|
FRANK MORENO VS DENILLO BUILDERS CORPORATION
|
6D2023-0669
|
2022-08-08
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
6th District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Lee County
19-CA-001758
|
Parties
| Name |
FRANK MORENO
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
JONATHAN M. BIERFELD, ESQ., JACK C. MORGAN, I I I, ESQ., SCOTT J. HERTZ, ESQ.
|
|
| Name |
DENILLO BUILDERS CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
W. RYAN MURPHY, ESQ.
|
|
| Name |
HON. JOSEPH C. FULLER, JR.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
KEVIN KARNES, CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-04-27
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-04-04
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2023-04-04
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-SUA SPONTE DISMISSAL ~ This appeal is dismissed for failure of the appellant to comply with the court’s September 19, 2022 order to show cause.
|
|
| Docket Date |
2023-01-03
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-12-30
|
| Type |
Disposition by Order
|
| Subtype |
Transferred
|
| Description |
Transfer to Sixth DCA
|
|
| Docket Date |
2022-09-19
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
ORD-TO SHOW CAUSE ~ This court's August 31, 2022, order is vacated. Within 10 days from the date of this order, the appellant shall show cause why this appeal should not be dismissed as attempted to be initiated with a void notice of appeal. The notice of appeal was filed after the appellant filed a bankruptcy petition in the federal court. See Hewett v. Wells Fargo Bank, N.A., 197 So. 3d 1105 (Fla. 2d DCA 2016); AmMed Surgical Equip., LLC v. Prof'l Med. Billing Specialists, LLC, 2D14-4968, 162 So. 3d 209 (Fla. 2d DCA 2015); but see 11 U.S.C. § 108(c).
|
|
| Docket Date |
2022-08-31
|
| Type |
Order
|
| Subtype |
Order re Stay
|
| Description |
bankruptcy stay ~ *VACATED-SEE 9/19/2022 ORDER.*This court is prevented from any action in this appeal due to the automatic stay provision of 11 U.S.C., Section 362, Bankruptcy Code, unless a party receives stay relief from the bankruptcy court which at this time has jurisdiction. The parties are directed to inform this court when the bankruptcy court grants relief from the automatic stay or when the stay lapses. If neither of these events occurs within 120 days of this order, the parties are requested to provide this court with individual status reports or a joint report.
|
|
| Docket Date |
2022-08-15
|
| Type |
Notice
|
| Subtype |
Suggestion of Bankruptcy
|
| Description |
Suggestion of Bankruptcy
|
| On Behalf Of |
FRANK MORENO
|
|
| Docket Date |
2022-08-09
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-08-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER
|
| On Behalf Of |
FRANK MORENO
|
|
| Docket Date |
2022-08-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
HL:Fee Owed
|
|
|
|
FRANK MORENO VS DENILLO BUILDERS CORPORATION
|
2D2022-2547
|
2022-08-08
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Lee County
19-CA-001758
|
Parties
| Name |
FRANK MORENO
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
SCOTT J. HERTZ, ESQ., JACK C. MORGAN, I I I, ESQ., JONATHAN M. BIERFELD, ESQ.
|
|
| Name |
DENILLO BUILDERS CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
W. RYAN MURPHY, ESQ.
|
|
| Name |
HON. JOSEPH C. FULLER, JR.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
LEE CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-08-15
|
| Type |
Notice
|
| Subtype |
Suggestion of Bankruptcy
|
| Description |
Suggestion of Bankruptcy
|
| On Behalf Of |
FRANK MORENO
|
|
| Docket Date |
2022-08-09
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-08-31
|
| Type |
Order
|
| Subtype |
Order re Stay
|
| Description |
bankruptcy stay ~ *VACATED-SEE 9/19/2022 ORDER.*This court is prevented from any action in this appeal due to the automatic stay provision of 11 U.S.C., Section 362, Bankruptcy Code, unless a party receives stay relief from the bankruptcy court which at this time has jurisdiction. The parties are directed to inform this court when the bankruptcy court grants relief from the automatic stay or when the stay lapses. If neither of these events occurs within 120 days of this order, the parties are requested to provide this court with individual status reports or a joint report.
|
|
| Docket Date |
2022-12-30
|
| Type |
Disposition by Order
|
| Subtype |
Transferred
|
| Description |
Transfer to Sixth DCA
|
|
| Docket Date |
2022-12-30
|
| Type |
Disposition
|
| Subtype |
Transferred
|
| Description |
Transferred - Order by Judge ~ Transferred to the 6DCA.
|
|
| Docket Date |
2022-09-19
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
ORD-TO SHOW CAUSE ~ This court's August 31, 2022, order is vacated. Within 10 days from the date of this order, the appellant shall show cause why this appeal should not be dismissed as attempted to be initiated with a void notice of appeal. The notice of appeal was filed after the appellant filed a bankruptcy petition in the federal court. See Hewett v. Wells Fargo Bank, N.A., 197 So. 3d 1105 (Fla. 2d DCA 2016); AmMed Surgical Equip., LLC v. Prof'l Med. Billing Specialists, LLC, 2D14-4968, 162 So. 3d 209 (Fla. 2d DCA 2015); but see 11 U.S.C. § 108(c).
|
|
| Docket Date |
2022-08-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
HL:Fee Owed
|
|
| Docket Date |
2022-08-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER
|
| On Behalf Of |
FRANK MORENO
|
|
|
|
DENILLO BUILDERS CORPORATION VS WILLIAM VANDUZEN
|
2D2022-0731
|
2022-03-08
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Lee County
18-CA-5764
|
Parties
| Name |
DENILLO BUILDERS CORPORATION
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
W. RYAN MURPHY, ESQ.
|
|
| Name |
WILLIAM VANDUZEN
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
SCOTT J. HERTZ, ESQ., JACK C. MORGAN, I I I, ESQ.
|
|
| Name |
HON. JOSEPH C. FULLER, JR.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
LEE CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-03-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2022-12-12
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-12-12
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-11-18
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Both the Petitioner and the Respondent filed motions for appellate attorney's fees pursuant to section 713.29, Florida Statues (2022). Petitioner's motion is denied. Because Respondent's motion is contingent upon the outcome of the underlying action, it is remanded to the trial court; if the Respondent establishes entitlement thereto, the trial court is authorized to award the Respondent all of the reasonable appellate attorney's fees he incurred.
|
|
| Docket Date |
2022-11-18
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - PC Denied
|
|
| Docket Date |
2022-05-02
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ RESPONDENT'S MOTION FOR APPELLATE ATTORNEY FEES AND COSTS
|
| On Behalf Of |
WILLIAM VANDUZEN
|
|
| Docket Date |
2022-05-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE'S SUPPLEMENTAL APPENDIX FOR RESPONSE TO PETITION FOR WRIT OF CERTIORARI FROM THE TWENTIETH JUDICIAL CIRCUIT COURTLEE COUNTY, FLORIDA
|
| On Behalf Of |
WILLIAM VANDUZEN
|
|
| Docket Date |
2022-04-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
grant eot for cert response ~ Respondent's motion for extension of time to serve the response is granted. Theresponse shall be served within 7 days of this order.
|
|
| Docket Date |
2022-04-26
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
DENILLO BUILDERS CORPORATION
|
|
| Docket Date |
2022-04-22
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion Extension of time To File Response
|
| On Behalf Of |
WILLIAM VANDUZEN
|
|
| Docket Date |
2022-04-06
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ PETITIONER'S MOTION FOR A CONDITIONAL AWARD OF APPELLATE ATTORNEYS' FEES AND COSTS
|
| On Behalf Of |
DENILLO BUILDERS CORPORATION
|
|
| Docket Date |
2022-03-24
|
| Type |
Order
|
| Subtype |
Order to Respond to Petition
|
| Description |
certiorari response - pretrial ~ Respondent shall serve a response to the petition for writ of certiorari within 30days. Petitioner may serve a reply within 30 days thereafter.The parties shall keep this court apprised of all hearings or trial dates that mayaffect this proceeding.
|
|
| Docket Date |
2022-03-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-03-08
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
DENILLO BUILDERS CORPORATION
|
|
| Docket Date |
2022-03-08
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
ORIGINAL APPENDIX OR ATTACHMENT
|
| On Behalf Of |
DENILLO BUILDERS CORPORATION
|
|
|
