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NATIONAL EQUITY RECOVERY SERVICES INC., Appellant(s) v. JOSEPH LOUIS DI BERNARDO, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JOSEPH DI BERNARDO AND THE RECOVERY AGENTS, LLC, Appellee(s).
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6D2024-0722
|
2024-04-08
|
Open
|
|
| Classification |
NOA Final - County Civil - Foreclosure/RealProperty/Mortgage
|
| Court |
6th District Court of Appeal
|
| Originating Court |
County Court for the Twentieth Judicial Circuit, Lee County
22-CC-005486
|
Parties
| Name |
NATIONAL EQUITY RECOVERY SERVICES, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
DONALD HARRISON, ESQ., Thomas John Butler
|
|
| Name |
JOSEPH LOUIS DI BERNARDO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ESTATE OF JOSEPH DI BERNARDO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
THE RECOVERY AGENTS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Rachel Mendes Coe
|
|
| Name |
HONORABLE NICOLE LYNN MIRRA
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
KEVIN KARNES, CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-10-28
|
| Type |
Order
|
| Subtype |
Order Relinquishing Jurisdiction
|
| Description |
Appellant's motion to relinquish jurisdiction is granted. Jurisdiction is relinquished for forty-five days from the date of this order for trial court to file a completion of evidence or proceedings pursuant to Florida Rule of Appellate Procedure 9.200(b)(5). Appellant shall file a status report within forty-five days from the date of this order to indicate whether this appeal is ready to proceed.
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| View |
View File
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|
| Docket Date |
2024-09-24
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| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE TO APPELLANT'S MOTION TO RELINQUISH
|
| On Behalf Of |
RECOVERY AGENTS, LLC
|
|
| Docket Date |
2024-09-11
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Appellee shall respond to the motion to relinquish within ten days from the date of this order.
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| View |
View File
|
|
| Docket Date |
2024-08-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
The motion for extension of time to file the initial brief is granted. The initial brief shall be served within twenty days from the date of this order.
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| View |
View File
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|
| Docket Date |
2024-08-09
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
APPELLANT'S MOTION TO RELINQUISH JURISDICTION
|
| On Behalf Of |
NATIONAL EQUITY RECOVERY SERVICES INC.
|
|
| Docket Date |
2024-07-25
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
UNOPPOSED MOTION FOR TWENTY DAY EXTENSION OF TIME TO
FILE INITIAL BRIEF BY AUGUST 13, 2024
|
| On Behalf Of |
NATIONAL EQUITY RECOVERY SERVICES INC.
|
|
| Docket Date |
2024-07-17
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
RECOVERY AGENTS, LLC
|
|
| Docket Date |
2024-07-16
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
Upon consideration of Appellant's response to this Court's order, this Court's order to show cause requiring Appellant to submit an amended certificate of service is hereby discharged.
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| View |
View File
|
|
| Docket Date |
2024-07-08
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Appellant's motions for extension of time to serve its initial brief are granted. The initial brief shall be served on or before July 24, 2024.
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| View |
View File
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|
| Docket Date |
2024-06-27
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| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
APPELLANT'S MOTION FOR THIRTY (30) DAY EXTENSION OF TIME
TO FILE INITIAL BRIEF ON APPEAL AND RESPONSE TO COURT
ORDER DATED APRIL 12, 2024
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| On Behalf Of |
NATIONAL EQUITY RECOVERY SERVICES INC.
|
|
| Docket Date |
2024-06-24
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
NATIONAL EQUITY RECOVERY SERVICES INC.
|
|
| Docket Date |
2024-06-11
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
MIRRA - REDACTED - 327 PAGES
|
| On Behalf Of |
KEVIN KARNES, CLERK
|
|
| Docket Date |
2024-06-10
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
NOTICE OF INABILITY TO TRANSMIT THE RECORD
|
| On Behalf Of |
KEVIN KARNES, CLERK
|
|
| Docket Date |
2024-04-24
|
| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
|
| Docket Date |
2024-04-17
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| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal - certified copy of NOA
|
| On Behalf Of |
KEVIN KARNES, CLERK
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|
| Docket Date |
2024-04-12
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| Type |
Order
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| Subtype |
Certify Notice of Appeal
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| Description |
Notice to be Certified ~ Appellant filed the notice of appeal in this court. A copy is attached tothis order. The lower tribunal clerk shall promptly certify the notice and returnit to this court as with any notice of appeal, accompanied by any order ofindigency that may have been entered by the lower tribunal. The notice ofappeal shall be returned for filing in this case number.
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|
| Docket Date |
2024-04-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2024-04-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ NOT CERTIFIED WITH ORDER. FILING FEE ATTACHED.
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| On Behalf Of |
NATIONAL EQUITY RECOVERY SERVICES INC.
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|
| Docket Date |
2024-04-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2025-01-08
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time
|
| Description |
APPELLANT'S MOTION FOR EXTENSION OF TIME FOR TWENTY
DAYS TO SERVE A SUPPLEMENT TO ITS MOTION TO DIRECT THE
LOWER TRIBUNAL CLERK TO TRANSMIT THE STATEMENT OF
EVIDENCE
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| On Behalf Of |
NATIONAL EQUITY RECOVERY SERVICES INC.
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|
| Docket Date |
2024-12-30
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| Type |
Order
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| Subtype |
Order on Motion to Supplement Record
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| Description |
Within ten days from the date of this order, Appellant shall serve a supplement to its motion to direct the lower tribunal clerk to transmit the statement of evidence to indicate whether the statement of evidence has been settled and approved by the lower tribunal. See Fla. R. App. P. 9.200(b)(4).
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| View |
View File
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| Docket Date |
2024-12-17
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| Type |
Motions Relating to Records
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| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
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| Description |
APPELLANT'S UNOPPOSED MOTION TO DIRECT CLERK TO
TRANSMIT THE STATEMENT OF EVIDENCE AND TO TOLL THE
FILING OF THE INITIAL BRIEF BY SIXTY DAYS FROM RECEIPT OF
THE STATEMENT OF EVIDENCE
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| On Behalf Of |
NATIONAL EQUITY RECOVERY SERVICES INC.
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|
| Docket Date |
2024-12-12
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| Type |
Misc. Events
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| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
NATIONAL EQUITY RECOVERY SERVICES INC.
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|
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NATIONAL EQUITY RECOVERY SERVICES, INC., Appellant(s) v. OAKBROOK CONDOMINIUM ASSOC., INC., Appellee(s).
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4D2024-0748
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2024-03-22
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Closed
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|
| Classification |
NOA Final - County Civil - Foreclosure/RealProperty/Mortgage
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| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CONO21026198
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Parties
| Name |
NATIONAL EQUITY RECOVERY SERVICES, INC.
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| Role |
Appellant
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| Status |
Active
|
| Representations |
Vincent J. D'Antonio
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|
| Name |
Oakbrook Condominium Assoc. Inc.
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| Role |
Appellee
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| Status |
Active
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| Representations |
Ashton Rooks, Elaine M Gatsos, Mitchell Ceasar
|
|
| Name |
Hon. Kim Theresa Mollica
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-09-17
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
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| Description |
ORDERED sua sponte that the above-styled appeal is dismissed for failure to comply with this court's August 30, 2024 order.
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| View |
View File
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| Docket Date |
2024-08-01
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| Type |
Order
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| Subtype |
Order to File Status Report
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| Description |
ORDERED that Appellant is directed to file a status report, within ten (10) days from the date of this order, regarding the progress being made toward the pending motion for reconsideration/clarification.
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| View |
View File
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| Docket Date |
2024-06-26
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| Type |
Order
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| Subtype |
Order on Motion to Relinquish Jurisdiction
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| Description |
ORDERED that appellant's May 29, 2024 motion to relinquish jurisdiction is granted. Jurisdiction is relinquished to the trial court for thirty (30) days to address the pending motion for reconsideration/clarification. 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 the 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.
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| View |
View File
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| Docket Date |
2024-05-29
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| Type |
Motions Other
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| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction
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|
| Docket Date |
2024-05-21
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| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal -- 206 pages
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| On Behalf Of |
Broward Clerk
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|
| Docket Date |
2024-03-25
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| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Civil Cover Sheet
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-03-25
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| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
| On Behalf Of |
Broward Clerk
|
|
| Docket Date |
2024-03-25
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
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| On Behalf Of |
National Equity Recovery Services, Inc.
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| View |
View File
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| Docket Date |
2024-03-22
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| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
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|
| Docket Date |
2024-03-22
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| Type |
Letter
|
| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-03-22
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| Type |
Order
|
| Subtype |
Order on Filing Fee
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| Description |
Order on Filing Fee
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| View |
View File
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|
| Docket Date |
2024-08-30
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| Type |
Order
|
| Subtype |
Show Cause re Compliance with Prior Order
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| Description |
ORDERED that Appellant in the above-styled case is directed to show cause in writing, if any there be, on or before September 9, 2024, why the above-styled case should not be dismissed for failure to comply with this court's August 1, 2024 order. Failure to respond to this order will result in a sua sponte dismissal without further notice.
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| View |
View File
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NATIONAL EQUITY RECOVERY SERVICES, INC. VS IMPERIAL FUND TRUST, et al.
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4D2022-1683
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2022-06-22
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Closed
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|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE-21-004018
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Parties
| Name |
NATIONAL EQUITY RECOVERY SERVICES, INC.
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| Role |
Appellant
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| Status |
Active
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| Representations |
Thomas J. Butler, Vincent D'Antonio
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|
| Name |
FORECLOSURE, INC.
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| Role |
Appellant
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| Status |
Active
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|
| Name |
NEVES NASCIMENTO PROPERTIES LLC
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| Role |
Appellee
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| Status |
Active
|
|
| Name |
Imperial Fund Trust
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| Role |
Appellee
|
| Status |
Active
|
| Representations |
Megan D. Widmeyer
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|
| Name |
Hon. Andrea Gundersen
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| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
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Docket Entries
| Docket Date |
2023-06-12
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| Type |
Misc. Events
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| Subtype |
West Publishing
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| Description |
West Publishing
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|
| Docket Date |
2023-06-09
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| Type |
Mandate
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| Subtype |
Mandate
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| Description |
Mandate
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|
| Docket Date |
2023-05-24
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| Type |
Disposition
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| Subtype |
Granted
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| Description |
Granted - Authored Opinion
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|
| Docket Date |
2023-02-17
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| Type |
Petition
|
| Subtype |
Petition Certiorari
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| Description |
Petition for Certiorari Filed
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| On Behalf Of |
National Equity Recovery Services, Inc.
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|
| Docket Date |
2023-02-03
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| Type |
Order
|
| Subtype |
Order Reclassifying Case
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| Description |
ORD-NOA Treated as Writ ~ ORDERED that this appeal will be treated as a petition for certiorari, as the order sought to be reviewed is neither a non-final appealable order nor a final order. The order did not change venue of this proceeding, nor did it finally determine any issue. In essence the order granted a stay of the proceedings to determine entitlement to the surplus funds from the foreclosure sale. To warrant the granting of a writ of certiorari, a petitioner must establish both 1) irreparable harm not remediable by appeal from a final order; and 2) departure from the essential requirements of law. Petitioner must file a supplemental petition within fifteen (15) days setting forth the basis for this court’s jurisdiction pursuant to the first element. Petitioner may address the second element in the petition.
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| Docket Date |
2023-01-24
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| Type |
Order
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| Subtype |
Order
|
| Description |
ORD-Moot ~ ORDERED that the motion to direct appellee to file a brief or be precluded from filing a brief is moot. Where a party fails to file a brief and does not request an extension, the court treats the case as at issue and ready for assignment to a panel of judges for decision. No "default" is required.
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| Docket Date |
2023-01-20
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ *AMENDED*
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| On Behalf Of |
National Equity Recovery Services, Inc.
|
|
| Docket Date |
2022-10-04
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
National Equity Recovery Services, Inc.
|
|
| Docket Date |
2022-09-16
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 409 PAGES
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| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-09-13
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant's September 9, 2022 status report is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service or the certificate of service does not comply in substance with the requirements of Florida Rule of General Practice and Judicial Administration 2.516(f).
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|
| Docket Date |
2022-09-13
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
National Equity Recovery Services, Inc.
|
|
| Docket Date |
2022-09-12
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ ***STRICKEN***
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| On Behalf Of |
National Equity Recovery Services, Inc.
|
|
| Docket Date |
2022-09-07
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Affidavit of Non-Payment of Appeal Invoice filed by the clerk of the lower tribunal on July 29, 2022, it is ORDERED that appellant shall file a report, within five (5) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
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| Docket Date |
2022-09-06
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ ORDERED that, upon consideration of the appellant’s July 8, 2022 jurisdictionalbrief, this appeal shall proceed.
|
|
| Docket Date |
2022-07-29
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| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
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| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-07-28
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellees are directed to respond, within ten (10) days from the date of this order, to appellant’s July 8, 2022 jurisdictional brief.
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|
| Docket Date |
2022-07-08
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
National Equity Recovery Services, Inc.
|
|
| Docket Date |
2022-07-06
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-07-01
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-06-28
|
| 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, appellant 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. Appellant shall specifically address whether appellant has standing to appeal the May 25, 2022 order, as it appears appellant is not a party to the underlying action. See Portfolio Invs. Corp. v. Deutsche Bank Nat'l Tr. Co., 81 So. 3d 534, 536 (Fla. 3d DCA 2012) ("Generally, a non-party in the lower tribunal is a 'stranger to the record' and, therefore lacks standing to appeal an order entered by the lower tribunal.") (quoting Barnett v. Barnett, 705 So. 2d 63, 64 (Fla. 1997)). Further,Appellees may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2022-06-23
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
National Equity Recovery Services, Inc.
|
|
| Docket Date |
2022-06-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-06-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ ORDERS ATTACHED.
|
| On Behalf Of |
National Equity Recovery Services, Inc.
|
|
| Docket Date |
2022-06-23
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Appellant to File Order Appealed-Civil ~ ORDERED that appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order being appealed. See Fla. R. App. P. 9.110(d). This copy must contain a legible stamp from the clerk of the lower tribunal, showing the date and time the order being appealed was filed in that office.
|
|
| Docket Date |
2022-06-22
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
National Equity Recovery Services, Inc.
|
|
| Docket Date |
2022-06-22
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
|
|
|
NATIONAL EQUITY RECOVERY SERVICES, INC., VS JUAN CARLOS LIMONGI, et al.,
|
3D2017-0711
|
2017-03-31
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
11-149
|
Parties
| Name |
NATIONAL EQUITY RECOVERY SERVICES, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Vincent J. D'Antonio, RAFAEL E. DE ARAUJO
|
|
| Name |
Eliana Valverde
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ISLANDS AT DORAL MASTER ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Juan Carlos Limongi
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
LEVINE LAW GROUP, GREGORY R. EISINGER, Alexander E. Borell, SYDNEY E. SCHEINMAN
|
|
| Name |
Hon. Jennifer D. Bailey
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-05-29
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-05-29
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2018-05-09
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2017-10-02
|
| Type |
Order
|
| Subtype |
Order Precluding Appellee from Oral Argument
|
| Description |
Appellee Precluded from O/A (OR25C) ~ It appearing unto the Court that appellees’ answer brief was due to be filed in this cause on or before July 15, 2017, that on August 25, 2017 this Court entered an order directing appellee(s) to file said brief or be subject to sanctions, and that, as of the date of this order, no answer brief has been filed in accordance with the Florida Rules of Appellate Procedure and the prior order of this Court, be it therefore ordered and adjudged that appellee(s) shall be precluded from filing an answer brief and from presenting (unless otherwise ordered) an oral argument to the Court in this cause. Nothing in this order shall preclude the filing of, at anytime prior to final decision in this cause, a memorandum of points and authorities in support of appellees’ position in this appeal which shall be no more than three (3) letter size pages in length. See Fla. R. App. P. 9.410.
|
|
| Docket Date |
2017-08-25
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
AE to file answer brief w/in 10 days (OR21B) ~ The appellees are directed to file an answer brief in this cause within ten (10) days from the date of this order or be precluded from filing a brief and/or presenting an oral argument to the court in this cause. See Fla. R. App. P. 9.410.
|
|
| Docket Date |
2017-06-20
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
|
| Docket Date |
2017-06-20
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
NATIONAL EQUITY RECOVERY SERVICES, INC.
|
|
| Docket Date |
2017-04-07
|
| 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 ($300.00) dollar fee is paid to the Clerk of the Court on or before April 17, 2017.
|
|
| Docket Date |
2017-03-31
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
NATIONAL EQUITY RECOVERY SERVICES, INC.
|
|
| Docket Date |
2017-03-31
|
| 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 |
2017-03-31
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
VINNETTE RIVERA AND HER ASSIGNEE NATIONAL EQUITY RECOVERY SERVICES, INC. VS ESTATE OF PEDRO YANES A/K/A PEDRO YANES-RAMOS
|
5D2017-0626
|
2017-03-02
|
Closed
|
|
| Classification |
NOA Final - Circuit Probate - Probate
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifth Judicial Circuit, Marion County
2016-CP-1779
|
Parties
| Name |
VINNETTE RIVERA
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
RAFAEL De ARAUJO
|
|
| Name |
NATIONAL EQUITY RECOVERY SERVICES, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ESTATE OF PEDRO YANES
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
RUSSELL W. LAPEER, DENNIS D. CAMP, VINCENT J. D'ANTONIO
|
|
| Name |
Hon. S. Sue Robbins
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk Marion
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-12-11
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD EFILED
|
|
| Docket Date |
2017-12-11
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2017-11-21
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2017-09-05
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
NOTICE OF ORAL ARGUMENT
|
|
| Docket Date |
2017-07-21
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument ~ AMENDED
|
| On Behalf Of |
ESTATE OF PEDRO YANES
|
|
| Docket Date |
2017-07-21
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
ESTATE OF PEDRO YANES
|
|
| Docket Date |
2017-07-11
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 26 PAGES
|
| On Behalf Of |
Clerk Marion
|
|
| Docket Date |
2017-06-30
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-Discharging Show Cause
|
|
| Docket Date |
2017-06-29
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief
|
| On Behalf Of |
VINNETTE RIVERA
|
|
| Docket Date |
2017-06-21
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ W/IN 10 DAYS; DISCHARGED 6/30
|
|
| Docket Date |
2017-04-11
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-Discharging Show Cause ~ 3/21 OTSC DISCHARGED. CASE TO PROCEED AS FINAL. ROA DUE W/I 110 DYS; AMENDED IB DUE W/I 70 DYS. 3/10 IB STRICKEN.
|
|
| Docket Date |
2017-03-31
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
VINNETTE RIVERA
|
|
| Docket Date |
2017-03-21
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ AA W/I 10 DAYS...;AE FILE RESPONSE W/I 10 DAYS
|
|
| Docket Date |
2017-03-21
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
ESTATE OF PEDRO YANES
|
|
| Docket Date |
2017-03-10
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ ***STRICKEN PER 4/11 ORDER***
|
| On Behalf Of |
VINNETTE RIVERA
|
|
| Docket Date |
2017-03-02
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
ORD-From Circuit Court/Agency
|
|
| Docket Date |
2017-03-02
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee - Civil appeal (300)
|
|
| Docket Date |
2017-03-02
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 2/23/17
|
| On Behalf Of |
VINNETTE RIVERA
|
|
| Docket Date |
2017-03-02
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
|
|
NATIONAL EQUITY RECOVERY SERVICES, INC., etc., VS US BANK NATIONAL ASSOCIATION,
|
3D2014-0740
|
2014-04-04
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
10-62314
|
Parties
| Name |
NATIONAL EQUITY RECOVERY SERVICES, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
JULIANA FLOR
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
RAFAEL E. DE ARAUJO
|
|
| Name |
U.S. Bank, N.A.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
RILEY W. CIRULNICK, Bruce Hornstein
|
|
| Name |
Hon. Peter R. Lopez
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-03-13
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2015-03-13
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2015-02-25
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2014-12-04
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
JULIANA FLOR
|
|
| Docket Date |
2014-11-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Extension granted to file reply brief NFE (OG05A) ~ Appellant¿s motion for an extension of time to file the reply brief is granted to and including December 3, 2014, with no further extensions allowed.
|
|
| Docket Date |
2014-11-21
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
U.S. Bank, N.A.
|
|
| Docket Date |
2014-11-20
|
| 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 |
JULIANA FLOR
|
|
| Docket Date |
2014-11-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ AE-Lopez-14days to 11/21/14.
|
|
| Docket Date |
2014-11-11
|
| 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 |
U.S. Bank, N.A.
|
|
| Docket Date |
2014-10-31
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
U.S. Bank, N.A.
|
|
| Docket Date |
2014-10-31
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
U.S. Bank, N.A.
|
|
| Docket Date |
2014-10-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ AE-FlaAsset 18 days to 11/14/14
|
|
| Docket Date |
2014-10-24
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
U.S. Bank, N.A.
|
|
| Docket Date |
2014-10-10
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ AE-Lopez-30 days to 11/14/14.
|
|
| Docket Date |
2014-10-09
|
| 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 |
U.S. Bank, N.A.
|
|
| Docket Date |
2014-10-09
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ AE (Florida Asset Resolution Group)-21 days to 10/27/14.
|
|
| Docket Date |
2014-10-03
|
| 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 |
U.S. Bank, N.A.
|
|
| Docket Date |
2014-09-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ AE(Lopez) 40 days to 10/15/14
|
|
| Docket Date |
2014-09-02
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ Unopposed.
|
| On Behalf Of |
U.S. Bank, N.A.
|
|
| Docket Date |
2014-08-28
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ AE- (Fla Asset) 30 days to 10/6/14
|
|
| Docket Date |
2014-08-28
|
| 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 |
U.S. Bank, N.A.
|
|
| Docket Date |
2014-08-28
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
U.S. Bank, N.A.
|
|
| Docket Date |
2014-08-15
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
JULIANA FLOR
|
|
| Docket Date |
2014-07-21
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal ~ 2 Volumes.
|
|
| Docket Date |
2014-06-16
|
| 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 |
JULIANA FLOR
|
|
| Docket Date |
2014-06-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Clerk's notice granting eot (CLKEX) ~ IB-60 days to 8/15/14.
|
|
| Docket Date |
2014-05-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
Reinstatement Gr and Dism Ord Vacated (OG40A) ~ Upon consideration, appellant's motion for reinstatement of appeal is granted, and this Court's order of April 25, 2014 is hereby vacated and the appeal is reinstated.
|
|
| Docket Date |
2014-05-12
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement ~ hold to filing fee arrive (CHECK IN VAULT)
|
| On Behalf Of |
JULIANA FLOR
|
|
| Docket Date |
2014-04-25
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Dismissal for Failure to Comply (DA11H) ~ [ORDER VACATED 05/22/14] Upon the Court's own motion, it is ordered that this appeal from the Circuit Court for Miami-Dade County, Florida is dismissed for failure to comply with this Court's order dated April 10, 2014, and with the Florida Rules of Appellate Procedure.
|
|
| Docket Date |
2014-04-10
|
| 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 ($300.00) dollar fee is paid to the Clerk of the Court on or before April 20, 2014.
|
|
| Docket Date |
2014-04-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgement of new case with attachments. ** The $300 filing fee is due immediately.
|
|
| Docket Date |
2014-04-04
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
JULIANA FLOR
|
|
| Docket Date |
2014-04-04
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
THE DEPT. OF FINANCIAL SERVICES, et al., VS FEDERAL NATIONAL MORTGAGE ASSOCIATION, et al.,
|
3D2012-1499
|
2012-06-07
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
96-1969
|
Parties
| Name |
HON. JEFFREY H. ATWATER
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Department of Financial Services
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
LORI L. JOBE
|
|
| Name |
SUZETTE CAREW
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
NATIONAL EQUITY RECOVERY SERVICES, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Vincent J. D'Antonio
|
|
| Name |
HON. MICHAEL A. HANZMAN
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Harvey Ruvin
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2012-10-05
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2012-09-20
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2012-09-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
| Description |
Rehearing denied (OD57)
|
|
| Docket Date |
2012-09-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ to motion for rehearing and clarification
|
| On Behalf Of |
Department of Financial Services
|
|
| Docket Date |
2012-08-30
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification
|
|
| Docket Date |
2012-08-15
|
| Type |
Disposition by Opinion
|
| Subtype |
Granted
|
| Description |
Granted - Authored Opinion ~ order to show cause vacated and pet. granted.
|
|
| Docket Date |
2012-08-15
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
Consolidation denied (OD24) ~ Following review of petitioner State of Florida Department of Financial Services and Jeffrey H. Atwater, Chief Financial Officer's motion to consolidate, it is ordered that said motion is hereby denied. SUAREZ and FERNANDEZ, JJ., and SCHWARTZ, Senior Judge.
|
|
| Docket Date |
2012-07-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ in opposition to petitioner's motion to consolidate
|
|
| Docket Date |
2012-07-20
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
Department of Financial Services
|
|
| Docket Date |
2012-07-18
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ to the reply
|
| On Behalf Of |
Department of Financial Services
|
|
| Docket Date |
2012-07-18
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
REPLY ~ to the response
|
| On Behalf Of |
Department of Financial Services
|
|
| Docket Date |
2012-06-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE
|
|
| Docket Date |
2012-06-08
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to show cause-Proh(Rule Nisi)(OR12J)
|
|
| Docket Date |
2012-06-08
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ original copies of the petition
|
| On Behalf Of |
Department of Financial Services
|
|
| Docket Date |
2012-06-07
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ E-Filed.
|
| On Behalf Of |
Department of Financial Services
|
|
| Docket Date |
2012-06-07
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed ~ E-Filed.
|
| On Behalf Of |
Department of Financial Services
|
|
| Docket Date |
2012-06-07
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WW2:Waived-35.22(3)
|
|
|
