| Docket Date |
2014-07-14
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2014-06-26
|
| Type |
Order
|
| Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
| Description |
Rehearing denied (OD57) ~ Upon consideration, appellant¿s May 29, 2014 motion for rehearing is hereby denied. SUAREZ, FERNANDEZ and LOGUE, JJ., concur.
|
|
| Docket Date |
2014-06-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
| Description |
Rehearing denied (OD57) ~ Upon consideration, appellant¿s emergency motion for rehearing of order allowing his counsel to withdraw is hereby denied. Intervenor, Doris McNulty¿s motion to be allowed to intervene and related motion are hereby denied.SUAREZ, FERNANDEZ and LOGUE, JJ., concur.
|
|
| Docket Date |
2014-06-10
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Docket Entry ~ emergency intervenors notice to the court of having filed motion to intervene and response to motion for rehearing dated April 29, 2014
|
|
| Docket Date |
2014-06-09
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ motion to be allowed to intervene
|
|
| Docket Date |
2014-05-29
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
|
| Docket Date |
2014-05-15
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Denied (OD999) ~ Upon consideration, appellant¿s amended motion to strike take judicial notice and for sanctions is hereby stricken as unauthorized. SUAREZ, FERNANDEZ and LOGUE, JJ., concur.
|
|
| Docket Date |
2014-05-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to motion to withdraw
|
|
| Docket Date |
2014-05-14
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
Motion to Withdraw Granted (OG44) ~ The amended motion for leave to withdraw as counsel is granted, and the Wallen Law Firm, P.A., and Todd L. Wallen are withdrawn as counsel for appellant, and relieved from any further responsibility in this cause.
|
|
| Docket Date |
2014-05-14
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2014-05-13
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ (amended) take judicial and for sanctions
|
|
| Docket Date |
2014-05-09
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to motion to take judicial notice and for sanctions
|
|
| Docket Date |
2014-05-05
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
CESAR ERNESTO BALBIN
|
|
| Docket Date |
2014-05-02
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Docket Entry ~ request for permission to file motion to take judicial notice and for sanctions
|
|
| Docket Date |
2014-04-23
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 3rd DCA
|
|
| Docket Date |
2014-04-16
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion to Strike Denied (OD30) ~ Upon consideration, appellant¿s motion to strike Bankunited, N.A.¿s response in opposition to appellant¿s motion to compel is hereby denied. Upon consideration, appellant¿s motion to compel compliance with Section 607.1622(8) of the Florida Statutes and to bar appellee f rom participating in this proceeding absent proof of compliance is hereby denied.SUAREZ, FERNANDEZ and LOGUE, JJ., concur.
|
|
| Docket Date |
2014-04-11
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ RESPONSE IN OPPOSITION TO AA MOTION TO COMPEL
|
| On Behalf Of |
CESAR ERNESTO BALBIN
|
|
| Docket Date |
2014-04-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ in opposiotion to AA's motion to compel compliance
|
| On Behalf Of |
FAIRWAY MORTGAGE SOLUTIONS
|
|
| Docket Date |
2014-04-07
|
| Type |
Motions Other
|
| Subtype |
Motion To Compel
|
| Description |
Motion To Compel
|
| On Behalf Of |
CESAR ERNESTO BALBIN
|
|
| Docket Date |
2014-04-07
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Upon consideration, appellant¿s motion to strike portions of appellee¿s brief and for permission to file an amended reply brief is denied.Appellee¿s motion to strike is granted and the documents attached to appellant¿s motion dated October 10. 2013 are hereby stricken. The request to deny the motion to take judicial notice is moot because the motion to take judicial notice has been denied. SUAREZ, FERNANDEZ and LOGUE, JJ., concur.
|
|
| Docket Date |
2014-04-03
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Denied (OD999) ~ Upon consideration, appellant¿s motion for court to take judicial notice is hereby denied.SUAREZ, FERNANDEZ and LOGUE, JJ., concur.
|
|
| Docket Date |
2014-03-27
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ PORTIONS OF AE BRIEF AND FOR PERMISSION TO FILE AN AMENDED REPLY BRIEF
|
| On Behalf Of |
CESAR ERNESTO BALBIN
|
|
| Docket Date |
2014-03-26
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ and response in opposition to aa motion for court to take judicial notice
|
| On Behalf Of |
FAIRWAY MORTGAGE SOLUTIONS
|
|
| Docket Date |
2014-03-26
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
ORAL ARGUMENT RECEIPT ~ AA Todd L. Wallen 151203
|
|
| Docket Date |
2014-03-25
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ motion to take judicial notice of Bank United Federal lawsuit
|
| On Behalf Of |
CESAR ERNESTO BALBIN
|
|
| Docket Date |
2014-03-25
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
ORAL ARGUMENT RECEIPT ~ AE Michele A. Cavallaro 910309 AE Alan Rosenthal 220833 AE Jack R. Reiter 0028304 AA Todd L. Wallen 151203
|
|
| Docket Date |
2014-03-24
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
Notice of Oral Argument
|
|
| Docket Date |
2014-03-12
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Denied (OD999) ~ Appellant¿s motion to consolidate this appeal with case no. 3D13-2895 and to join in the emergency motion to stay sale of property is denied.
|
|
| Docket Date |
2014-03-11
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Emergency Motion To Stay
|
| On Behalf Of |
CESAR ERNESTO BALBIN
|
|
| Docket Date |
2014-03-10
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate ~ and to join in emerg. motion to stay
|
| On Behalf Of |
CESAR ERNESTO BALBIN
|
|
| Docket Date |
2014-03-07
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CESAR ERNESTO BALBIN
|
|
| Docket Date |
2014-02-05
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
Motion to Withdraw Granted (OG44) ~ The motion to withdraw as counsel is granted, and the law firm of Dieppa Law Firm, P.A. and Eduardo E. Dieppa, III, Esquire are withdrawn as counsel for appellant Cesar Balbin, and relieved from any further responsibility in this cause. Appellant is granted thirty (30) days from the date of this order to obtain new counsel.
|
|
| Docket Date |
2014-01-22
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
CESAR ERNESTO BALBIN
|
|
| Docket Date |
2014-01-16
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
CESAR ERNESTO BALBIN
|
|
| Docket Date |
2014-01-06
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
CESAR ERNESTO BALBIN
|
|
| Docket Date |
2013-12-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ RB-20 days to 1/13/14
|
|
| Docket Date |
2013-12-12
|
| 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 |
CESAR ERNESTO BALBIN
|
|
| Docket Date |
2013-12-05
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
FAIRWAY MORTGAGE SOLUTIONS
|
|
| Docket Date |
2013-12-04
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
FAIRWAY MORTGAGE SOLUTIONS
|
|
| Docket Date |
2013-11-14
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Initial Brief
|
| On Behalf Of |
CESAR ERNESTO BALBIN
|
|
| Docket Date |
2013-11-12
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal ~ 1 volume.
|
|
| Docket Date |
2013-10-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing and Rehearing En Banc
|
| Description |
Rehearing & Rehearing en banc denied (OD57A) ~ Upon consideration, appellant¿s supplement motion for rehearing of the order on appeal is hereby denied. WELLS, SUAREZ and SALTER, JJ., concur. Appellant¿s motion for rehearing en banc on order resulting from order to show cause is denied.
|
|
| Docket Date |
2013-10-29
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ Appellant¿s motion to amend initial brief to incorporate the supplemental record is granted, and the appellant is granted ten (10) days to file the amended initial brief.
|
|
| Docket Date |
2013-10-29
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2013-10-28
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ Appellant¿s motion to amend record to include sworn affidavits and other documents is granted as stated in the motion.
|
|
| Docket Date |
2013-10-25
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ motion to amend initial brief to incorporate the supplemented record
|
| On Behalf Of |
CESAR ERNESTO BALBIN
|
|
| Docket Date |
2013-10-23
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ Appellant¿s motion to amend record to include sworn affidavits and other documents is granted as stated in the motion.
|
|
| Docket Date |
2013-10-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Extension Granted for Initial Brief (OGO3) ~ Appellant¿s second motion for an extension of time to file the initial brief is granted as stated in the motion.
|
|
| Docket Date |
2013-10-14
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
CESAR ERNESTO BALBIN
|
|
| Docket Date |
2013-10-02
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ Appellant¿s request to take judicial notice of documents is granted as stated in the motion.
|
|
| Docket Date |
2013-09-30
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Docket Entry ~ REQUEST TO TAKE JUDICIAL NOTICE AA Eduardo E. Dieppa Iii
|
|
| Docket Date |
2013-09-04
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Upon consideration of the responses to the July 31, 2013 correctedorder to show cause:1.With respect to attorney Eduardo E. Dieppa, III and Dieppa Law Firm, P.A., the order to show cause is discharged. The Court has noted the voluntary dismissal of the appeals in consolidated Cases No. 3D13-1651, Balbin v. Bank United FSB, and 3D13-1748, McNulty v. Bank United FSB.2.With respect to Cesar Balbin, a sanction must be imposed. Both before and after entry of the order to show cause, Mr. Balbin filed hundreds of pages of irrelevant and scandalous pleadings. In this case, which essentially involved the trial court¿s dismissal of Mr. Balbin¿s mortgage foreclosure action as a sham, Mr. Balbin has filed affidavits, requests for judicial notice, and attachments relating to: (a) alleged criminal activity over twenty years ago, supposedly by persons not parties to this appeal or the underlying case; (b) an alleged destruction of Mr. Balbin¿s home by arson in 1996; (c) Mr. Balbin¿s alleged molestation as a child by a priest; (d) references to unrelated newspaper articles and a Judicial Qualifications Commission complaint; and (e) disparaging comments and allegations relating to numerous current and former circuit judges in unrelated matters. Mr. Balbin also reports a concern that a family member, ¿uncle Tony Cuesta, was the founder of Commandos I, responsible for many deaths and who is now blamed by some for the death John F. Kennedy.¿3.A review of Mr. Balbin¿s personal filings and attachments in this case¿though represented by counsel (who did not sign the filings)¿reveals that this is not an isolated instance of clogging judicial dockets with frivolous, irrelevant, cumulative, and scandalous documents. Mr. Balbin admits that he is under great personal stress and that he faces substantial medical and personal issues. He has been counseled on numerous occasions to stick to the facts of a particular case, and he has refused to do so.4.Although not yet final, this Court recently detailed in Lomax v. Reynolds, 2013 Fla. App. Lexis 13691 (Fla. 3d DCA Aug. 28, 2013), the case law regarding abusive and vexatious litigation. Mr. Balbin¿s pleadings clearly warrant a prohibition on future pro se filings in this Court under the standards articulated in Lomax and in Lussy v. Fourth District Court of Appeal, 828 So. 2d 1026 (Fla. 2002).5.Therefore, Mr. Balbin is prohibited from further self-representation in this Court regarding these consolidated appeals or the property at issue in them:LOT 5, BLOCK 94, OCEAN BEACH ADDITION NO. 3, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, AT PAGE 81, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. [Also known as 1324 Michigan Avenue, Miami Beach, Florida 33139].We direct the Clerk of this Court to reject any further filings made by Mr. Balbin in any such cases unless signed by a member in good standing of The Florida Bar.6.A copy of this Order shall also be sent by the Clerk of this Court to the judge of the lower tribunal.
|
|
| Docket Date |
2013-08-27
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
FAIRWAY MORTGAGE SOLUTIONS
|
|
| Docket Date |
2013-08-23
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CESAR ERNESTO BALBIN
|
|
| Docket Date |
2013-07-31
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ CORRECTED ORDERUpon consideration of the appellant¿s ¿emergency filing affidavit ofCesar Balbin in support of oral argument to stop fraud by BankUnited beingperpetrated upon this court¿ and the motion for the court to take judicial notice, theappellant and his counsel are directed to show cause in writing, within ten (10)days from the date of this order, why each of them should not be sanctioned undersection 57.105, Florida Statutes (2013), and Florida Rule of Appellate Procedure9.410. See, e.g., Biermann v. Cook, 619 So. 2d 1029 (Fla. 2d DCA 1993).Upon the court¿s own motion, this case shall be consolidated withthose appeals pending before the court which involve the same underlyingproperty, 1324 Michigan Avenue, Miami Beach, parties and counsel for theappellants:Case No. 3D13-1501, Balbin v. Fairway Mortgage;Case No. 3D13-1651, Balbin v. BankUnited; andCase No. 3D13-1748, McNulty v. BankUnited.In Case No. 3D13-1501, the appellant¿s motion for an extension ofninety (90) days within which to file the initial brief is denied, inasmuch as: (1) thenotice of appeal was filed June 7, 2013, and it presently appears that ample timeremains for the preparation of the record and an initial brief; (2) counsel for themovant failed to certify consultation with opposing counsel as required by FloridaRule of Appellate Procedure 9.300(a); and (3) the court is concerned that the fourpending consolidated appeals may involve dilatory, frivolous claims and motionson the part of the appellants and counsel for the appellants.Type text of miscellaneous order.
|
|
| Docket Date |
2013-07-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Extension Granted for Initial Brief (OGO3) ~ Appellant¿s motion for an extension of time to file the initial brief is granted to and including ninety (90) days from the date of this order.
|
|
| Docket Date |
2013-07-08
|
| 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 |
CESAR ERNESTO BALBIN
|
|
| Docket Date |
2013-07-08
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
CESAR ERNESTO BALBIN
|
|
| Docket Date |
2013-06-24
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Docket Entry ~ certificate of service PS Cesar Balbin JU Hon. Ronald C. Dresnick CC Harvey Ruvin AE Jack R. Reiter 0028304
|
|
| Docket Date |
2013-06-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
FAIRWAY MORTGAGE SOLUTIONS
|
|
| Docket Date |
2013-06-18
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ of designation of email addresses
|
|
| Docket Date |
2013-06-13
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ Conformed copy of final order is attached.
|
| On Behalf Of |
CESAR ERNESTO BALBIN
|
|
| Docket Date |
2013-06-12
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/o atty (OR14C) ~ This is to notify 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 ($300.00) dollar fee is paid to the Clerk of the Court by cash, cashier¿s check or money order on or before June 22, 2013.
|
|
| Docket Date |
2013-06-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
CESAR ERNESTO BALBIN
|
|
| Docket Date |
2013-06-10
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
