | 2023-03-10 |
| Type | Order |
| Subtype | Amended/Additional Filing(s) Needed |
| Description | Aplnt to file underlying order being appealed ~ The Notice of Appeal seeks an appeal of the order denying a motion for rehearing. An order denying a motion for rehearing is not independently appealable. Within ten (10) days from the date of this order, appellant shall submit a conformed copy of the underlying order which is the subject of the motion for rehearing for the purpose of determining whether the filing of the motion for rehearing tolled the jurisdictional time limit of the filing of the Notice of Appeal of the underlying order from which appellant seeks review. |
| Docket Date | 2023-03-08 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | Richard Gary Rosenblum |
| Docket Date | 2023-03-08 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2023-03-08 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Classification | NOA Non Final - Circuit Civil - Other |
| Court | 2nd District Court of Appeal |
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County 22-CA-008444 |
Parties
| Name | ROSA VALDES |
| Role | Appellant |
| Status | Active |
| Name | STATE OF FLORIDA LLC |
| Role | Appellee |
| Status | Active |
| Name | HON. MELISSA M. POLO |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | HILLSBOROUGH CLERK |
| Role | Lower Tribunal Clerk |
| Status | Active |
| Name | UNITED STATES OF AMERICA INC. |
| Role | Appellee |
| Status | Active |
| Representations | ATTORNEY GENERAL, Attorney General, Tampa, Andrea E. Zelman, City Attorney, Christine M. Beck, Esq. |
Docket Entries
| Docket Date | 2023-02-09 |
| Type | Misc. Events |
| Subtype | Case Closed |
| Description | Case Closed |
| Docket Date | 2023-01-24 |
| Type | Disposition by Order |
| Subtype | Dismissed |
| Description | ORD-SUA SPONTE DISMISSAL ~ This appeal is dismissed based on Appellant's failure to respond to this court's December 28, 2022, order to show cause. |
| Docket Date | 2022-12-28 |
| Type | Order |
| Subtype | Nonfinal Appeals |
| Description | nonfinal appeal order for initial brief ~ This proceeding is a nonfinal appeal, or an appeal of a specified final order, governed by Florida Rule of Appellate Procedure 9.130. The initial brief and appendix shall be served within fifteen days of the date of this order. The appellee(s) shall serve the answer brief(s) within thirty days of service of the initial brief. |
| Docket Date | 2023-01-24 |
| Type | Disposition |
| Subtype | Dismissed |
| Description | Dismissed - Order by Judge ~ KELLY, LaROSE, and KHOUZAM |
| Docket Date | 2022-12-28 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed ~ CERTIFIED NOA WITH LT DOCUMENTS ATTACHED |
| On Behalf Of | ROSA VALDES |
| Docket Date | 2022-12-28 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter 1 |
| Docket Date | 2022-12-15 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed ~ DUPLICATE NOA - NOT CERTIFIED |
| On Behalf Of | ROSA VALDES |
| Docket Date | 2022-12-15 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | HL:Fee Owed |
| Classification | NOA Final - Circuit Civil - Foreclosure |
| Court | 5th District Court of Appeal |
| Originating Court |
Circuit Court for the Fifth Judicial Circuit, Marion County 2015-CA-1016 |
Parties
| Name | Mercedes P. Turan |
| Role | Appellant |
| Status | Active |
| Name | John S. Turan |
| Role | Appellant |
| Status | Active |
| Representations | Scott A. Rosin |
| Name | RAINBOW SPRINGS PROPERTY OWNERS ASSOCIATION, INC. |
| Role | Appellee |
| Status | Active |
| Name | UNITED STATES OF AMERICA INC. |
| Role | Appellee |
| Status | Active |
| Name | Donna Vezina |
| Role | Appellee |
| Status | Active |
| Name | SPECIALIZED LOAN SERVICING LLC |
| Role | Appellee |
| Status | Active |
| Representations | Charles P. Gufford, Mya M. Hatchette, Nicholas Jon Vanhook, Trey Smith |
| Name | Department of the Treasury Internal Revenue Service |
| Role | Appellee |
| Status | Active |
| Name | NATIONSTAR MORTGAGE LLC |
| Role | Appellee |
| Status | Active |
| Name | Mary Waldman |
| Role | Appellee |
| Status | Active |
| Name | Progressive Insurance Company |
| Role | Appellee |
| Status | Active |
| Name | Hon. Steven G. Rogers |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk Marion |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2024-07-09 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| View | View File |
| Docket Date | 2024-07-09 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2024-06-19 |
| Type | Order |
| Subtype | Order on Motion For Attorney's Fees |
| Description | Order on Motion For Attorney's Fees; AE, SPECIALIZED LOAN SERVICING MOT ATTY FEES GRANTED |
| View | View File |
| Docket Date | 2024-06-18 |
| Type | Disposition by Opinion |
| Subtype | Affirmed |
| Description | PER CURIAM AFFIRMED |
| View | View File |
| Docket Date | 2023-05-30 |
| Type | Notice |
| Subtype | Notice |
| Description | NOTICE OF PANEL ASSIGNMENT |
| Docket Date | 2023-04-12 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees |
| On Behalf Of | Specialized Loan Servicing LLC |
| Docket Date | 2023-04-11 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Appellee's Answer Brief |
| On Behalf Of | Specialized Loan Servicing LLC |
| Docket Date | 2023-03-17 |
| Type | Order |
| Subtype | Order Discharging Show Cause Order |
| Description | ORD-Discharging Show Cause ~ IB ACKNOWLEDGED; OTSC DISCHARGED; APPEAL SHALL PROCEED |
| Docket Date | 2023-03-16 |
| Type | Response |
| Subtype | Response |
| Description | RESPONSE ~ TO 3/15 OTSC |
| On Behalf Of | John S. Turan |
| Docket Date | 2023-03-16 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief on Merits |
| On Behalf Of | John S. Turan |
| Docket Date | 2023-03-15 |
| Type | Order |
| Subtype | Show Cause |
| Description | Show Cause Lack of Prosecution, Initial Brief ~ AAS' W/IN 10 DYS |
| Docket Date | 2023-02-09 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
| Description | Order Grant EOT for Initial Brief ~ MOT GRANTED; IB BY 3/13/23 |
| Docket Date | 2023-02-07 |
| 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 | John S. Turan |
| Docket Date | 2023-01-18 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records ~ 1325 PAGES |
| On Behalf Of | Clerk Marion |
| Docket Date | 2023-01-10 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Initial Brief |
| Description | Order Denying EOT for Initial Brief ~ MOT DENIED AS PREMATURE... |
| Docket Date | 2023-01-09 |
| 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 | John S. Turan |
| Docket Date | 2022-12-13 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Specialized Loan Servicing LLC |
| Docket Date | 2022-12-07 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | CASE FILING FEE PAID THROUGH PORTAL |
| Docket Date | 2022-12-06 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | Order to pay filing fee - Civil appeal (300) |
| Docket Date | 2022-12-06 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Docket Date | 2022-12-06 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgement Letter 1 |
| Docket Date | 2022-12-06 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed ~ FILED BELOW: 12/01/2022 |
| On Behalf Of | John S. Turan |
| Classification | NOA Final - Circuit Civil - Foreclosure |
| Court | 2nd District Court of Appeal |
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County 21-CA-003151 |
Parties
| Name | M. JULIA MOORIS |
| Role | Appellant |
| Status | Active |
| Representations | MATTHEW D. WEIDNER, ESQ. |
| Name | LEO A. FARMER, JR. |
| Role | Appellant |
| Status | Active |
| Name | CHRISTINA TRUST AS TRUSTEE FOR PRETIUM MORTGAGE AQUISITION TRUST |
| Role | Appellee |
| Status | Active |
| Name | UNITED STATES OF AMERICA INC. |
| Role | Appellee |
| Status | Active |
| Name | WILMINGTON SAVINGS FUND SOCIETY, FSB, CORPORATION |
| Role | Appellee |
| Status | Active |
| Representations | RALPH WILLIAM CONFREDA, JR., ESQ., ROBERTSON, ANSCHUTZ, SCHNEID |
| Name | DISCOVER BANK |
| Role | Appellee |
| Status | Active |
| Name | HILLSBOROUGH CLERK |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2023-01-25 |
| Type | Misc. Events |
| Subtype | Case Closed |
| Description | Case Closed |
| Docket Date | 2023-01-04 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance ~ NOTICE OF APPEARANCE AS COUNSEL ON BEHALF OF APPELLEE AND E-MAIL DESIGNATION |
| On Behalf Of | WILMINGTON SAVINGS FUND SOCIETY, FSB |
| Docket Date | 2023-01-04 |
| Type | Disposition |
| Subtype | Dismissed |
| Description | Dismissed - Order by Judge ~ SLEET, SMITH, and LABRIT |
| Docket Date | 2023-01-04 |
| Type | Disposition by Order |
| Subtype | Dismissed |
| Description | ORD-SUA SPONTE DISMISSAL ~ This appeal is dismissed based on Appellants' failure to satisfy this court'sDecember 5, 2022, fee order. |
| Docket Date | 2022-12-05 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | fee - civil; atty |
| Docket Date | 2022-12-05 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | HL:Fee Owed |
| Docket Date | 2022-12-05 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter 1 |
| Docket Date | 2022-12-05 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed ~ WITH ORDER |
| On Behalf Of | M. JULIA MOORIS |
| Classification | NOA Final - Circuit Civil - Foreclosure |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County CACE19025986 |
Parties
| Name | FORECLOSURE, INC. |
| Role | Appellant |
| Status | Active |
| Name | JESSE SCOTT LLC |
| Role | Appellant |
| Status | Active |
| Representations | Erik Todd Silevitch |
| Name | Cristina Scott |
| Role | Appellant |
| Status | Active |
| Name | Patria Santos |
| Role | Appellee |
| Status | Active |
| Name | 1 OAK VENTURES STEP FUND LLC |
| Role | Appellee |
| Status | Active |
| Representations | Adam Alexander Diaz, Roy Alan Diaz |
| Name | Simon Santos |
| Role | Appellee |
| Status | Active |
| Name | UNITED STATES OF AMERICA INC. |
| Role | Appellee |
| Status | Active |
| Name | Hon. Andrea Gundersen |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk - Broward |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2023-12-13 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2023-12-13 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| View | View File |
| Docket Date | 2023-10-19 |
| Type | Disposition by Opinion |
| Subtype | Affirmed |
| Description | Affirmed |
| View | View File |
| Docket Date | 2023-06-16 |
| Type | Order |
| Subtype | Order on Motion to Supplement Record & EOT/Toll Briefing |
| Description | Order Granting Motion to Supplement the Record ~ ORDERED that appellants' June 16, 2023 motion to supplement the record 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 ten (10) days from the date of this order. Appellants shall monitor the supplementation process. |
| Docket Date | 2022-11-17 |
| 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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal 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 lower tribunal clerk's determination of indigent status is filed. |
| Docket Date | 2023-11-22 |
| Type | Order |
| Subtype | Order on Motion for Written Opinion |
| Description | Order on Motion for Written Opinion |
| View | View File |
| Docket Date | 2023-11-01 |
| Type | Post-Disposition Motions |
| Subtype | Motion for Written Opinion |
| Description | MOTION FOR ISSUANCE OF A WRITTEN OPINION |
| On Behalf Of | Jesse Scott |
| Docket Date | 2023-10-19 |
| Type | Order |
| Subtype | Order on Motion For Attorney's Fees |
| Description | Order on Motion For Attorney's Fees |
| On Behalf Of | 1 Oak Ventures Step Fund, LLC |
| View | View File |
| Docket Date | 2023-07-10 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees |
| On Behalf Of | Jesse Scott |
| Docket Date | 2023-07-10 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Appellant's Reply Brief |
| On Behalf Of | Jesse Scott |
| Docket Date | 2023-06-23 |
| Type | Record |
| Subtype | Supplemental Record |
| Description | Supplemental Records ~ 290 PAGES |
| On Behalf Of | Clerk - Broward |
| Docket Date | 2023-06-16 |
| Type | Motions Relating to Records |
| Subtype | Motion to Supplement Record |
| Description | Motion To File Supplemental Record |
| On Behalf Of | Jesse Scott |
| Docket Date | 2023-06-09 |
| 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' June 8, 2023 motion for extension of time is granted in part. Appellant shall serve the reply brief within fifteen (15) days from the current due date. In addition, if the reply brief is served after the time provided for in this order, it may be stricken. |
| Docket Date | 2023-06-08 |
| 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 | Jesse Scott |
| Docket Date | 2023-05-25 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees |
| On Behalf Of | 1 Oak Ventures Step Fund, LLC |
| Docket Date | 2023-05-25 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Appellee's Answer Brief |
| On Behalf Of | 1 Oak Ventures Step Fund, LLC |
| Docket Date | 2023-04-11 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 45 DAYS TO 5/30/23 |
| Docket Date | 2023-04-11 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Answer Brief |
| Description | Notice of Agreed Extension - Answer Brief |
| On Behalf Of | 1 Oak Ventures Step Fund, LLC |
| Docket Date | 2023-03-16 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief on Merits |
| On Behalf Of | Jesse Scott |
| Docket Date | 2023-02-23 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 20 DAYS TO 3/16/23 |
| Docket Date | 2023-02-23 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Initial Brief |
| Description | Notice of Agreed Extension - Initial Brief |
| On Behalf Of | Jesse Scott |
| Docket Date | 2023-01-24 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Initial Brief |
| Description | Notice of Agreed Extension - Initial Brief |
| On Behalf Of | Jesse Scott |
| Docket Date | 2023-01-24 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 30 DAYS TO 2/24/23 |
| Docket Date | 2023-01-09 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records ~ 1559 PAGES |
| On Behalf Of | Clerk - Broward |
| Docket Date | 2022-12-13 |
| Type | Order |
| Subtype | Order Vacating/Withdrawing Order |
| Description | Order Vacated ~ ORDERED that this court's December 8, 2022 order is vacated. This court is treating this case as an appeal from a final order. |
| Docket Date | 2022-12-09 |
| Type | Response |
| Subtype | Response |
| Description | Response |
| On Behalf Of | Jesse Scott |
| Docket Date | 2022-12-08 |
| Type | Order |
| Subtype | Show Cause |
| Description | Show Cause Lack of Prosecution, Initial Brief ~ ***VACATED***ORDERED that appellants in the above-styled case are directed to show cause in writing, if any there be, on or before December 19, 2022, 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 | 2022-12-05 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | 1 Oak Ventures Step Fund, LLC |
| Docket Date | 2022-11-18 |
| Type | Order |
| Subtype | Order Vacating/Withdrawing Order |
| Description | Order Vacated ~ ORDERED that this court's November 17, 2022 amended acknowledgment letter is vacated. |
| Docket Date | 2022-11-17 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2022-11-17 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid Through Portal |
| On Behalf Of | Jesse Scott |
| Docket Date | 2022-11-16 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Docket Date | 2022-11-16 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | Jesse Scott |
| Classification | Discretionary Review - Notice to Invoke - Direct Conflict of Decisions |
| Court | Supreme Court of Florida |
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County 062014CA021611AXXXCE Circuit Court for the Seventeenth Judicial Circuit, Broward County 4D20-2779 |
Parties
| Name | Carmen A. Jackson |
| Role | Petitioner |
| Status | Active |
| Name | Calvin E. Jackson |
| Role | Petitioner |
| Status | Active |
| Representations | Bruce Jacobs |
| Name | UNITED STATES SMALL BUSINESS ADMINISTRATION |
| Role | Respondent |
| Status | Active |
| Name | UNITED STATES OF AMERICA INC. |
| Role | Respondent |
| Status | Active |
| Name | D/B/A Christiana Trust |
| Role | Respondent |
| Status | Active |
| Name | Pretium Morgage Acquisition Trust |
| Role | Respondent |
| Status | Active |
| Name | WILMINGTON SAVINGS FUND SOCIETY, FSB, CORPORATION |
| Role | Respondent |
| Status | Active |
| Representations | Adam G. Schwartz |
| Name | Hon. Barry J. Stone |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Hon. Brenda D. Forman |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2022-06-14 |
| Type | Disposition |
| Subtype | Rev/Appeal Dism No Juris Omnibus |
| 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 Wheeler v. State, 296 So. 3d 895 (Fla. 2020); 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. |
| View | View File |
| Docket Date | 2022-06-13 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | DM:Case Dismissed |
| Docket Date | 2022-06-13 |
| Type | Notice |
| Subtype | Invoke Discretionary Jurisdiction |
| Description | NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT) |
| On Behalf Of | Calvin E. Jackson |
| View | View File |
| Classification | NOA Final - Circuit Civil - Other |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County CACE19-004885 |
Parties
| Name | The Bank of New York Mellon, etc. |
| Role | Appellant |
| Status | Active |
| Representations | Morgan Lyle Weinstein, John Anthony Van Ness |
| Name | CALVARY CHAPEL CHURCH, INC. |
| Role | Appellee |
| Status | Active |
| Name | THE LAKES AT PARKLAND HOMEOWNERS ASSOCIATION, INC. |
| Role | Appellee |
| Status | Active |
| Name | UNITED STATES OF AMERICA INC. |
| Role | Appellee |
| Status | Active |
| Name | Hon. Barry Stone |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk - Broward |
| Role | Lower Tribunal Clerk |
| Status | Active |
| Name | Timothy M. Kardok |
| Role | Appellee |
| Status | Active |
| Representations | Joseph E. Altschul, Jonathan H. Kline, Paul R. Alfieri |
Docket Entries
| Docket Date | 2022-12-15 |
| Type | Order |
| Subtype | Order Striking Filing |
| Description | Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellee’s December 14, 2022 answer brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f). |
| Docket Date | 2022-12-15 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Appellee's Answer Brief |
| On Behalf Of | Timothy M. Kardok |
| Docket Date | 2022-12-14 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Appellee's Answer Brief ~ **Stricken** |
| On Behalf Of | Timothy M. Kardok |
| Docket Date | 2023-07-28 |
| Type | Response |
| Subtype | Response |
| Description | Response ~ to Appellee's Motion for Rehearing En Banc |
| On Behalf Of | The Bank of New York Mellon, etc. |
| Docket Date | 2024-04-22 |
| Type | Supreme Court |
| Subtype | Supreme Court Order |
| Description | SC2023-1330 Supreme Court Order |
| Docket Date | 2023-09-26 |
| Type | Supreme Court |
| Subtype | Acknowledged Receipt from Supreme Court |
| Description | SC2023-1330 Acknowledged Receipt from Supreme Court |
| Docket Date | 2023-09-21 |
| Type | Supreme Court |
| Subtype | Review Sent to Supreme Court |
| Description | Review Sent to Supreme Court |
| Docket Date | 2023-09-19 |
| Type | Supreme Court |
| Subtype | Notice to Invok. Disc. Jur. FSC |
| Description | Notice to Invok. Disc. Jur. FSC |
| Docket Date | 2023-09-08 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| Docket Date | 2023-08-22 |
| Type | Order |
| Subtype | Order on Motion for Rehearing En Banc |
| Description | Order Denying Rehearing En Banc ~ ORDERED that appellee's July 6, 2023 motion for rehearing en banc is denied. |
| Docket Date | 2023-08-22 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2023-07-26 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to File Response |
| Description | Grant EOT to file Response ~ ORDERED that appellant’s July 24, 2023 motion for extension of time is granted, and the time for filing a response to appellee’s post-opinion motion is extended to July 28, 2023. |
| Docket Date | 2023-07-24 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to File Response |
| Description | Motion for Extension of Time to File Response |
| On Behalf Of | The Bank of New York Mellon, etc. |
| Docket Date | 2023-07-06 |
| Type | Post-Disposition Motions |
| Subtype | Motion for Rehearing |
| Description | Motion for Rehearing / Rehearing En Banc |
| On Behalf Of | Timothy M. Kardok |
| Docket Date | 2023-06-21 |
| Type | Order |
| Subtype | Order on Motion For Attorney's Fees |
| Description | Order Granting Attorney Fees-Prevailing ~ ORDERED that appellant’s February 1, 2023 motion for appellate attorney's fees is granted conditioned on the trial court determining that appellant is the prevailing party and, if so, setting 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 | 2023-06-21 |
| Type | Disposition by Opinion |
| Subtype | Reversed |
| Description | Reversed - Authored Opinion |
| Docket Date | 2023-03-20 |
| Type | Record |
| Subtype | Transcript |
| Description | Transcript Received ~ 123 PAGES |
| On Behalf Of | Clerk - Broward |
| Docket Date | 2023-02-01 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees |
| On Behalf Of | The Bank of New York Mellon, etc. |
| Docket Date | 2023-02-01 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Appellant's Reply Brief |
| On Behalf Of | The Bank of New York Mellon, etc. |
| Docket Date | 2023-01-31 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees ~ *AND* COSTS |
| On Behalf Of | Timothy M. Kardok |
| Docket Date | 2023-01-17 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Reply Brief |
| Description | Notice of Agreed Extension - Reply Brief |
| On Behalf Of | The Bank of New York Mellon, etc. |
| Docket Date | 2023-01-17 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 15 DAYS TO 02/01/2023. |
| Docket Date | 2022-11-14 |
| 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 | Timothy M. Kardok |
| Docket Date | 2022-10-17 |
| 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 October 14, 2022 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 | 2022-10-14 |
| 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 | Timothy M. Kardok |
| Docket Date | 2022-09-15 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Answer Brief |
| Description | Mot. for Extension of time to file Answer Brief ~ AMENDED |
| On Behalf Of | Timothy M. Kardok |
| Docket Date | 2022-09-15 |
| 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 September 15, 2022 amended 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 | 2022-09-14 |
| 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 | Timothy M. Kardok |
| Docket Date | 2022-08-02 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief on Merits |
| On Behalf Of | The Bank of New York Mellon, etc. |
| Docket Date | 2022-08-02 |
| Type | Order |
| Subtype | Order Striking Filing |
| Description | Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant’s August 1, 2022 initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f). |
| Docket Date | 2022-08-01 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief on Merits ~ **Stricken** |
| On Behalf Of | The Bank of New York Mellon, etc. |
| Docket Date | 2022-07-01 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Initial Brief |
| Description | Notice of Agreed Extension - Initial Brief |
| On Behalf Of | The Bank of New York Mellon, etc. |
| Docket Date | 2022-07-01 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 30 DAYS TO 07/30/2022 |
| Docket Date | 2022-06-30 |
| 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 | The Bank of New York Mellon, etc. |
| Docket Date | 2022-06-02 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Initial Brief |
| Description | Notice of Agreed Extension - Initial Brief |
| On Behalf Of | The Bank of New York Mellon, etc. |
| Docket Date | 2022-06-02 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 30 DAYS TO 06/30/2022 |
| Docket Date | 2022-05-23 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | Timothy M. Kardok |
| Docket Date | 2022-05-19 |
| Type | Record |
| Subtype | Record on Appeal Confidential |
| Description | Confidential Records ~ 92 PAGES |
| On Behalf Of | Clerk - Broward |
| Docket Date | 2022-03-18 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid Through Portal |
| On Behalf Of | The Bank of New York Mellon, etc. |
| Docket Date | 2022-03-14 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2022-03-14 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Docket Date | 2022-03-14 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | The Bank of New York Mellon, etc. |
| Docket Date | 2022-11-15 |
| 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 November 14, 2022 motion for extension of time is granted, and appellee shall serve the answer brief within thirty (30) days from the current due date. 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 | 2022-03-14 |
| 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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal 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 lower tribunal clerk's determination of indigent status is filed. |
| Classification | NOA Final - Circuit Civil - Other |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County 502020CA008179 |
Parties
| Name | TRANS GLOBAL FINANCIAL, LLC |
| Role | Appellant |
| Status | Active |
| Representations | Jeremy M. Zubkoff |
| Name | TGF Land Trust 7 Dated 7/12/21 |
| Role | Appellant |
| Status | Active |
| Name | UNITED STATES OF AMERICA INC. |
| Role | Appellee |
| Status | Active |
| Name | Axos Bank |
| Role | Appellee |
| Status | Active |
| Name | Joy Smith |
| Role | Appellee |
| Status | Active |
| Name | ROBERT B. SMITH INC. |
| Role | Appellee |
| Status | Active |
| Representations | Scott A. Weires, Ross Greenberg, Lee D. Mackson, Jeremy Scott Dicker, Lauren Bluestein |
| Name | THE OAKS AT BOCA RATON PROPERTY OWNERS ASSOCIATION, INC |
| Role | Appellee |
| Status | Active |
| Name | Hon. James Nutt |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk - Palm Beach |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2022-05-13 |
| Type | Disposition |
| Subtype | Dismissed |
| Description | Dismissed - Order by Clerk |
| Docket Date | 2022-05-13 |
| Type | Motions Other |
| Subtype | Motion/Notice Voluntary Dismissal |
| Description | Notice of Voluntary Dismissal ~ JOINT STIPULATION FOR DISMISSAL OF APPEAL AND CROSS APPEAL |
| On Behalf Of | Robert B. Smith |
| Docket Date | 2022-05-13 |
| Type | Disposition by Order |
| Subtype | Dismissed |
| Description | ORD-Grant Voluntary Dismissal (Joint) ~ At the request of the parties, this case is dismissed. |
| Docket Date | 2022-05-06 |
| Type | Notice |
| Subtype | Notice of Filing |
| Description | Notice of Filing ~ CIRCUIT COURT AGREED ORDER GRANTING THE JOINT MOTION TO DISBURSE REFUNDED SURPLUS FUNDS |
| On Behalf Of | Trans Global Financial, LLC |
| Docket Date | 2022-03-28 |
| Type | Order |
| Subtype | Order on Motion to Relinquish Jurisdiction |
| Description | Order Granting Relinquishment of Jurisdiction ~ ORDERED that the parties’ March 24, 2022 joint motion to relinquish jurisdiction is granted. Jurisdiction is relinquished to the trial court for forty-five (45) days for the limited purpose of ruling on the "joint motion to disburse refunded surplus." The appellant shall forward to this court a copy of any order issued during relinquishment. It is further ordered that the appellant shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellant to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties. |
| Docket Date | 2022-03-24 |
| Type | Motions Other |
| Subtype | Motion To Relinquish Jurisdiction |
| Description | Motion To Relinquish Jurisdiction ~ JOINT |
| On Behalf Of | Trans Global Financial, LLC |
| Docket Date | 2022-03-23 |
| 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 March 22, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before April 1, 2022. 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 | 2022-03-22 |
| 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 | Trans Global Financial, LLC |
| Docket Date | 2022-03-03 |
| 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 March 2, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before March 22, 2022. 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 | 2022-03-02 |
| 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 | Trans Global Financial, LLC |
| Docket Date | 2022-01-31 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Initial Brief |
| Description | Notice of Agreed Extension - Initial Brief |
| On Behalf Of | Trans Global Financial, LLC |
| Docket Date | 2022-01-31 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 30 DAYS TO 03/02/2022 |
| Docket Date | 2021-12-30 |
| Type | Order |
| Subtype | Order on Agreed Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ 30 DAYS TO 01/31/2022 |
| Docket Date | 2021-12-30 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Initial Brief |
| Description | Notice of Agreed Extension - Initial Brief |
| On Behalf Of | Trans Global Financial, LLC |
| Docket Date | 2021-12-07 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Received Records ~ 628 PAGES |
| On Behalf Of | Clerk - Palm Beach |
| Docket Date | 2021-12-06 |
| Type | Misc. Events |
| Subtype | Cross-Notice Filing Fee Paid through Portal |
| Description | CROSS NOTICE FILING FEE PAID THROUGH PORTAL |
| On Behalf Of | Robert B. Smith |
| Docket Date | 2021-12-06 |
| 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 November 22, 2021. The $295.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(b), Florida Statutes, is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellee/cross-appellant shall pay the $295.00 filing fee or file the lower tribunal 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 | 2021-12-03 |
| Type | Order |
| Subtype | Order on Miscellaneous Motion |
| Description | Grant Miscellaneous Motion ~ ORDERED that appellee's November 23, 2021 motion for leave of court to accept notice of cross-appeal is granted and the notice of cross-appeal is deemed filed as of the date of this order. |
| Docket Date | 2021-12-03 |
| Type | Notice |
| Subtype | Notice of Cross Appeal |
| Description | Notice of Cross Appeal |
| On Behalf Of | Clerk - Palm Beach |
| Docket Date | 2021-11-30 |
| Type | Order |
| Subtype | Order Striking Filing |
| Description | Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellees' November 29, 2021 objection is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order. |
| Docket Date | 2021-11-30 |
| Type | Response |
| Subtype | Objection |
| Description | Objection |
| On Behalf Of | Robert B. Smith |
| Docket Date | 2021-11-29 |
| Type | Response |
| Subtype | Objection |
| Description | Objection ~ **STRICKEN** |
| On Behalf Of | Robert B. Smith |
| Docket Date | 2021-11-23 |
| Type | Motions Other |
| Subtype | Miscellaneous Motion |
| Description | Miscellaneous Motion ~ FOR LEAVE OF COURT TO ACCEPT NOTICE OF CROSS-APPEAL |
| On Behalf Of | Robert B. Smith |
| Docket Date | 2021-10-28 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid Through Portal |
| On Behalf Of | Trans Global Financial, LLC |
| Docket Date | 2021-10-22 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2021-10-22 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Docket Date | 2021-10-22 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | Trans Global Financial, LLC |
| Docket Date | 2021-10-22 |
| 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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes, is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal 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 lower tribunal clerk's determination of indigent status is filed. |
| Classification | Discretionary Review - Notice of Appeal - Certified Question from USSC or USCA |
| Court | Supreme Court of Florida |
| Originating Court |
Unknown Court 19-11484 |
Parties
| Name | Fred Somers |
| Role | Appellant |
| Status | Active |
| Representations | MEGAN SAILLANT, RANDOLPH P. MURRELL |
| Name | UNITED STATES OF AMERICA INC. |
| Role | Appellee |
| Status | Active |
| Representations | Jordane E. Learn, Michael J. Harwin, Robert G. Davies |
| Name | Hon. David J. Smith |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2023-02-10 |
| Type | Miscellaneous Document |
| Subtype | Publish Full |
| Description | PUBLISH FULL |
| View | View File |
| Docket Date | 2023-01-17 |
| Type | Disposition |
| Subtype | **DISP-REHEARING |
| Description | DISP-REHEARING DY ~ Appellant's Motion for Rehearing and Clarification is hereby denied. |
| Docket Date | 2022-12-08 |
| Type | Response |
| Subtype | Response |
| Description | RESPONSE ~ United States' Response to Appellant's Motion for Rehearing and Clarification |
| On Behalf Of | UNITED STATES OF AMERICA |
| View | View File |
| Docket Date | 2022-12-01 |
| Type | Motion |
| Subtype | Rehearing |
| Description | MOTION-REHEARING ~ Appellant's Motion for Rehearing and Clarification |
| On Behalf Of | Fred Somers |
| View | View File |
| Docket Date | 2022-06-08 |
| Type | Event |
| Subtype | Oral Argument Held |
| Description | ORAL ARGUMENT HELD |
| Docket Date | 2022-05-10 |
| Type | Brief |
| Subtype | Reply-Merit (Amended) |
| Description | REPLY AMD BRIEF-MERITS ~ APPELLANT'S AMENDED REPLY BRIEF ON THE MERITS |
| On Behalf Of | Fred Somers |
| View | View File |
| Docket Date | 2022-05-09 |
| Type | Brief |
| Subtype | Answer-Merit (Amended) |
| Description | ANSWER AMD BRIEF-MERITS ~ AMENDED RESPONSE BRIEF OF THE UNITED STATES |
| On Behalf Of | UNITED STATES OF AMERICA |
| View | View File |
| Docket Date | 2022-02-21 |
| Type | Order |
| Subtype | Extension of Time (Merits Brief) |
| Description | ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS) ~ Petitioner's motion for extension of time is granted andpetitioner is allowed to and including April 6, 2022, in which toserve the reply brief on the merits. Multiple extensions of time forthe same filing are discouraged. Absent extenuatingcircumstances, subsequent requests may be denied. |
| Docket Date | 2022-05-04 |
| Type | Order |
| Subtype | Other Substantive |
| Description | ORDER-OTHER SUBSTANTIVE ~ The supplemental record was filed with this Court on May 3, 2022. The parties shall file the amended initial brief, amended answer brief, and amended reply brief, with appropriate citations, on or before May 11, 2022. The parties shall not make other changes to the briefs.Additionally, if the amended briefs cite to any document that is not included in the record or supplemental record before this Court, the party shall file an appendix that includes the document. The appendix shall be consecutively paginated and shall comply with Florida Rule of Appellate Procedure 9.220. Any documents that were confidential or sealed in the United States Court of Appeals for the Eleventh Circuit or the United States District Court for the Northern District of Florida shall be filed in this Court in a separate appendix, accompanied by a Notice of Confidential Information within Court Filing, pursuant to Florida Rule of General Practice and Judicial Administration 2.420. |
| Docket Date | 2022-05-03 |
| Type | Record |
| Subtype | Supplemental Record/Transcript |
| Description | SUPP RECORD/TRANSCRIPT ~ FILED ELECTRONICALLY |
| View | View File |
| Docket Date | 2022-04-26 |
| Type | Order |
| Subtype | Other Substantive |
| Description | ORDER-OTHER SUBSTANTIVE GR ~ State of Florida's motion for leave to appear at oral argument is hereby granted. A maximum of twenty minutes is allocated to the State of Florida for argument, but counsel is expected to use only so much of that time as is necessary. |
| Docket Date | 2022-04-19 |
| Type | Motion |
| Subtype | Other Substantive |
| Description | MOTION-OTHER SUBSTANTIVE ~ MOTION FOR LEAVE TO APPEARAT ORAL ARGUMENT |
| View | View File |
| Docket Date | 2022-04-13 |
| Type | Order |
| Subtype | Brief Stricken |
| Description | ORDER-BRIEF STRICKEN ~ The United States Court of Appeals for the Eleventh Circuit is requested to file a copy of the complete record in Fred Somers v. United States of America, Case No. 19-11484, on or before April 27, 2022. The record should be consecutively numbered, and comply with Florida Rule of Appellate Procedure 9.200.Additionally, Appellant's Initial Brief, Appellee's Answer Brief, and Appellant's Reply Brief do not comply with Florida Rule of Appellate Procedure 9.210, because they do not include a statement of the case and facts with references to the appropriate pages of the record or transcript. See Fla. R. App. P. 9.210(b)(3). Accordingly, the briefs and the appendix are hereby stricken. Appellant and Appellee shall file an amended initial brief, amended answer brief, and amended reply brief, with citations to the appropriate pages of the record or transcript, on or before May 11, 2022.This case remains scheduled for oral argument on Wednesday, June 8, 2022. |
| Docket Date | 2022-04-12 |
| Type | Order |
| Subtype | OA Schedule |
| Description | ORDER-OA SCHED ~ The above case is hereby scheduled for oral argument at 9:00 a.m., Wednesday, June 8, 2022. A maximum of twenty minutes to the side is allowed for the argument, but counsel is expected to use only so much of that time as is necessary.NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP. |
| Docket Date | 2022-04-06 |
| Type | Brief |
| Subtype | Reply-Merit |
| Description | REPLY BRIEF-MERITS ~ APPELLANT'S REPLY BRIEF ON THE MERITS * Stricken on 4/13/22 per order issued on 4/13/22. * |
| On Behalf Of | Fred Somers |
| View | View File |
| Docket Date | 2022-02-22 |
| Type | Notice |
| Subtype | Appearance |
| Description | NOTICE-APPEARANCE ~ Notice of Appearance |
| View | View File |
| Docket Date | 2022-02-18 |
| Type | Motion |
| Subtype | Ext of Time (Reply Brief-Merit) |
| Description | MOTION-EXT OF TIME (REPLY BRIEF-MERITS) ~ APPELLANT'S UNOPPOSED MOTION FOR A THIRTY-DAY EXTENSION OF TIME TO FILE REPLY BRIEF |
| On Behalf Of | Fred Somers |
| View | View File |
| Docket Date | 2022-02-04 |
| Type | Brief |
| Subtype | Answer-Merit |
| Description | ANSWER BRIEF-MERITS ~ Response Brief of the United States * Stricken on 4/13/22 per order issued on 4/13/22. * |
| On Behalf Of | UNITED STATES OF AMERICA |
| View | View File |
| Docket Date | 2022-01-19 |
| Type | Motion |
| Subtype | Amicus Curiae |
| Description | MOTION-AMICUS CURIAE ~ STATE OF FLORIDA'S MOTION FORLEAVE TO FILE AMICUS BRIEF |
| View | View File |
| Docket Date | 2021-12-27 |
| Type | Order |
| Subtype | Extension of Time (Merits Brief) |
| Description | ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS) ~ Appellee's motion for extension of time is granted, and appellee is allowed to and including February 9, 2022, in which to serve the answer brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.All other times will be extended accordingly. |
| Docket Date | 2021-12-27 |
| Type | Motion |
| Subtype | Ext of Time (Answer Brief-Merit) |
| Description | MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) ~ UNITED STATES' UNOPPOSED MOTION FOR 30-DAYEXTENSION OF TIME TO FILE ANSWER BRIEF |
| On Behalf Of | UNITED STATES OF AMERICA |
| View | View File |
| Docket Date | 2021-12-20 |
| Type | Order |
| Subtype | Extension of Time (Miscellaneous) |
| Description | ORDER-EXT OF TIME GR (MISC) ~ The State of Florida's motion for extension of time is granted and the State is allowed to and including January 19, 2022, in which to serve the amicus brief. |
| Docket Date | 2021-12-17 |
| Type | Motion |
| Subtype | Ext of Time |
| Description | MOTION-EXT OF TIME (MISC) ~ STATE OF FLORIDA'S MOTION FOR EXTENSIONOF TIME TO FILE AMICUS BRIEF |
| View | View File |
| Docket Date | 2021-10-15 |
| Type | Order |
| Subtype | Extension of Time (Merits Brief) |
| Description | ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) ~ Appellant's motion for extension of time is granted and appellant is allowed to and including December 10, 2021, in which to serve the initial brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.All other times will be extended accordingly. |
| Docket Date | 2021-10-14 |
| Type | Motion |
| Subtype | Ext of Time (Initial Brief-Merit) |
| Description | MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) ~ APPELLANT'S UNOPPOSED MOTION FOR A THIRTY-DAY EXTENSION OF TIME TO FILE INITIAL BRIEF |
| On Behalf Of | Fred Somers |
| View | View File |
| Docket Date | 2021-10-13 |
| Type | Notice |
| Subtype | Appearance |
| Description | NOTICE-APPEARANCE |
| On Behalf Of | Fred Somers |
| Docket Date | 2021-10-07 |
| Type | Response |
| Subtype | Response |
| Description | RESPONSE ~ GOVERNMENT'S UNOPPOSED RESPONSETO THE COURT'S OCTOBER 6, 2021 ORDER |
| On Behalf Of | UNITED STATES OF AMERICA |
| View | View File |
| Docket Date | 2021-10-06 |
| Type | Event |
| Subtype | No Fee - State |
| Description | No Fee - State ~ State |
| Docket Date | 2021-10-06 |
| Type | Record |
| Subtype | Record/Transcript |
| Description | RECORD/TRANSCRIPT ~ FILED ELECTRONICALLY |
| On Behalf Of | Fred Somers |
| View | View File |
| Docket Date | 2021-10-06 |
| Type | Letter-Case |
| Subtype | Acknowledgment Letter-New Case |
| Description | ACKNOWLEDGMENT LETTER-NEW CASE |
| Docket Date | 2021-10-06 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | NS:No Fee - State |
| Docket Date | 2021-10-06 |
| Type | Notice |
| Subtype | Certified Question |
| Description | CERTFD QUEST-US CT APL CIR11 |
| On Behalf Of | Fred Somers |
| View | View File |
| Docket Date | 2022-12-19 |
| Type | Miscellaneous Document |
| Subtype | Misc. Docket Entry |
| Description | MISC. DOCKET ENTRY ~ - Pro Se "Amended Motion for Rehearing" |
| View | View File |
| Docket Date | 2022-11-17 |
| Type | Disposition |
| Subtype | Cert Ques Fed - Answered Affirmative |
| Description | DISP-CERT QUES FED-ANSWERED AFFIRMATIVE ~ FSC-OPINION: For the reasons explained, we answered the rephrased first certified question in the affirmative and conclude that the first element of Florida's assault statute, section 784.011(1), requires not just the general intent to volitionally take the action of threatening to do violence, but also that the actor direct the threat at a target, namely, another person. We therefore return this case to the Eleventh Circuit Court of Appeals. It is so ordered. |
| View | View File |
| Docket Date | 2022-01-20 |
| Type | Order |
| Subtype | Amicus Curiae |
| Description | ORDER-AMICUS CURIAE GR ~ The motion for leave to file brief as amicus curiae filed by the State of Florida is hereby granted. The brief by the above referenced amicus curiae was filed with this Court on January 19, 2022. |
| Docket Date | 2022-01-19 |
| Type | Brief |
| Subtype | Amicus Curiae Initial |
| Description | AMICUS CURIAE INITIAL BRIEF-MERITS ~ AMICUS BRIEF OF THE STATE OF FLORIDAIN SUPPORT OF NEITHER PARTY |
| View | View File |
| Docket Date | 2021-12-09 |
| Type | Brief |
| Subtype | Initial-Merit |
| Description | INITIAL BRIEF-MERITS ~ APPELLANT'S INITIAL BRIEF ON THE MERITS * Stricken on 4/13/22 per order issued on 4/13/22. * |
| On Behalf Of | Fred Somers |
| View | View File |
| Docket Date | 2021-10-06 |
| Type | Order |
| Subtype | Brief Sched (Federal Cases) |
| Description | ORDER-BRIEF SCHED (FEDERAL CASES) ~ The Court, on October 6, 2021, received from the United States Court of Appeals for the Eleventh Judicial Circuit, the above case which certifies a question pursuant to Florida Rule of Appellate Procedure 9.150. The parties are hereby directed on or before October 18, 2021, to file a written response advising the Court who the moving party will be. If the parties fail to advise the Court who the moving party will be or cannot determine among themselves who the moving party will be, the appellant listed above shall be the moving party. Appellant's initial brief on the merits shall be served on or before November 10, 2021; appellee's answer brief on the merits shall be served thirty days after service of appellant's brief on the merits; and appellant's reply brief on the merits shall be served thirty days after service of appellee's brief on the merits. |
| Classification | NOA Final - Circuit Civil - Other |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County 562019CA002315 |
Parties
| Name | Sherman Balch |
| Role | Appellant |
| Status | Active |
| Name | Phillip Earl Lewis |
| Role | Appellee |
| Status | Active |
| Name | UNITED STATES OF AMERICA INC. |
| Role | Appellee |
| Status | Active |
| Name | THE MONEY SOURCE INC |
| Role | Appellee |
| Status | Active |
| Representations | Shannon Troutman, Jacob E. Ensor, Albertelli Law, Philip F. Reznik |
| Name | VILLAS OF TORINO COMMUNITY ASSOCIATION, INC. |
| Role | Appellee |
| Status | Active |
| Name | Hon. Elizabeth Metzger |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Clerk - St. Lucie |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2021-10-21 |
| Type | Motions Other |
| Subtype | Motion/Notice Voluntary Dismissal |
| Description | Notice of Voluntary Dismissal |
| On Behalf Of | Sherman Balch |
| Docket Date | 2021-10-21 |
| Type | Disposition by Order |
| Subtype | Dismissed |
| Description | Order Granting Voluntary Dismissal ~ Pursuant to the October 21, 2021 notice of voluntary dismissal, this case is dismissed. |
| Docket Date | 2021-10-21 |
| Type | Disposition |
| Subtype | Dismissed |
| Description | Dismissed - Order by Clerk |
| Docket Date | 2021-10-14 |
| Type | Order |
| Subtype | Order to File Status Report |
| Description | Order for Status Report Re: ROA ~ Upon consideration of the Notice of Inability to Complete Record filed by the clerk of the lower tribunal on October 6, 2021, appellant is ordered to file a report, within ten (10) days from the date of this order, as to the status of the payment for and preparation of the record on appeal. |
| Docket Date | 2021-10-07 |
| 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 October 6, 2021 motion for extension of time is granted, and appellant shall serve the initial brief on or before November 8, 2021. 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 | 2021-10-06 |
| 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 | Sherman Balch |
| Docket Date | 2021-10-06 |
| Type | Notice |
| Subtype | Notice |
| Description | Notice ~ OF INABILITY TO COMPLETE RECORD |
| On Behalf Of | Clerk - St. Lucie |
| Docket Date | 2021-09-20 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance |
| On Behalf Of | The Money Source, Inc. |
| Docket Date | 2021-08-05 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid Through Portal |
| On Behalf Of | Sherman Balch |
| Docket Date | 2021-08-02 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Docket Date | 2021-08-02 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | Sherman Balch |
| Docket Date | 2021-08-02 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2021-08-02 |
| 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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes, is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellant shall pay the $300.00 filing fee or file the lower tribunal 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 lower tribunal 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 lower tribunal 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 lower tribunal clerk's determination of indigent status is filed. |
| Classification | NOA Final - Circuit Civil - Other |
| Court | 3rd District Court of Appeal |
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County 16-18231 |
Parties
| Name | JUAN CONTRERAS |
| Role | Appellant |
| Status | Active |
| Representations | Michael J. Farrar, John Paul Arcia |
| Name | MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. |
| Role | Appellee |
| Status | Active |
| Name | Norma Contreras |
| Role | Appellee |
| Status | Active |
| Name | CACH, LLC |
| Role | Appellee |
| Status | Active |
| Name | Citibank, N.A. |
| Role | Appellee |
| Status | Active |
| Name | STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY |
| Role | Appellee |
| Status | Active |
| Name | HEARTWOOD 47, LLC |
| Role | Appellee |
| Status | Active |
| Representations | ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC, Vincent J. D'Antonio, Thomas J. Butler, RONALD M. EMANUEL, Doris M. Torres, ILEANA M. ALMEIDA |
| Name | UNITED STATES OF AMERICA INC. |
| Role | Appellee |
| Status | Active |
| Name | Hon. William Thomas |
| Role | Judge/Judicial Officer |
| Status | Active |
| Name | Miami-Dade Clerk |
| Role | Lower Tribunal Clerk |
| Status | Active |
Docket Entries
| Docket Date | 2021-11-18 |
| Type | Motions Relating to Records |
| Subtype | Motion to Supplement Record |
| Description | Motion to Supplement the Record |
| On Behalf Of | JUAN CONTRERAS |
| Docket Date | 2022-10-07 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| Docket Date | 2022-10-07 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2022-09-21 |
| Type | Disposition by Opinion |
| Subtype | Reversed |
| Description | Reversed - Per Curiam Opinion ~ Reversed and remanded; disbursement order vacated. |
| Docket Date | 2022-04-05 |
| Type | Misc. Events |
| Subtype | Oral Argument Date Set |
| Description | Oral Argument Date Set ~ 3DCA |
| Docket Date | 2022-03-21 |
| Type | Brief |
| Subtype | Supplemental Initial Brief |
| Description | Supplemental Appellant's Initial Brief ~ APPELLANT'S SUPPLEMENTAL BRIEFING IN RESPONSE TO COURTORDER |
| On Behalf Of | JUAN CONTRERAS |
| Docket Date | 2022-03-18 |
| Type | Brief |
| Subtype | Supplemental Answer Brief |
| Description | Supplemental Appellee's Answer Brief ~ SUPPLEMENTAL BRIEFING ADDRESSING THE IMPACT THE OPINION AND MANDATE IN CASE NO. 3D21-1226 HAVE ON THIS APPEAL |
| On Behalf Of | Heartwood 47, LLC |
| Docket Date | 2022-03-10 |
| Type | Order |
| Subtype | Order |
| Description | MISCELLANEOUS ORDER (OR999) ~ The parties to this appeal shall provide supplemental briefing, not to exceed five (5) pages in length each, on or before March 18, 2022, addressing the impact the Opinion and Mandate in case no. 3D21-1226 have on this appeal. The parties should also address whether this Court should cancel oral argument and temporarily relinquish jurisdiction to permit the lower court to reconsider the order on appeal in light of the Opinion in case no. 3D21-1226. See Fla. R. App. P. 9.600(b). The parties must confer before filing said supplemental briefing, and indicate in their respective briefing that such conferral occurred, as well as any agreed-upon suggested relief. EMAS, HENDON and BOKOR, JJ., concur. |
| Docket Date | 2022-03-09 |
| Type | Response |
| Subtype | Response |
| Description | RESPONSE ~ APPELLANT'S RESPONSE TO APPELLEE'S MOTION TO CANCELORAL ARGUMENT |
| On Behalf Of | JUAN CONTRERAS |
| Docket Date | 2022-03-09 |
| Type | Motions Other |
| Subtype | Miscellaneous Motion |
| Description | Miscellaneous Motion ~ MOTION TO DISPENSE WITH ORAL ARGUMENT |
| On Behalf Of | Heartwood 47, LLC |
| Docket Date | 2022-02-07 |
| Type | Notice |
| Subtype | Notice |
| Description | Notice ~ NOTICE OF ACKNOWLEDGMENT |
| On Behalf Of | Heartwood 47, LLC |
| Docket Date | 2022-01-31 |
| Type | Notice |
| Subtype | Notice of Oral Argument |
| Description | Notice of Oral Argument ~ The above-styled cause will be set for oral argument on TUESDAY, APRIL 5, 2022, at 9:30 A.M., before the Third District Court of Appeal, which is located at 2001 S.W. 117 Avenue, Miami, Florida 33175-1716.All counsel and self-represented parties (if applicable) who will appear to argue this cause before the Court must complete and return the attached Notice of Acknowledgment within seven (7) days of this Notice. The parties will be allowed FILLIN "10, 15 or 20 minutes" \* MERGEFORMAT fifteen (15) minutes per side to present their arguments. PLEASE NOTE THIS NOTICE AND THE ATTACHED ACKNOWLEDGEMENT FORM HAVE CHANGED. PLEASE READ CAREFULLY. THE PARTIES MAY SELECT IN-PERSON OR REMOTE APPEARANCE. COUNSEL (AND SELF-REPRESENTED PARTIES, IF APPLICABLE) MUST CONFER AND SEEK AGREEMENT UPON THE METHOD OF APPEARANCE (IN-PERSON OR REMOTE) PRIOR TO COMPLETING AND RETURNING THE ATTACHED NOTICE OF ACKNOWLEDGEMENT FORM. Upon receipt of the acknowledgement form, the Court shall send out a notice of in-person (if all parties agree to appear in-person), remote (if all parties agree to appear remotely), or hybrid (if one or more parties will appear in-person, but other(s) will appear remotely) oral argument.It is your responsibility to contact the Clerk’s office if you do not receive a notice reflecting the specific date and time for oral argument 7 days before the week specified above. If this is a criminal appeal, in compliance with Marsy’s Law, the State of Florida is hereby directed to provide notice of this oral argument to the victims, as defined by Marsy’s Law. The Court reserves the right to remove the case from the oral argument calendar at any time before the date of oral argument. Additionally, the Court reserves the right to change the date, time, and method of appearance of the oral argument. Please review any amended or updated notice carefully. Similar or related cases should be brought to the attention of the Oral Argument Clerk at (305) 229-3200 ext. 3258. Absence of counsel at the time this case is called shall be deemed a waiver of oral argument. |
| Docket Date | 2021-12-02 |
| Type | Notice |
| Subtype | Notice of Supplemental Authority |
| Description | Notice of Supplemental Authority |
| On Behalf Of | JUAN CONTRERAS |
| Docket Date | 2021-11-29 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Appellant's Reply Brief |
| On Behalf Of | JUAN CONTRERAS |
| Docket Date | 2021-11-23 |
| Type | Order |
| Subtype | Order on Motion to Supplement Record |
| Description | Mot to Supplement Rec w/attachment Granted (OG13) ~ Appellee’s Response to the Motion to Supplement the Record is noted. Appellant’s Motion to Supplement the Record, filed on November 18, 2021, is granted, and the record on appeal is supplemented to include the documents that are attached to said Motion. |
| Docket Date | 2021-11-19 |
| Type | Response |
| Subtype | Response |
| Description | RESPONSE ~ APPELLEE'S RESPONSE TO APPELLANT'S MOTION TOSUPPLEMENT THE RECORD |
| On Behalf Of | Heartwood 47, LLC |
| Docket Date | 2021-11-19 |
| Type | Motions Relating to Oral Argument |
| Subtype | Motion/Request for Oral Argument |
| Description | Motion For Oral Argument ~ REQUEST FOR ORAL ARGUMENT |
| On Behalf Of | Heartwood 47, LLC |
| Docket Date | 2021-11-19 |
| Type | Notice |
| Subtype | Notice of Related Case or Issue |
| Description | Notice of Similar or Related Case ~ NOTICE OF RELATED CASES |
| On Behalf Of | Heartwood 47, LLC |
| Docket Date | 2021-11-08 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Appellee's Answer Brief |
| On Behalf Of | Heartwood 47, LLC |
| Docket Date | 2021-11-04 |
| Type | Motions Other |
| Subtype | Motion To Dismiss |
| Description | Motion to Dismiss Denied (OD32) ~ The Response and Reply to the Motion to Dismiss the Appeal are noted. Upon consideration of Appellee’s Motion to Dismiss the Appeal, the Motion is hereby denied. EMAS, LINDSEY and GORDO, JJ., concur. |
| Docket Date | 2021-11-01 |
| Type | Response |
| Subtype | Reply |
| Description | REPLY ~ APPELLEE'S REPLY IN SUPPORT OF MOTION TO DISMISS APPEAL AND IN THE ALTERNATIVE TO REQUIRE A STATEMENT OF PROCEEDINGS |
| On Behalf Of | Heartwood 47, LLC |
| Docket Date | 2021-11-01 |
| Type | Motions Other |
| Subtype | Motion To Dismiss |
| Description | Motion To Dismiss ~ MOTION TO DISMISS APPEAL AND IN THE ALTERNATIVETO REQUIRE A STATEMENT OF PROCEEDINGS |
| On Behalf Of | Heartwood 47, LLC |
| Docket Date | 2021-11-01 |
| Type | Notice |
| Subtype | Notice of Filing |
| Description | Notice of Filing ~ NOTICE OF FILING APPELLANT'S RESPONSE TO MOTION TODISMISS AND ALTERNATIVE REQUEST TO REQUIRE ASTATEMENT OF PROCEEDING |
| On Behalf Of | Heartwood 47, LLC |
| Docket Date | 2021-10-13 |
| Type | Motions Extensions |
| Subtype | Motion for Extension of Time to Serve Answer Brief |
| Description | Mot. for Extension of time to file Answer Brief ~ MOTION FOR TWENTY (20) DAY EXTENSION OF TIMETO FILE ANSWER BRIEF |
| On Behalf Of | Heartwood 47, LLC |
| Docket Date | 2021-10-13 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time |
| Description | Clerk's notice granting eot (CLKEX) ~ AB-20 days to 11/02/2021 |
| Docket Date | 2021-09-13 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time |
| Description | Notice of Agreed Extension of Time |
| On Behalf Of | Heartwood 47, LLC |
| Docket Date | 2021-09-13 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time |
| Description | Recognizing Agreed Extension of Time ~ AB-30 days to 10/13/2021 |
| Docket Date | 2021-08-24 |
| Type | Notice |
| Subtype | Notice of Appearance |
| Description | Notice of Appearance ~ AMENDED NOTICE OF APPEARANCE AS COUNSELAND DESIGNATION OF EMAIL ADDRESS |
| On Behalf Of | Heartwood 47, LLC |
| Docket Date | 2021-08-18 |
| Type | Record |
| Subtype | Record on Appeal |
| Description | Record on Appeal |
| On Behalf Of | Miami-Dade Clerk |
| Docket Date | 2021-08-12 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief on Merits |
| On Behalf Of | JUAN CONTRERAS |
| Docket Date | 2021-08-12 |
| Type | Record |
| Subtype | Appendix |
| Description | Appendix |
| On Behalf Of | JUAN CONTRERAS |
| Docket Date | 2021-07-01 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | JUAN CONTRERAS |
| Docket Date | 2021-07-01 |
| Type | Order |
| Subtype | Order on Filing Fee |
| Description | Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for Appellant that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court on or before July 11, 2021. |
| Docket Date | 2021-07-01 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | A3:Paid In Full - $300 |
| Docket Date | 2021-07-01 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due. |
| Classification | NOA Final - Circuit Civil - Foreclosure |
| Court | 4th District Court of Appeal |
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County 502017CA008389XXXX |
Parties
| Name | Dominique Barteet |
| Role | Appellant |
| Status | Active |
| Representations | Chance McClain |
| Name | FORECLOSURE, INC. |
| Role | Appellant |
| Status | Active |
| Name | George J. Janssen |
| Role | Appellee |
| Status | Active |
| Name | Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, etc. |
| Role | Appellee |
| Status | Active |
| Representations | Adam Grant Schwartz, Kahane & Associates, P.A., Michael P. Hamaway, Scott A. Stoloff |
| Name | PRETIUM MORTGAGE ACQUISITION TRUST , INC. |
| Role | Appellee |
| Status | Active |
| Name | Frenchman's Landing Property Owners Assoc. Inc. |
| Role | Appellee |
| Status | Active |
| Name | Unknown Spouse of George Janssen |
| Role | Appellee |
| Status | Active |
| Name | Unknown Person(s) in Possession |
| Role | Appellee |
| Status | Active |
| Name | UNITED STATES OF AMERICA INC. |
| Role | Appellee |
| Status | Active |
| Name | Unknown Spouse of Dominique Barteet |
| Role | Appellee |
| Status | Active |
| Name | Small Business Administration |
| Role | Appellee |
| Status | Active |
| Name | Janart Development, LLC |
| 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 |
Docket Entries
| Docket Date | 2021-09-24 |
| Type | Brief |
| Subtype | Amended Answer Brief |
| Description | Amended Appellee's Answer Brief ~ KATHRYN R. JANSSEN, AS PERSONAL REPRESENTTIVE OF THE ESTATE OF GEORGE JANSSEN |
| On Behalf Of | Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, etc. |
| Docket Date | 9999-07-26 |
| Type | Misc. Events |
| Subtype | Miscellaneous Docket Entry |
| Description | Miscellaneous (DNU) ~ **Case numbers 20-2738 and 21-1969 are consolidated for ALL PURPOSES -- See case 20-2738 for all future entries** |
| Docket Date | 2022-04-01 |
| Type | Misc. Events |
| Subtype | West Publishing |
| Description | West Publishing |
| Docket Date | 2022-04-01 |
| Type | Mandate |
| Subtype | Mandate |
| Description | Mandate |
| Docket Date | 2022-03-10 |
| Type | Order |
| Subtype | Order on Motion For Attorney's Fees |
| Description | Order Granting Attorney Fees-Unconditionally ~ ORDERED that appellees’ September 1, 2021 motion for award of 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. Further,ORDERED that the motion for costs filed by Adam G. Schwartz is denied without prejudice to seek costs in the trial court.. |
| Docket Date | 2022-03-10 |
| Type | Disposition by Opinion |
| Subtype | Affirmed |
| Description | Affirmed - Per Curiam Affirmed |
| Docket Date | 2021-12-10 |
| 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 | 2021-10-07 |
| Type | Motions Relating to Oral Argument |
| Subtype | Motion/Request for Oral Argument |
| Description | Request for Oral Argument |
| On Behalf Of | Dominique Barteet |
| Docket Date | 2021-10-07 |
| Type | Brief |
| Subtype | Reply Brief |
| Description | Appellant's Reply Brief |
| On Behalf Of | Dominique Barteet |
| Docket Date | 2021-09-22 |
| Type | Order |
| Subtype | Order Striking Filing |
| Description | Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellee Kathryn R. Janssen, as Personal Representative of the Estate of George Janssen’s September 17, 2021 answer brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order. |
| Docket Date | 2021-09-20 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Reply Brief |
| Description | Notice of Agreed Extension - Reply Brief |
| On Behalf Of | Dominique Barteet |
| Docket Date | 2021-09-17 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Appellee's Answer Brief ~ KATHRYN R. JANSSEN, AS PERSONAL REPRESENTTIVE OF THE ESTATE OF GEORGE JANSSEN **STRICKEN** |
| On Behalf Of | Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, etc. |
| Docket Date | 2021-09-01 |
| Type | Motions Relating to Attorney Fees/Costs |
| Subtype | Motion For Attorney's Fees |
| Description | Motion For Attorney's Fees ~ *AND* COSTS (Wilmington Savings Fund Society) |
| On Behalf Of | Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, etc. |
| Docket Date | 2021-09-01 |
| Type | Brief |
| Subtype | Answer Brief |
| Description | Appellee's Answer Brief ~ WILMINGTON SAVINGS FUND SOCIETY, FSB, DBA, CHRISTIANA TRUST, NOT INDIVIDUALLY, BUT SOLELY AS TRUSTEE FOR PRETIUM MORTGAGE ACQUISITION TRUST |
| On Behalf Of | Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, etc. |
| Docket Date | 2021-08-24 |
| Type | Notice |
| Subtype | Notice of Agreed Extension of Time - Answer Brief |
| Description | Notice of Agreed Extension - Answer Brief ~ Wilmington Savings Fund Society |
| On Behalf Of | Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, etc. |
| Docket Date | 2021-07-27 |
| Type | Order |
| Subtype | Order on Motion for Extension of Time to Serve Answer Brief |
| Description | Order Granting EOT for Answer Brief ~ ORDERED that appellees Kathryn Janssen and Janart Development, LLC’s July 21, 2021 motion for extension of time is granted, and appellees shall serve the answer brief on or before September 17, 2021. In addition, appellees are notified that the failure to serve the brief within the time provided herein may foreclose appellees’ right to file a brief or otherwise participate in this appeal. |
| Docket Date | 2021-07-26 |
| Type | Order |
| Subtype | Order on Motion to Consolidate |
| Description | ORD-Granting Consolidation ~ ORDERED that case numbers 4D20-2738 and 4D21-1969 are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D20-2738. J.M.B. v. State, 776 So. 2d 353, 354 (Fla. 1st DCA 2001). |
| Docket Date | 2021-06-29 |
| Type | Order |
| Subtype | Order to File Response |
| Description | ORD-To File Response ~ ORDERED that the parties are directed to respond, within ten (10) days from the date of this order, as to why case numbers 4D20-2738 and 4D21-1969 should not be consolidated for all purposes. |
| Docket Date | 2021-06-24 |
| Type | Misc. Events |
| Subtype | Case Filing Fee Paid through Portal |
| Description | Case Filing Fee Paid Through Portal |
| On Behalf Of | Dominique Barteet |
| Docket Date | 2021-06-24 |
| 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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes, is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal 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 lower tribunal clerk's determination of indigent status is filed. |
| Docket Date | 2021-06-24 |
| Type | Letter |
| Subtype | Acknowledgment Letter |
| Description | Acknowledgment Letter |
| Docket Date | 2021-06-24 |
| Type | Brief |
| Subtype | Initial Brief |
| Description | Initial Brief on Merits |
| On Behalf Of | Dominique Barteet |
| Docket Date | 2021-06-23 |
| Type | Notice |
| Subtype | Notice of Appeal |
| Description | Notice of Appeal Filed |
| On Behalf Of | Dominique Barteet |
| Docket Date | 2021-06-23 |
| Type | Misc. Events |
| Subtype | Fee Status |
| Description | FP:Fee Paid Through Portal |
| Name | Date |
|---|---|
| ANNUAL REPORT | 2001-04-23 |
| Domestic Profit | 2000-01-28 |
Date of last update: 03 Apr 2025
Sources: Florida Department of State
