SCOTT GETTLE AND AMY HOFFNER VS U. S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, ET AL.
|
2D2023-0623
|
2023-03-22
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Sarasota County
2017-CA-004392NC
|
Parties
Name |
AMY HOFFNER
|
Role |
Appellant
|
Status |
Active
|
|
Name |
SCOTT GETTLE
|
Role |
Appellant
|
Status |
Active
|
Representations |
H. DANIEL MC KILLOP, ESQ.
|
|
Name |
BANK OF AMERICA, NATIONAL ASSOCIATION
|
Role |
Appellee
|
Status |
Active
|
|
Name |
WASHINGTON MUTUAL MORTGAGE COMPANY
|
Role |
Appellee
|
Status |
Active
|
|
Name |
LASALLE BANK NATIONAL ASSOCIATION
|
Role |
Appellee
|
Status |
Active
|
|
Name |
HIDDEN OAKS ESTATES ASSOCIATION, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
S C P DISTRIBUTORS, L L C
|
Role |
Appellee
|
Status |
Active
|
|
Name |
WILMINGTON FINANCE, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
HON. HUNTER CARROLL
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
HON. STEPHEN WALKER
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
SARASOTA CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
U. S. BANK NATIONAL ASSOCIATION, AS TRUSTEE
|
Role |
Appellee
|
Status |
Active
|
Representations |
JAMES H. WYMAN, ESQ., MATTHEW MARKS, ESQ.,
|
|
Docket Entries
Docket Date |
2023-06-01
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORDER GRANTING VOLUNTARY DISMISSAL ~ Pursuant to the notice of voluntary dismissal filed herein, this appeal isdismissed.I
|
|
Docket Date |
2023-06-01
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2023-06-01
|
Type |
Misc. Events
|
Subtype |
Case Closed
|
Description |
Case Closed
|
|
Docket Date |
2023-05-31
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal
|
On Behalf Of |
SCOTT GETTLE
|
|
Docket Date |
2023-05-10
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ WALKER - 1873 PAGES - REDACTED
|
|
Docket Date |
2023-03-31
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
U. S. BANK NATIONAL ASSOCIATION, AS TRUSTEE
|
|
Docket Date |
2023-03-23
|
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 |
2023-03-23
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2023-03-22
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2023-03-22
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ W/ORDER
|
On Behalf Of |
SCOTT GETTLE
|
|
|
ROLAND M. GIBSON, JR. AND SABRINA R. GIBSON VS U. S. BANK NATIONAL ASSOCIATION, ET AL
|
2D2019-3834
|
2019-10-04
|
Closed
|
|
Classification |
NOA Non Final - Circuit Civil - Foreclosure
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Manatee County
2013-CA-2269
|
Parties
Name |
SABRINA R. GIBSON
|
Role |
Appellant
|
Status |
Active
|
|
Name |
ROLAND M. GIBSON, JR.
|
Role |
Appellant
|
Status |
Active
|
|
Name |
BANK OF AMERICA, NATIONAL ASSOCIATION
|
Role |
Appellee
|
Status |
Active
|
|
Name |
WASHINGTON MUTUAL MORTGAGE COMPANY
|
Role |
Appellee
|
Status |
Active
|
|
Name |
U.S. BANK NATIONAL ASSOCIATION
|
Role |
Appellee
|
Status |
Active
|
Representations |
SAMANTHA MARIE DARRIGO, ESQ., ALLISON MORAT, ESQ.
|
|
Name |
LASALLE BANK NATIONAL ASSOCIATION
|
Role |
Appellee
|
Status |
Active
|
|
Name |
HON. CHARLES SNIFFEN
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
MANATEE CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2021-02-25
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2021-02-05
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2021-01-26
|
Type |
Misc. Events
|
Subtype |
Oral Argument Date Set
|
Description |
Oral Argument Date Set ~ Tampa
|
|
Docket Date |
2020-11-16
|
Type |
Order
|
Subtype |
Order Re: Video Oral Argument
|
Description |
OA Notice Video ~ This case is provisionally set for oral argument on TUESDAY, JANUARY 26, 2021, at 11:00 A.M., before: Judge Stevan T. Northcutt, Judge Susan H. Rothstein-Youakim, Judge Suzanne Labrit. To mitigate the impact of the COVID-19 outbreak while continuing with the orderly processing of cases, the oral argument will be conducted by video conference. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to sign in by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument, the attorneys or parties will be notified by order no less than two weeks before the scheduled date. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.Within ten days from the date of this order, any attorney or party who will be presenting argument is requested to provide the Clerk of the Court with the email address where the video invitation should be sent and a telephone number. This information may be sent by email to 2dcaClerk@flcourts.org. The Clerk of the Court will provide each participant with connection instructions, including the opportunity for a test session, before the argument.
|
|
Docket Date |
2020-10-29
|
Type |
Order
|
Subtype |
Order on Motion To Strike
|
Description |
Deny Motion to Strike-13a ~ Appellee’s motion to strike is denied.
|
|
Docket Date |
2020-10-28
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
ROLAND M. GIBSON, JR.
|
|
Docket Date |
2020-10-27
|
Type |
Record
|
Subtype |
Appendix to Motion
|
Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT ~ BOOKMARKED
|
On Behalf Of |
U. S. BANK NATIONAL ASSOCIATION
|
|
Docket Date |
2020-10-26
|
Type |
Motions Other
|
Subtype |
Motion To Strike
|
Description |
Motion To Strike ~ APPELLEE'S MOTION TO STRIKE REPLY BRIEF AND ALTERNATIVE REQUEST TO ACCEPT MOTION AS SUR-REPLY
|
On Behalf Of |
U. S. BANK NATIONAL ASSOCIATION
|
|
Docket Date |
2020-10-26
|
Type |
Record
|
Subtype |
Appendix to Motion
|
Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT ~ Not Bookmarked
|
On Behalf Of |
U. S. BANK NATIONAL ASSOCIATION
|
|
Docket Date |
2020-10-16
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant Reply Brief
|
On Behalf Of |
ROLAND M. GIBSON, JR.
|
|
Docket Date |
2020-09-18
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
Description |
ORDER GRANTING APPELLANT'S REPLY BRIEF ~ Appellants’ motion for extension of time is granted, and the reply brief shall beserved within 30 days from the date of this order.
|
|
Docket Date |
2020-09-11
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLEE'S RESPONSE IN OPPOSITION TO APPELLANTS' MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF
|
On Behalf Of |
U. S. BANK NATIONAL ASSOCIATION
|
|
Docket Date |
2020-09-09
|
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 |
ROLAND M. GIBSON, JR.
|
|
Docket Date |
2020-08-10
|
Type |
Order
|
Subtype |
Order on Motion For Leave To File Amended Brief
|
Description |
Grant Motion File Amended Brief-12c ~ Appellee's motion to amend answer brief and appendix is granted. The answer brief and appendix filed on July 17, 2020, are stricken. The amended answer brief and appendix are accepted as filed.
|
|
Docket Date |
2020-07-27
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion to Amend Brief
|
Description |
Motion For Leave To File Amended Brief ~ *SEE 8/10/2020 ORDER. ATTACHED TO 7/20/2020 MOTION, SINCE IT WAS THE MOTION ATTACHED IN TASK* APPELLEE'S UPDATED MOTION TO AMEND ANSWER BRIEF AND APPENDIX1
|
On Behalf Of |
U. S. BANK NATIONAL ASSOCIATION
|
|
Docket Date |
2020-07-20
|
Type |
Brief
|
Subtype |
Amended Answer Brief
|
Description |
Amended Answer Brief ~ APPELLEE'S AMENDED ANSWER BRIEF
|
On Behalf Of |
U. S. BANK NATIONAL ASSOCIATION
|
|
Docket Date |
2020-07-20
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion to Amend Brief
|
Description |
Motion For Leave To File Amended Brief ~ APPELLEE'S MOTION TO AMEND ANSWER BRIEF AND APPENDIX
|
On Behalf Of |
U. S. BANK NATIONAL ASSOCIATION
|
|
Docket Date |
2020-07-17
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee Answer Brief
|
On Behalf Of |
U. S. BANK NATIONAL ASSOCIATION
|
|
Docket Date |
2020-06-17
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits
|
On Behalf Of |
ROLAND M. GIBSON, JR.
|
|
Docket Date |
2020-06-17
|
Type |
Record
|
Subtype |
Appendix to Initial Brief
|
Description |
Appendix for Initial Brief
|
On Behalf Of |
ROLAND M. GIBSON, JR.
|
|
Docket Date |
2020-05-28
|
Type |
Order
|
Subtype |
Order
|
Description |
ORD-AMENDED ORDER ~ The appellee's motion to dismiss is denied. The appellants shall serve the initial brief within 20 days of the date of this order.
|
|
Docket Date |
2020-05-20
|
Type |
Record
|
Subtype |
Appendix to Motion
|
Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT
|
On Behalf Of |
U. S. BANK NATIONAL ASSOCIATION
|
|
Docket Date |
2020-05-20
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss ~ APPELLEE'S MOTION TO DISMISS APPEAL
|
On Behalf Of |
U. S. BANK NATIONAL ASSOCIATION
|
|
Docket Date |
2020-05-04
|
Type |
Record
|
Subtype |
Appendix to Initial Brief
|
Description |
Appendix for Initial Brief
|
On Behalf Of |
ROLAND M. GIBSON, JR.
|
|
Docket Date |
2020-04-22
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ The appellants' motion for extension of time is granted to the extent that the initial brief shall be served by June 8, 2020, failing which this appeal will be subject to dismissal for failure to prosecute, without further notice. No further extensions should be anticipated.The appellee's motion to compel is granted to the extent delineated in the previous paragraph.
|
|
Docket Date |
2020-04-16
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ TO APPELLEE MOTION TO COMPEL
|
On Behalf Of |
ROLAND M. GIBSON, JR.
|
|
Docket Date |
2020-04-06
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ As the appellee has responded to the appellant's motion for extension of time, this court's April 3, 2020, order is withdrawn.The appellants shall respond to the appellee's motion to compel within 10 days of the date of this order.
|
|
Docket Date |
2020-04-03
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-TO FILE RESPONSE ~ ***WITHDRAWN-SEE 4/6/2020 ORDER.***Appellee is directed to respond within fifteen (15) days from the date of this order to Appellants' motion for extension of time to file initial brief.
|
|
Docket Date |
2020-04-03
|
Type |
Motions Other
|
Subtype |
Motion To Compel
|
Description |
Motion To Compel ~ COMPLIANCE WITH FLORIDA RULES OF APPELLATE PROCEDURE AND INCORPORATED RESPONSE IN OPPOSITION TO APPELLANTS' FOURTH MOTION FOR EXTENSION OF TIME
|
On Behalf Of |
U. S. BANK NATIONAL ASSOCIATION
|
|
Docket Date |
2020-04-02
|
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 |
ROLAND M. GIBSON, JR.
|
|
Docket Date |
2020-03-19
|
Type |
Order
|
Subtype |
Order on Motion To Compel
|
Description |
ORD-GRANTING MOTION TO COMPEL ~ The appellants' motion for extension of time is granted in part. The appellants shall serve the initial brief within 15 days of the date of this order. To the extent that the appellants seek a further extension based on issues with the transcript, any motion must identify the court reporter, detail the steps the appellants are taking to ensure completion of the transcript, and state an estimated date of completion. The appellee's motion to compel is granted only to the extent delineated in the previous paragraph but without prejudice to renewing such a motion.
|
|
Docket Date |
2020-03-17
|
Type |
Record
|
Subtype |
Appendix to Motion
|
Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT
|
On Behalf Of |
U. S. BANK NATIONAL ASSOCIATION
|
|
Docket Date |
2020-03-17
|
Type |
Motions Other
|
Subtype |
Motion To Compel
|
Description |
Motion To Compel ~ COMPLIANCE WITH FLORIDA RULES OF APPELLATE PROCEDURE AND INCORPORATED RESPONSE IN OPPOSITION TO APPELLANTS' MOTION FOR EXTENSION OF TIME
|
On Behalf Of |
U. S. BANK NATIONAL ASSOCIATION
|
|
Docket Date |
2020-03-16
|
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 |
ROLAND M. GIBSON, JR.
|
|
Docket Date |
2020-02-17
|
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 |
2020-01-31
|
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 |
ROLAND M. GIBSON, JR.
|
|
Docket Date |
2020-01-02
|
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 |
2019-12-11
|
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 |
ROLAND M. GIBSON, JR.
|
|
Docket Date |
2019-12-06
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ The filing fee was received contemporaneously with this court's order of dismissal. On the court's motion, the December 4, 2019, order is vacated, and this appeal is reinstated.
|
|
Docket Date |
2019-12-04
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge ~ NORTHCUTT, CASANUEVA, AND LAROSE
|
|
Docket Date |
2019-12-04
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
dismiss/no fee/order of insolvency ~ ***VACATED***(see 12/6/19 order)This appeal is dismissed because of the appellants' failure to satisfy this court's October 7, 2019, fee order.
|
|
Docket Date |
2019-10-21
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
U. S. BANK NATIONAL ASSOCIATION
|
|
Docket Date |
2019-10-07
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
fee - civil; pro se
|
|
Docket Date |
2019-10-07
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2019-10-04
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2019-10-04
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ WITH ORDER
|
On Behalf Of |
ROLAND M. GIBSON, JR.
|
|
|
U. S. BANK, N. A., SUCCESSOR TRUSTEE TO BANK OF AMERICA, N. A., ET AL. VS WILLIAM HANDAL, ET AL.
|
2D2019-1843
|
2019-05-13
|
Closed
|
|
Classification |
Original Proceedings - Circuit Civil - Certiorari
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
15-CA-10724
|
Parties
Name |
BANK OF AMERICA, N. A., SUCCESSOR
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
U. S. BANK, N. A., SUCCESSOR TRUSTEE
|
Role |
Petitioner
|
Status |
Active
|
Representations |
BENJAMIN B. BROWN, ESQ., JOSEPH T. KOHN, ESQ., ELIZABETH A. HAZELBAKER, ESQ.
|
|
Name |
WASHINGTON MUTUAL MORTGAGE COMPANY
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
LASALLE BANK, N. A., AS TRUSTEE
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
MELROSE COURT I CONDOMINIUM ASSOCIATION, INC.
|
Role |
Respondent
|
Status |
Active
|
|
Name |
WILLIAM HANDAL
|
Role |
Respondent
|
Status |
Active
|
Representations |
GARY M. SCHAAF, ESQ., NATHAN A. FRAZIER, ESQ.
|
|
Name |
HON. PAUL L. HUEY
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
HILLSBOROUGH CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2019-10-07
|
Type |
Order
|
Subtype |
Order on Motion/Notice Voluntary Dismissal (non-dispositive)
|
Description |
voluntary dismissal of writ ~ Petitioner's notice of voluntary dismissal is accepted and this petition for writ of certiorari is dismissed.
|
|
Docket Date |
2019-10-07
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2019-09-26
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal
|
On Behalf Of |
U. S. BANK, N. A., SUCCESSOR TRUSTEE
|
|
Docket Date |
2019-08-29
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Grant Miscellaneous Motion-79 ~ Petitioner's motion for extension of time to serve petition is granted and the petition shall be served within 30 days of this order.
|
|
Docket Date |
2019-08-16
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time ~ MOTION FOR EXTENSION OF TIME TO FILE PETITION
|
On Behalf Of |
U. S. BANK, N. A., SUCCESSOR TRUSTEE
|
|
Docket Date |
2019-07-18
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
generic eot grant ~ Petitioner's motion to change classification of case to final is denied. The motion for extension of time to serve and file the petition for writ of certiorari is granted. The petition shall be served and filed on or before August 16, 2019.
|
|
Docket Date |
2019-07-09
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ RESPONSE IN OPPOSITION TO APPELLANT'S MOTION TO CHANGECLASSIFICATION OF CASE TO FINAL, AND IN THE ALTERNATIVE, MOTIONFOR EXTENSION OF TIME TO FILE PETITION
|
On Behalf Of |
WILLIAM HANDAL
|
|
Docket Date |
2019-06-19
|
Type |
Order
|
Subtype |
Order
|
Description |
MISCELLANEOUS ORDER ~ The Appellees shall file a response to appellants' motion to change classification of case to final, and in the alternative, motion for extension of time to file petition within 15 days of this order.
|
|
Docket Date |
2019-05-28
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ MOTION TO CHANGE CLASSIFICATION OF CASE TO FINAL, AND IN THE ALTERNATIVE, MOTION FOR EXTENSION OF TIME TO FILE PETITION
|
On Behalf Of |
U. S. BANK, N. A., SUCCESSOR TRUSTEE
|
|
Docket Date |
2019-05-28
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time
|
On Behalf Of |
U. S. BANK, N. A., SUCCESSOR TRUSTEE
|
|
Docket Date |
2019-05-16
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ The parties may challenge this case classification by motion within ten days from the date of this order.
|
|
Docket Date |
2019-05-15
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2019-05-15
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
fee - writ; atty ~ This petition has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes (2018).Counsel for petitioner shall forward the required $300.00 filing fee or, if applicable, an affidavit of insolvency in conformity with the requirements of chapter 57, Florida Statutes, to this court within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this petition may be subject to dismissal without further notice.
|
|
Docket Date |
2019-05-13
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2019-05-13
|
Type |
Petition
|
Subtype |
Petition Certiorari
|
Description |
Petition for Certiorari Filed ~ ATTACHED ORDER
|
On Behalf Of |
U. S. BANK, N. A., SUCCESSOR TRUSTEE
|
|
|
BMG REALTY GROUP, LLC VS U S BANK NATIONAL ASSOCIATION, AS TRUSTEE, ET AL.
|
2D2018-5124
|
2018-12-28
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
2016-CA-4414
|
Parties
Name |
BMG REALTY GROUP, LLC
|
Role |
Appellant
|
Status |
Active
|
Representations |
JARAD A. GIBSON, ESQ., MARSHALL A. ADAMS, ESQ., D. MARK PAYNE, ESQ.
|
|
Name |
LASALLE BANK, N. A.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
CAPTIVA CAY HOMEOWNERS ASSOCIATION, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
PAUL F. SHUMAN
|
Role |
Appellee
|
Status |
Active
|
|
Name |
BANK OF AMERICA, N. A., SUCCESSOR
|
Role |
Appellee
|
Status |
Active
|
|
Name |
U S BANK NATIONAL ASSOCIATION, AS TRUSTEE
|
Role |
Appellee
|
Status |
Active
|
Representations |
NANCY M. WALLACE, ESQ., LAURA B. FABRICIO, ESQ., ANNE M. HATHORN, ESQ., ERIC M. LEVINE, ESQ., WILLIAM P. HELLER, ESQ., LEONARD J. MANKIN, ESQ.
|
|
Name |
WASHINGTON MUTUAL MORTGAGE COMPANY
|
Role |
Appellee
|
Status |
Active
|
|
Name |
SHEILA PHILLIPS SHUMAN
|
Role |
Appellee
|
Status |
Active
|
|
Name |
CAPTIVA CAY CONDOMINIUM ASSOCIATION, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
HON. PATRICIA A. MUSCARELLA
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
PINELLAS CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2020-03-04
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2020-02-27
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2020-02-07
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Authored Opinion
|
|
Docket Date |
2019-11-14
|
Type |
Misc. Events
|
Subtype |
Oral Argument Date Set
|
Description |
Oral Argument Date Set ~ Tampa
|
|
Docket Date |
2019-11-05
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
U S BANK NATIONAL ASSOCIATION, AS TRUSTEE
|
|
Docket Date |
2019-08-29
|
Type |
Order
|
Subtype |
Order on Motion/Request for Oral Argument
|
Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on THURSDAY, NOVEMBER 14, 2019, at 9:30 A.M., before: Judge Stevan T. Northcutt, Judge Morris Silberman, Judge Anthony K. Black. Oral argument will occur at the Second District Court of Appeal, Tampa Branch Headquarters, in the courtroom of the Stetson University College Of Law, Tampa Campus, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the receptionist by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument in this proceeding, the attorneys or parties will be notified by order no less than two weeks before the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.
|
|
Docket Date |
2019-07-19
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant Reply Brief
|
On Behalf Of |
BMG REALTY GROUP, LLC
|
|
Docket Date |
2019-06-26
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 20- RB DUE 07/21/19
|
On Behalf Of |
BMG REALTY GROUP, LLC
|
|
Docket Date |
2019-05-31
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee Answer Brief
|
On Behalf Of |
U S BANK NATIONAL ASSOCIATION, AS TRUSTEE
|
|
Docket Date |
2019-05-14
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
BMG REALTY GROUP, LLC
|
|
Docket Date |
2019-05-03
|
Type |
Record
|
Subtype |
Appendix to Initial Brief
|
Description |
Appendix for Initial Brief
|
On Behalf Of |
BMG REALTY GROUP, LLC
|
|
Docket Date |
2019-05-03
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits
|
On Behalf Of |
BMG REALTY GROUP, LLC
|
|
Docket Date |
2019-04-22
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ MUSCARELLA - 850 PAGES
|
|
Docket Date |
2019-04-17
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 14 - IB due 05/03/19
|
On Behalf Of |
BMG REALTY GROUP, LLC
|
|
Docket Date |
2019-03-05
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
ORDER GRANTING MOTION TO SUPPLEMENT THE RECORD ~ Appellant's motion to supplement the record is granted, and appellant shall make arrangements within three days with the clerk of the circuit court 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 extension of time is granted, and the initial brief shall be served within forty-five days from the date of this order.
|
|
Docket Date |
2019-03-01
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
Description |
Motion Supplemental Record & Eot For Brief
|
On Behalf Of |
BMG REALTY GROUP, LLC
|
|
Docket Date |
2019-03-01
|
Type |
Record
|
Subtype |
Appendix to Motion
|
Description |
ALL OTHER MOTIONS APPENDIX/ATTACHMENT
|
On Behalf Of |
BMG REALTY GROUP, LLC
|
|
Docket Date |
2019-01-09
|
Type |
Order
|
Subtype |
Order on Motion For Review
|
Description |
ORD-GRANT MOTION FOR REVIEW ~ Appellant’s emergency motion for stay is treated as a motion to review the trial court’s order denying stay and granted only to the extent that this court has reviewed the trial court’s order. The trial court’s order denying stay is approved.
|
|
Docket Date |
2019-01-07
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLEE'S RESPONSE TO APPELLANT'S EMERGENCY MOTION FOR STAY
|
On Behalf Of |
U S BANK NATIONAL ASSOCIATION, AS TRUSTEE
|
|
Docket Date |
2019-01-04
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
U S BANK NATIONAL ASSOCIATION, AS TRUSTEE
|
|
Docket Date |
2019-01-03
|
Type |
Order
|
Subtype |
Order
|
Description |
MISCELLANEOUS ORDER ~ Appellee shall respond to Appellant’s motion to stay by January 7, 2019.
|
|
Docket Date |
2019-01-02
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2019-01-02
|
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), Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, an order of the circuit court 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 |
2019-01-02
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid through Portal
|
On Behalf Of |
BMG REALTY GROUP, LLC
|
|
Docket Date |
2019-01-02
|
Type |
Motions Other
|
Subtype |
Motion To Stay
|
Description |
Emergency Motion To Stay ~ PENDING APPEAL AND MEMORANDUM OF LAW IN SUPPORT THEREOF
|
On Behalf Of |
BMG REALTY GROUP, LLC
|
|
Docket Date |
2018-12-28
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2018-12-28
|
Type |
Miscellaneous Document
|
Subtype |
Lower Tribunal Transmittal Cover Sheet
|
Description |
LOWER TRIBUNAL TRANSMITTAL COVER SHEET
|
On Behalf Of |
PINELLAS CLERK
|
|
Docket Date |
2018-12-28
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ ATTACHED ORDER APPEALED
|
On Behalf Of |
BMG REALTY GROUP, LLC
|
|
|
GREGORY MONTWILL VS LASALLE BANK, N. A., AS TRUSTEE, ET AL.
|
2D2018-2553
|
2018-06-26
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Sarasota County
2008-CA-19722
|
Parties
Name |
GREGORY MONTWILL
|
Role |
Appellant
|
Status |
Active
|
Representations |
JAMES RANDAL ACKLEY, ESQ.
|
|
Name |
WASHINGTON MUTUAL MORTGAGE COMPANY
|
Role |
Appellee
|
Status |
Active
|
|
Name |
LASALLE BANK, N. A., AS TRUSTEE
|
Role |
Appellee
|
Status |
Active
|
Representations |
JASON P. RAMOS, ESQ., VENKATA SUDHEER PATURI, ESQ., ANDREW R. SCOLARO, ESQ., THOMAS H. LOFFREDO, ESQ., JOSEPH T. KOHN, ESQ., LAUREN G. RAINES, ESQ., BENJAMIN B. BROWN, ESQ., CHOICE LEGAL GROUP, P. A.
|
|
Name |
HON. HUNTER CARROLL
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
HON. FREDERICK P. MERCURIO
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
SARASOTA CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2020-02-24
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLEE'S RESPONSE TO APPELLANT'S MOTION TO VACATE AND RE-ENTER APPELLATE ORDER
|
On Behalf Of |
LASALLE BANK, N. A., AS TRUSTEE
|
|
Docket Date |
2020-02-07
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ TO VACATE AND RE-ENTER APPELLATE ORDER
|
On Behalf Of |
GREGORY MONTWILL
|
|
Docket Date |
2020-01-15
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2019-12-13
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2019-12-13
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ Appellant, Gregory Montwill, filed a motion for appellate attorney's fees pursuant to Florida Rule of Appellate Procedure 9.400(b), section 57.105(7), Florida Statutes (2018), and the applicable provisions of the mortgage contract. As Appellant is the non-prevailing party, this motion is denied.
|
|
Docket Date |
2019-11-20
|
Type |
Misc. Events
|
Subtype |
Oral Argument Date Set
|
Description |
Oral Argument Date Set ~ Tampa
|
|
Docket Date |
2019-08-01
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ Appellant's reply brief filed on June 10, 2019, is stricken.
|
|
Docket Date |
2019-07-30
|
Type |
Brief
|
Subtype |
Amended Reply Brief
|
Description |
Amended Appellant Reply Brief
|
On Behalf Of |
GREGORY MONTWILL
|
|
Docket Date |
2019-07-10
|
Type |
Order
|
Subtype |
Order on Motion To File Enlarged Brief
|
Description |
Order Denying Enlarged Brief ~ Appellant's motion to file an enlarged reply brief is denied. Within twenty days of the date of this order, Appellant may serve a reply brief that complies with Florida Rule of Appellate Procedure 9.210(a)(5)(B).
|
|
Docket Date |
2019-06-20
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLEE'S RESPONSE TO APPELLANT'S MOTION FOR ATTORNEYS' FEES
|
On Behalf Of |
LASALLE BANK, N. A., AS TRUSTEE
|
|
Docket Date |
2019-06-10
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
GREGORY MONTWILL
|
|
Docket Date |
2019-06-10
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
GREGORY MONTWILL
|
|
Docket Date |
2019-06-10
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion To File Enlarged Brief
|
Description |
Motion To File Enlarged Brief
|
On Behalf Of |
GREGORY MONTWILL
|
|
Docket Date |
2019-06-10
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant Reply Brief ~ stricken-see 8/1/19 order.
|
On Behalf Of |
GREGORY MONTWILL
|
|
Docket Date |
2019-05-28
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
Description |
ORDER GRANTING APPELLANT'S REPLY BRIEF ~ Appellant's motion for extension of time is granted, and the reply brief shall beserved by June 10, 2019.
|
|
Docket Date |
2019-05-09
|
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 |
GREGORY MONTWILL
|
|
Docket Date |
2019-04-10
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30 - RB due 05/10/19
|
On Behalf Of |
GREGORY MONTWILL
|
|
Docket Date |
2019-03-11
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 20 - RB due 04/10/19
|
On Behalf Of |
GREGORY MONTWILL
|
|
Docket Date |
2019-02-18
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee Answer Brief
|
On Behalf Of |
LASALLE BANK, N. A., AS TRUSTEE
|
|
Docket Date |
2019-01-29
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellees’ motion for extension of time is granted, and the answer brief shall be served within 20 days from the date of this order.
|
|
Docket Date |
2019-01-28
|
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 |
LASALLE BANK, N. A., AS TRUSTEE
|
|
Docket Date |
2018-12-26
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ AMENDED NOTICE OF AGREED EXTENSION OF TIME TO FILE ANSWER BRIEF30 - AB due 01/28/19
|
On Behalf Of |
LASALLE BANK, N. A., AS TRUSTEE
|
|
Docket Date |
2018-12-21
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ See Amended Notice
|
On Behalf Of |
LASALLE BANK, N. A., AS TRUSTEE
|
|
Docket Date |
2018-10-31
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ 806 PAGES
|
|
Docket Date |
2018-10-29
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30 - AB due 11/28/18
|
On Behalf Of |
LASALLE BANK, N. A., AS TRUSTEE
|
|
Docket Date |
2018-10-05
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits
|
On Behalf Of |
GREGORY MONTWILL
|
|
Docket Date |
2018-10-05
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
Description |
Motion To File Supplemental Record
|
On Behalf Of |
GREGORY MONTWILL
|
|
Docket Date |
2018-10-05
|
Type |
Record
|
Subtype |
Appendix to Initial Brief
|
Description |
Appendix for Initial Brief
|
On Behalf Of |
GREGORY MONTWILL
|
|
Docket Date |
2018-09-04
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30 - IB due 10/05/18
|
On Behalf Of |
GREGORY MONTWILL
|
|
Docket Date |
2018-08-29
|
Type |
Record
|
Subtype |
Exhibits
|
Description |
Received Exhibits ~ NON IMAGE EVIDENCE - 327 PAGES
|
|
Docket Date |
2018-08-23
|
Type |
Order
|
Subtype |
Order on Motion for Reinstatement
|
Description |
ORD-REINSTATEMENT ~ Appellant's motion for reinstatement is granted. This court's August 8, 2018, order is vacated, and the appeal is reinstated.
|
|
Docket Date |
2018-08-15
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid through Portal
|
|
Docket Date |
2018-08-10
|
Type |
Post-Disposition Motions
|
Subtype |
Motion For Reinstatement
|
Description |
Motion For Reinstatement ~ APPELLANT'S VERIFIED MOTION TO REINSTATE APPEAL MOTION FOR REHEARING
|
On Behalf Of |
GREGORY MONTWILL
|
|
Docket Date |
2018-08-08
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge ~ Khouzam, Sleet, and Rothstein-Youakim
|
|
Docket Date |
2018-08-08
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
dismiss/no fee/order of insolvency ~ ***VACATED***(see 08/23/18 ord)This appeal is dismissed because of the appellant's failure to satisfy this court's June 27, 2018, fee order.
|
|
Docket Date |
2018-07-16
|
Type |
Order
|
Subtype |
Order Discharging Show Cause Order
|
Description |
ORD-DISCHARGING SHOW CAUSE ~ This court's July 2, 2018, order to show cause is hereby discharged.
|
|
Docket Date |
2018-07-10
|
Type |
Notice
|
Subtype |
Amended Notice of Appeal
|
Description |
Amended Notice of Appeal
|
|
Docket Date |
2018-07-02
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
LASALLE BANK, N. A., AS TRUSTEE
|
|
Docket Date |
2020-03-10
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Deny Miscellaneous Motion-79a ~ Appellant's "motion to vacate and re-enter appellate order" is denied.
|
|
Docket Date |
2020-02-28
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
Description |
Deny Miscellaneous Motion-79a ~ Appellant's "motion to vacate and re-enter appellate order" is denied. *RECEIVED ORDER RETURNED FOR ATTORNEY V. PATURI, ATTORNEY WAS REGISTERED AND THIS ORDER WILL BE ISSUED AGAIN.
|
|
Docket Date |
2018-06-27
|
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), Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, an order of the circuit court 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 |
2019-08-29
|
Type |
Order
|
Subtype |
Order on Motion/Request for Oral Argument
|
Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on WEDNESDAY, NOVEMBER 20, 2019, at 11:00 A.M., before: Judge Craig C. Villanti, Judge Samuel J. Salario, Jr., Judge Susan H. Rothstein-Youakim. Oral argument will occur at the Second District Court of Appeal, Tampa Branch Headquarters, in the courtroom of the Stetson University College Of Law, Tampa Campus, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the receptionist by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument in this proceeding, the attorneys or parties will be notified by order no less than two weeks before the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.
|
|
Docket Date |
2018-11-28
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30 - AB due 12/28/18
|
On Behalf Of |
LASALLE BANK, N. A., AS TRUSTEE
|
|
Docket Date |
2018-10-23
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
ORDER GRANTING MOTION TO SUPPLEMENT THE RECORD ~ Appellant's motion to supplement the record is granted, and appellant shall make arrangements within three days with the clerk of the circuit court 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.
|
|
Docket Date |
2018-07-02
|
Type |
Order
|
Subtype |
Order to Show Cause
|
Description |
ORD-TO SHOW CAUSE ~ The June 5, 2018, "final judgment" directs Plaintiff to "submit a Uniform Final Judgment of Mortgage Foreclosure (Form 1.996) for the court's consideration and entry." Appellant shall show cause within twenty days why this appeal should not be dismissed for lack of jurisdiction. Jurisdiction is relinquished to the extent necessary to allow the trial court to enter an appealable, final order. Should appellant provide this court with such an appealable, final order within twenty days, this premature appeal will be mature and will proceed to consideration. See Fla. R. App. P. 9.110(l) (stating that if a notice of appeal is prematurely filed before rendition of a final order, "the lower tribunal retains jurisdiction to render a final order") (effective Jan. 1, 2015). If appellant fails to present an appealable order within that time frame, or persuade this court that the existing order is appealable, this appeal will be subject to dismissal without further notice. If a final judgment has not already been entered and Appellant wishes to separately challenge the order denying certified renewed motion to disqualify prior to such final judgment, Appellant may in lieu of a response to this order file a petition for writ of prohibition and appendix, and the case will be converted.
|
|
Docket Date |
2018-06-27
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2018-06-26
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2018-06-26
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ ATTACHED ORDER APPEALED
|
On Behalf Of |
GREGORY MONTWILL
|
|
|
LUISA GALOFRE VS BANK OF AMERICA, N.A., ETC., ET AL.
|
SC2015-0556
|
2015-03-25
|
Closed
|
|
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
4D14-3093
Circuit Court for the Seventeenth Judicial Circuit, Broward County
062009CA020493AXXXCE
|
Parties
Name |
LUISA GALOFRE
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
WASHINGTON MUTUAL MORTGAGE COMPANY
|
Role |
Respondent
|
Status |
Active
|
|
Name |
SERIES 2006-AR3 TRUST
|
Role |
Respondent
|
Status |
Active
|
|
Name |
Bank of America, N.A.
|
Role |
Respondent
|
Status |
Active
|
Representations |
Ronnie Joseph Bitman, RONALD M. GACHE, Kimberly Nolen Hopkins, Allison Morat
|
|
Name |
LASALLE BANK, N.A.
|
Role |
Respondent
|
Status |
Active
|
|
Name |
HON. CYNTHIA GELMINE IMPERATO, JUDGE
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Hon. HOWARD FORMAN
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2015-03-26
|
Type |
Event
|
Subtype |
Fee Paid in Full - $300
|
Description |
Fee Paid In Full - $300
|
|
Docket Date |
2015-03-26
|
Type |
Letter-Case
|
Subtype |
Acknowledgment Letter-New Case
|
Description |
ACKNOWLEDGMENT LETTER-NEW CASE
|
|
Docket Date |
2015-03-26
|
Type |
Disposition
|
Subtype |
**DISP-REV DISM NO JURIS (JENKINS)
|
Description |
**DISP-REV DISM NO JURIS (JENKINS) ~ It appearing to the Court that it is without jurisdiction, the Petition for Review is hereby dismissed. See Jenkins v. State, 385 So. 2d 1356 (Fla. 1980).No motion for rehearing or reinstatement will be entertained by the Court.
|
|
Docket Date |
2015-03-25
|
Type |
Notice
|
Subtype |
Invoke Discretionary Jurisdiction
|
Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT) ~ **UNCERTIFIED COPY (REC'D 03/23/2015)**
|
On Behalf Of |
LUISA GALOFRE
|
|
Docket Date |
2015-03-25
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2015-03-25
|
Type |
Brief
|
Subtype |
Juris Initial
|
Description |
JURIS INITIAL BRIEF ~ (REC'D 03/23/2015) 04/02/2015: PLACED W/FILE
|
On Behalf Of |
LUISA GALOFRE
|
|
|
ALLEN LICHT and ELLA FRENKEL VS U.S. BANK, N.A., et al.
|
4D2015-1126
|
2015-03-23
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE09018884 (11)
|
Parties
Name |
ELLA FRENKEL
|
Role |
Appellant
|
Status |
Active
|
|
Name |
ALLEN LICHT
|
Role |
Appellant
|
Status |
Active
|
Representations |
Avraham Alan Spivak
|
|
Name |
WASHINGTON MUTUAL MORTGAGE COMPANY
|
Role |
Appellee
|
Status |
Active
|
|
Name |
LASALLE BANK, N.A.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
SABADELL UNITED BANK, N.A.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
CitiBank, N.A.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
SOUTHEAST MARINE CONSTRUCTION
|
Role |
Appellee
|
Status |
Active
|
|
Name |
LYDIAN PRIVATE BANK
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Bank of America, N.A.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
VIRTUALBANK
|
Role |
Appellee
|
Status |
Active
|
|
Name |
U.S. Bank N.A.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Hon. Florence Taylor Barner, ALEJANDRA ARROYAVE LOPEZ, Jeffrey S. Lapin, TRACY WEBSTER
|
|
Name |
EDGEWATER AT HARBOR ISLANDS
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Joel T. Lazarus
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2016-08-26
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2016-08-26
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2016-08-04
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Deny Attorney's Fees ~ ORDERED that the appellants' February 15, 2016 motion for attorneys' fees is denied.
|
|
Docket Date |
2016-08-04
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2016-06-06
|
Type |
Order
|
Subtype |
Order Dispensing with Oral Argument
|
Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
Docket Date |
2016-04-11
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Record-on-Appeal ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before April 26, 2016, why the above-styled case should not be dismissed for lack of timely prosecution, in that the record-on-appeal 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 record-on-appeal is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
Docket Date |
2016-04-11
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ (632 PAGES)
|
|
Docket Date |
2016-02-15
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
ALLEN LICHT
|
|
Docket Date |
2016-02-15
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
ALLEN LICHT
|
|
Docket Date |
2016-02-15
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
ALLEN LICHT
|
|
Docket Date |
2016-01-28
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
Description |
ORD-Reply Brief to be Served ~ ORDERED that appellants' January 13, 2016 motion for extension of time is granted, and appellants shall serve the reply brief within on or before February 13, 2016. In addition, if the reply brief is served after the time provided for in this order, it will be subject to being stricken, or the court in its discretion may impose other sanctions. This is the final extension of time that will be permitted for this purpose absent exigent circumstances.
|
|
Docket Date |
2016-01-13
|
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 |
ALLEN LICHT
|
|
Docket Date |
2015-12-18
|
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' December 14, 2015 second motion for extension of time is granted, and appellants shall serve the reply brief on or before January 14, 2016. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
Docket Date |
2015-12-14
|
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 |
ALLEN LICHT
|
|
Docket Date |
2015-11-18
|
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 appellant's November 16, 2015 motion for extension of time is granted, and appellant shall serve the reply brief on or before December 16, 2015. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
Docket Date |
2015-11-16
|
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 |
ALLEN LICHT
|
|
Docket Date |
2015-10-26
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
U.S. Bank N.A.
|
|
Docket Date |
2015-09-25
|
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 17, 2015 motion for second 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 |
2015-09-17
|
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 |
2015-08-20
|
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 August 14, 2015 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 |
2015-08-14
|
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 |
U.S. Bank N.A.
|
|
Docket Date |
2015-07-29
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
ORD-Initial Brief to be Served ~ ORDERED that appellants' July 20 2015 third motion for extension of time to file the initial brief is granted. Said brief was filed July 28, 2015.
|
|
Docket Date |
2015-07-28
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
ALLEN LICHT
|
|
Docket Date |
2015-07-28
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief ~ TO INITIAL BRIEF
|
On Behalf Of |
ALLEN LICHT
|
|
Docket Date |
2015-07-20
|
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 |
ALLEN LICHT
|
|
Docket Date |
2015-07-01
|
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 June 25, 2015 motion for extension of time is granted, and appellant shall serve the initial brief on or before July 18, 2015. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
Docket Date |
2015-06-25
|
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 |
ALLEN LICHT
|
|
Docket Date |
2015-05-29
|
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 May 26, 2015 motion for extension of time is granted, and appellant shall serve the initial brief on or before June 27, 2015. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
Docket Date |
2015-05-26
|
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 |
ALLEN LICHT
|
|
Docket Date |
2015-04-17
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
U.S. Bank N.A.
|
|
Docket Date |
2015-03-26
|
Type |
Order
|
Subtype |
Order to Register/Update eDCA
|
Description |
Counsel to register with eDCA ~ Be advised that Florence T. Barner and Tracy Webster have failed to comply with this Court¿s Administrative Order No. 2013-01, requiring counsel of record to register with the Fourth District Court of Appeal¿s electronic filing system to receive electronic copies of court communications, including but not limited to orders.You are further advised that to receive all communications from this Court in electronic form you must register at www.4dca.org or https://edca.4dca.org.Unless you obtain a hardship waiver of the registration requirement the Clerk of the Court shall cease mailing paper copies of all communications from the Court to you after ten (10) days from the date of this order.Paper copies can be obtained by completing a Copy Request Form located at www.4dca.org.AMERICANS WITH DISABILITIES ACT: If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, the provision of certain assistance. Please contact the Marshal, Daniel DiGiacomo, 4th District Court of Appeal, 1525 Palm Beach Lakes Blvd., West Palm Beach, Florida 33401, telephone (561)242-2000; 1-800-955-8771(TDD): or 1-800-955-8770(V) via Florida Relay Service, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
|
|
Docket Date |
2015-03-26
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2015-03-23
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
ALLEN LICHT
|
|
Docket Date |
2015-03-23
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|
NORMAN L. HERSKOVICH, etc. VS U.S. BANK NA, etc
|
4D2015-0992
|
2015-03-12
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
062010CA036640
|
Parties
Name |
NORMAN L. HERSKOVICH
|
Role |
Appellant
|
Status |
Active
|
Representations |
Bruce K. Herman
|
|
Name |
WASHINGTON MUTUAL MORTGAGE COMPANY
|
Role |
Appellee
|
Status |
Active
|
|
Name |
U.S. Bank N.A.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Sarah Todd Weitz, Steven Weitz
|
|
Name |
LASALLE BANK, N.A.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
HON. LYNN ROSENTHAL
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2016-09-16
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2016-09-16
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2016-08-25
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2016-08-25
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Deny Attorney's Fees ~ ORDERED that the appellants' September 2, 2015 motion for attorneys' fees is denied.
|
|
Docket Date |
2016-02-19
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
NORMAN L. HERSKOVICH
|
|
Docket Date |
2016-02-04
|
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 appellant's February 2, 2016 agreed motion for extension of time is granted, and appellant shall serve the reply brief within fifteen (15) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
Docket Date |
2016-02-02
|
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 |
NORMAN L. HERSKOVICH
|
|
Docket Date |
2016-01-14
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
U.S. Bank N.A.
|
|
Docket Date |
2016-01-14
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
U.S. Bank N.A.
|
|
Docket Date |
2016-01-05
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ TO 01/15/16
|
On Behalf Of |
U.S. Bank N.A.
|
|
Docket Date |
2015-12-07
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ TO 01/06/16
|
On Behalf Of |
U.S. Bank N.A.
|
|
Docket Date |
2015-11-06
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ TO 12/7/15
|
On Behalf Of |
U.S. Bank N.A.
|
|
Docket Date |
2015-09-21
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ TO 11/06/15
|
On Behalf Of |
U.S. Bank N.A.
|
|
Docket Date |
2015-09-11
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ ONE (1) **SEE 9/11/15 ORDER**
|
On Behalf Of |
NORMAN L. HERSKOVICH
|
|
Docket Date |
2015-09-11
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
Description |
ORD-Allowing Attachment to Record ~ ORDERED that the appellant's September 2, 2015 motion to supplement the record is granted, and the record is supplemented to include the transcript dated February 26, 2015. Said supplemental record is deemed filed as of the date of this order.
|
|
Docket Date |
2015-09-02
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
NORMAN L. HERSKOVICH
|
|
Docket Date |
2015-09-02
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
NORMAN L. HERSKOVICH
|
|
Docket Date |
2015-09-02
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion To File Supplemental Record
|
On Behalf Of |
NORMAN L. HERSKOVICH
|
|
Docket Date |
2015-07-31
|
Type |
Record
|
Subtype |
Exhibits
|
Description |
Received Exhibits
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2015-07-31
|
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 July 30, 2015 agreed motion for extension of time is granted, and appellant shall serve the initial brief on or before September 2, 2015. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
Docket Date |
2015-07-30
|
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 |
NORMAN L. HERSKOVICH
|
|
Docket Date |
2015-07-06
|
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 July 1, 2015 motion for extension of time is granted, and appellant shall serve the initial brief on or before August 2, 2015. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
Docket Date |
2015-07-02
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ TWO (2) VOLUMES
|
|
Docket Date |
2015-07-01
|
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 |
NORMAN L. HERSKOVICH
|
|
Docket Date |
2015-07-01
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO MOTION FOR EXT. OF TIME
|
On Behalf Of |
U.S. Bank N.A.
|
|
Docket Date |
2015-06-17
|
Type |
Order
|
Subtype |
Order on Motion For Substitution of Counsel
|
Description |
ORD-Grant Substitution of Counsel ~ ORDERED that appellee's June 15, 2015 motion for approval of stipulation for substitution of counsel is granted and Sarah Weitz, Esq., and Steven Weitz, Esq., of the law firm of Weitz & Schwartz, P.A., are substituted for Aldridge Conners, LLP, as counsel for appellee in the above-styled cause.
|
|
Docket Date |
2015-06-15
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion For Substitution of Counsel
|
Description |
Motion For Substitution of Counsel
|
On Behalf Of |
U.S. Bank N.A.
|
|
Docket Date |
2015-06-03
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance ~ & DESIGNATION OF EMAIL ADDRESS
|
On Behalf Of |
U.S. Bank N.A.
|
|
Docket Date |
2015-05-15
|
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 May 13, 2015 motion for extension of time is granted, and appellant shall serve the initial brief on or before July 2, 2015. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
Docket Date |
2015-05-13
|
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 |
NORMAN L. HERSKOVICH
|
|
Docket Date |
2015-03-20
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
U.S. Bank N.A.
|
|
Docket Date |
2015-03-19
|
Type |
Misc. Events
|
Subtype |
Docketing Statement
|
Description |
Docketing Statement ~ AA Bruce K. Herman 0260622
|
|
Docket Date |
2015-03-17
|
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, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this Court within ten (10) days from the date of the entry of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. 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. 4DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
Docket Date |
2015-03-17
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2015-03-12
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
NORMAN L. HERSKOVICH
|
|
Docket Date |
2015-03-12
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|
SHERMAN BALCH and ANNMARIE BALCH VS LASALLE BANK N.A. etc.
|
4D2014-2057
|
2014-06-03
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Martin County
2008 CA-726
|
Parties
Name |
Ann Marie Balch
|
Role |
Appellant
|
Status |
Active
|
|
Name |
Sherman Balch
|
Role |
Appellant
|
Status |
Active
|
|
Name |
LASALLE BANK, N.A.
|
Role |
Appellee
|
Status |
Active
|
Representations |
JEFFREY T. KUNTZ, MAUREEN A. VITUCCI, Thomas Holland Loffredo
|
|
Name |
WASHINGTON MUTUAL MORTGAGE COMPANY
|
Role |
Appellee
|
Status |
Active
|
Representations |
MAUREEN A. VITUCCI
|
|
Name |
Hon. James W. McCann
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Martin
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2015-08-21
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2015-08-21
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2015-08-05
|
Type |
Disposition by Opinion
|
Subtype |
Reversed
|
Description |
Reversed - Authored Opinion
|
|
Docket Date |
2015-07-10
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO MOTION FOR REHEARING
|
|
Docket Date |
2015-07-02
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix ~ TO MOTION FOR REHEARING
|
On Behalf Of |
LASALLE BANK, N.A.
|
|
Docket Date |
2015-07-02
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion For Rehearing
|
On Behalf Of |
LASALLE BANK, N.A.
|
|
Docket Date |
2015-06-17
|
Type |
Disposition by Opinion
|
Subtype |
Reversed
|
Description |
Reversed - Authored Opinion ~ **Opinion Withdrawn 8-5-15**
|
|
Docket Date |
2015-06-17
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Deny Attorney's Fees ~ ORDERED that the appellee's October 10, 2014 motion for attorneys' fees is denied.
|
|
Docket Date |
2014-10-27
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
|
Docket Date |
2014-10-11
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
LASALLE BANK, N.A.
|
|
Docket Date |
2014-10-11
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
LASALLE BANK, N.A.
|
|
Docket Date |
2014-09-30
|
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 second amended motion for extension of time filed September 22, 2014, is granted and appellee shall serve the answer brief within ten (10) days from the date of the entry 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 |
2014-09-22
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extension of time to file Answer Brief ~ **SECOND AMENDED***
|
On Behalf Of |
LASALLE BANK, N.A.
|
|
Docket Date |
2014-09-22
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance ~ DESIGNATION OF EMAIL ADDRESSES
|
On Behalf Of |
LASALLE BANK, N.A.
|
|
Docket Date |
2014-09-19
|
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 motion filed September 12, 2014 and amended motion filed September 15, 2014, for extension of time, are granted and appellee shall serve the answer brief on or before September 22, 2014. 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 |
2014-09-15
|
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 |
LASALLE BANK, N.A.
|
|
Docket Date |
2014-09-12
|
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 |
LASALLE BANK, N.A.
|
|
Docket Date |
2014-09-04
|
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 motion filed September 2, 2014, for extension of time, is granted and appellee shall serve the answer brief within on or before September 12, 2014. 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 |
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
|
On Behalf Of |
LASALLE BANK, N.A.
|
|
Docket Date |
2014-08-27
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ FIVE (5) VOLUMES
|
|
Docket Date |
2014-08-25
|
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 agreed motion filed August 18, 2014, for extension of time is granted, and appellee shall serve the answer brief within seven (7) days from the date of the entry 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 |
2014-08-19
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORD-Stricken as Unauthorized ~ ORDERED that, having considered appellee's July 28, 2014, response, appellants' motion for review filed June 20, 2014, is stricken as unauthorized.
|
|
Docket Date |
2014-08-18
|
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 |
LASALLE BANK, N.A.
|
|
Docket Date |
2014-08-01
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
|
Docket Date |
2014-07-28
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO MOTION FOR REVIEW
|
On Behalf Of |
LASALLE BANK, N.A.
|
|
Docket Date |
2014-07-18
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-Appellee to File Response ~ ORDERED that within ten (10) days of this order appellee, Lasalle Bank, shall file a response to the Motion for Review of Order Denying Unopposed Motion to Cancel Foreclosure Sale.
|
|
Docket Date |
2014-06-20
|
Type |
Motions Other
|
Subtype |
Motion For Review
|
Description |
Motion For Review ~ OF ORDER DENYING MOTION TO CANCEL SALE (STRICKEN AS UNAUTHORIZED 8/19/14)
|
On Behalf Of |
Sherman Balch
|
|
Docket Date |
2014-06-17
|
Type |
Misc. Events
|
Subtype |
Docketing Statement
|
Description |
Docketing Statement ~ PS Sherman Balch
|
|
Docket Date |
2014-06-06
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2014-06-03
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Sherman Balch
|
|
Docket Date |
2014-06-03
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|
DIANA JELIC, VS LASALLE BANK, NATIONAL ASSOCIATION, ET AL.
|
4D2013-4040
|
2013-10-29
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502009CA004409XXXXMB
|
Parties
Name |
Diana Jelic
|
Role |
Appellant
|
Status |
Active
|
Representations |
Peter David Ticktin, Joshua Adam Bleil, Michael R. Vater, Kendrick Almaguer
|
|
Name |
WASHINGTON MUTUAL MORTGAGE COMPANY
|
Role |
Appellee
|
Status |
Active
|
|
Name |
LASALLE BANK NATIONAL ASSOC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Michael N. Hosford, Sarah Todd Weitz, Steven Weitz
|
|
Name |
UNKNOWN TENANTS
|
Role |
Appellee
|
Status |
Active
|
|
Name |
MILAN JELIC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
HON. KENNETH D. STERN
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Palm Beach
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2015-04-10
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2015-04-10
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2015-03-25
|
Type |
Disposition by Opinion
|
Subtype |
Reversed
|
Description |
Reversed - Authored Opinion
|
|
Docket Date |
2015-03-25
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Order Granting Attorney Fees-Prevailing ~ ORDERED that the appellant's motion for attorneys' fees filed April 7, 2014, is granted conditioned on the trial court determining that appellant is the prevailing party and, if so, to set the amount of the attorneys' fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection therewith, including but not limited to preparation of a responsive pleading, shall be taken into account in computing the amount of the fee
|
|
Docket Date |
2015-01-20
|
Type |
Notice
|
Subtype |
Notice of Supplemental Authority
|
Description |
Notice of Supplemental Authority
|
On Behalf Of |
LASALLE BANK NATIONAL ASSOC.
|
|
Docket Date |
2014-10-16
|
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 |
2014-10-06
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
Description |
Notice of Agreed Extension - Reply Brief ~ 30 DAYS TO 11/05/14
|
On Behalf Of |
Diana Jelic
|
|
Docket Date |
2014-09-15
|
Type |
Brief
|
Subtype |
Amended Answer Brief
|
Description |
Amended Appellee's Answer Brief
|
On Behalf Of |
LASALLE BANK NATIONAL ASSOC.
|
|
Docket Date |
2014-09-11
|
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 motion filed September 5, 2014, for extension of time, is granted and appellee shall serve the amended answer brief on or before September 15, 2014. 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 |
2014-09-05
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extension of time to file Answer Brief ~ FOR AMENDED ANSWER BRIEF
|
On Behalf Of |
LASALLE BANK NATIONAL ASSOC.
|
|
Docket Date |
2014-08-19
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ TWO (2) VOLUMES
|
|
Docket Date |
2014-08-19
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
Description |
Order Granting Motion to Supplement the Record ~ ORDERED that appellant's motion filed July 22, 2014, 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 supplemented material in this court within twenty (20) days from the date of this order. Appellant shall monitor the supplementation process; further, ORDERED that appellee may serve an amended answer brief within twenty (20) days from receipt of the supplemental record.
|
|
Docket Date |
2014-08-05
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
Diana Jelic
|
|
Docket Date |
2014-07-31
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO MOTION TO SUPPLEMENT THE RECORD
|
On Behalf Of |
LASALLE BANK NATIONAL ASSOC.
|
|
Docket Date |
2014-07-22
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion To File Supplemental Record ~ (GRANTED 8/19/14)
|
On Behalf Of |
Diana Jelic
|
|
Docket Date |
2014-07-16
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ **PROPOSED** (mot/supp.was rejected - will be re-filed)
|
On Behalf Of |
Diana Jelic
|
|
Docket Date |
2014-07-09
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
Description |
Notice of Agreed Extension - Reply Brief ~ TO 08/07/14
|
On Behalf Of |
Diana Jelic
|
|
Docket Date |
2014-06-19
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
Description |
Notice of Agreed Extension - Reply Brief ~ TO 07/08/14
|
On Behalf Of |
Diana Jelic
|
|
Docket Date |
2014-05-30
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ DENIED; SEE 3-25-15 ORDER
|
On Behalf Of |
LASALLE BANK NATIONAL ASSOC.
|
|
Docket Date |
2014-05-30
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
LASALLE BANK NATIONAL ASSOC.
|
|
Docket Date |
2014-05-27
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ 3 DAYS TO 05/30/14
|
On Behalf Of |
LASALLE BANK NATIONAL ASSOC.
|
|
Docket Date |
2014-04-24
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 05/27/14
|
On Behalf Of |
LASALLE BANK NATIONAL ASSOC.
|
|
Docket Date |
2014-04-10
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's notice of agreed extension filed April 2, 2014, for extension of time to file the initial brief is hereby granted. Said brief was filed April 7, 2014; further,ORDERED that the appellee, Lasalle Bank N.A. as trustee for Washington Mutual Mortgage Pass-Through Certificates WMALT Series 2006-4 Trust¿s motion filed March 25, 2014, to dismiss appeal for appellant¿s failure to show good cause is hereby determined moot. Appellant¿s initial brief was filed April 7, 2014.
|
|
Docket Date |
2014-04-07
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument ~ AA Kendrick Almaguer 0055323
|
|
Docket Date |
2014-04-07
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
Diana Jelic
|
|
Docket Date |
2014-04-07
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
Diana Jelic
|
|
Docket Date |
2014-04-02
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief ~ *AND* SHOWING OF GOOD CAUSE
|
On Behalf Of |
Diana Jelic
|
|
Docket Date |
2014-03-28
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Order denying EOT w/out prejudice 9.300(a) ~ ORDERED that appellant's motion for extension of time, contained in the response to order to show cause, filed March 20, 2014, is hereby denied without prejudice for failure to comply with Florida Rule of Appellate Procedure 9.300(a). See also this court's Notice to Attorneys and Parties, Paragraph 1 and 2.
|
|
Docket Date |
2014-03-25
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss ~ (MOOT) FOR FAILURE TO SHOW GOOD CAUSE
|
On Behalf Of |
LASALLE BANK NATIONAL ASSOC.
|
|
Docket Date |
2014-03-20
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Order to Show Cause
|
On Behalf Of |
Diana Jelic
|
|
Docket Date |
2014-03-10
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Initial Brief ~ Upon receipt of the appellee's second motion filed February 20, 2014, it is ORDERED, the appellant in the above-styled case is hereby directed to file with this Court, and show cause in writing, if any there be, on or before March 20, 2014, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's initial brief has not been filed with this Court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
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Docket Date |
2014-02-20
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Type |
Motions Other
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Subtype |
Miscellaneous Motion
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Description |
Miscellaneous Motion ~ (SECOND) FOR ORDER TO SHOW CAUSE AND FOR ATTY'S FEES
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On Behalf Of |
LASALLE BANK NATIONAL ASSOC.
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Docket Date |
2014-02-06
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Type |
Record
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Subtype |
Record on Appeal
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Description |
Received Records ~ TWO (2) VOLUMES
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Docket Date |
2014-01-30
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Type |
Order
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Subtype |
Order to Register/Update eDCA
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Description |
Counsel to register with eDCA ~ Be advised that Steven C. Weitz and Michael N. Hosford has failed to comply with this Court¿s Administrative Order No. 2013-01, requiring counsel of record to register with the Fourth District Court of Appeal¿s electronic filing system to receive electronic copies of court communications, including but not limited to orders.You are further advised that to receive all communications from this Court in electronic form you must register at www.4dca.org or https://edca.4dca.org.Unless you obtain a hardship waiver of the registration requirement the Clerk of the Court shall cease mailing paper copies of all communications from the Court to you after ten (10) days from the date of this order.Paper copies can be obtained by completing a Copy Request Form located at www.4dca.org.AMERICANS WITH DISABILITIES ACT: If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, the provision of certain assistance. Please contact the Marshal, Daniel DiGiacomo, 4th District Court of Appeal, 1525 Palm Beach Lakes Blvd., West Palm Beach, Florida 33401, telephone (561)242-2000; 1-800-955-8771(TDD): or 1-800-955-8770(V) via Florida Relay Service, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
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Docket Date |
2014-01-29
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Type |
Order
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Subtype |
Order
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Description |
ORD-Moot ~ ORDERED that the appellees' motion filed January 22, 2014, for order to show cause and motion for attorney¿s fees is hereby determined to be moot. Notice of agreed extension for initial brief filed January 27, 2014.
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Docket Date |
2014-01-27
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Type |
Notice
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Subtype |
Notice of Agreed Extension of Time - Initial Brief
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Description |
Notice of Agreed Extension - Initial Brief ~ TO 02/14/14
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On Behalf Of |
Diana Jelic
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Docket Date |
2014-01-22
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Type |
Motions Other
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Subtype |
Miscellaneous Motion
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Description |
Miscellaneous Motion ~ FOR ORDER TO SHOW CAUSE AND FOR ATTY'S FEES
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On Behalf Of |
LASALLE BANK NATIONAL ASSOC.
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Docket Date |
2013-11-22
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Type |
Order
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Subtype |
Order on Filing Fee
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Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this Court within ten (10) days from the date of the entry of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. 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. 4DCA 1997). Failure of the attorney to pay will result in referral to the Florida Department of Banking and Finance for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
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Docket Date |
2013-11-12
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Type |
Letter
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Subtype |
Acknowledgment Letter
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Description |
Acknowledgment Letter
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Docket Date |
2013-10-29
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Type |
Notice
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Subtype |
Notice of Appeal
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Description |
Notice of Appeal Filed
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On Behalf Of |
Diana Jelic
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Docket Date |
2013-10-29
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Type |
Misc. Events
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Subtype |
Fee Status
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Description |
A3:Paid In Full - $300
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