|
NATIONSTAR MORTGAGE, LLC., Appellant(s) v. ADAM BROWN, BAYVIEW LOAN SERVING, LLC, Appellee(s).
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2D2023-2088
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2023-09-28
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Sarasota County
17-CA-3828-NC
|
Parties
| Name |
NATIONSTAR MORTGAGE LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Alec Peyton Hayes, Michael Vincent Supple, Kimberly Lyn George
|
|
| Name |
ADAM BROWN, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
BAYVIEW LOAN SERVING, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Scott David McKay
|
|
| Name |
Hon. Hunter Wyman Carroll
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Sarasota Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-27
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
"Appellant's Motion to Stay Appeal Pending Finalization of Settlement" is granted for 60 days from the date of this order.
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| View |
View File
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|
| Docket Date |
2024-11-21
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
APPELLANT'S MOTION TO STAY APPEAL PENDING FINALIZATION OF SETTLEMENT
|
| On Behalf Of |
NATIONSTAR MORTGAGE, LLC.
|
|
| Docket Date |
2024-09-19
|
| Type |
Response
|
| Subtype |
Objection
|
| Description |
APPELLEES' OPPOSITION TO APPELLANT'S MOTION FOR WRITTEN OPINION AND REHEARING, OR ALTERNATIVELY REHEARING EN BANC
|
| On Behalf Of |
BAYVIEW LOAN SERVING, LLC
|
|
| Docket Date |
2024-09-17
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing and Rehearing En Banc
|
| Description |
**SEE ORDER DATED 1/8/2025**
APPELLANT'S MOTION FOR WRITTEN OPINION AND REHEARING, OR ALTERNATIVELY REHEARING EN BANC
|
| On Behalf Of |
NATIONSTAR MORTGAGE, LLC.
|
|
| Docket Date |
2024-08-30
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
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| Description |
**VACATED** **SEE ORDER DATED 1/8/2025** (ORDER WITHDRAWING PRIOR DISPOSITION AND ORDER ON MOTION FOR ATTORNEY'S FEES; and ORDER DISMISSING APPEAL AND DENYING FEE MOTION AS MOOT)
Appellees have filed a motion for appellate attorney's fees pursuant to the terms and conditions of the note and mortgage at issue in this appeal. Appellees' motion is granted and is remanded to the trial court for determination of the reasonable amount of attorney's fees expended in defending this appeal. Appellees' motion for costs is stricken. See Fla. R. App. P. 9.400(a).
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| View |
View File
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|
| Docket Date |
2024-08-30
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| Type |
Disposition by Opinion
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| Subtype |
Affirmed
|
| Description |
**VACATED** **SEE ORDER DATED 1/8/2025** (ORDER WITHDRAWING PRIOR DISPOSITION AND ORDER ON MOTION FOR ATTORNEY'S FEES; and ORDER DISMISSING APPEAL AND DENYING FEE MOTION AS MOOT)
Affirmed
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| View |
View File
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|
| Docket Date |
2024-06-14
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set
|
|
| Docket Date |
2024-05-15
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
NATIONSTAR MORTGAGE, LLC.
|
| View |
View File
|
|
| Docket Date |
2024-04-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Appellant's motion for extension of time is granted, and the reply brief shall be served by May 15, 2024. However, further motions for extension of time are unlikely to receive favorable consideration.
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| View |
View File
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|
| Docket Date |
2024-04-15
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| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Motion for Extension of Time to Serve Reply Brief
|
| On Behalf Of |
NATIONSTAR MORTGAGE, LLC.
|
|
| Docket Date |
2024-03-18
|
| 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 April 15, 2024.
|
|
| Docket Date |
2024-03-15
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
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| On Behalf Of |
NATIONSTAR MORTGAGE, LLC.
|
|
| Docket Date |
2024-02-15
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| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
BAYVIEW LOAN SERVING, LLC
|
|
| Docket Date |
2024-02-15
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| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
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| On Behalf Of |
BAYVIEW LOAN SERVING, LLC
|
|
| Docket Date |
2024-02-15
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| Type |
Motions Relating to Oral Argument
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| Subtype |
Motion/Request for Oral Argument
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| Description |
Request for Oral Argument
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| On Behalf Of |
BAYVIEW LOAN SERVING, LLC
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|
| Docket Date |
2024-01-04
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shall beserved within 45 days from the date of this order.
|
|
| Docket Date |
2024-01-03
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
BAYVIEW LOAN SERVING, LLC
|
|
| Docket Date |
2023-12-06
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief
|
| On Behalf Of |
NATIONSTAR MORTGAGE, LLC.
|
|
| Docket Date |
2023-12-05
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| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
NATIONSTAR MORTGAGE, LLC.
|
|
| Docket Date |
2023-12-01
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| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ CARROLL - 1390 PAGES REDACTED
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| On Behalf Of |
Sarasota Clerk
|
|
| Docket Date |
2023-11-22
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| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Sarasota Clerk
|
|
| Docket Date |
2023-10-25
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| Type |
Order
|
| Subtype |
Order on Miscellaneous Motion
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| Description |
Grant Miscellaneous Motion-79 ~ Appellant's unopposed motion to correct case style and caption is granted asfollows. This case is restyled as "Nationstar Mortgage, LLC., v. Adam Brown, et. al."Bayview Loan Servicing, LLC, is not a party to this appeal.
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| Docket Date |
2023-10-23
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| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ W/ORDER
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| On Behalf Of |
NATIONSTAR MORTGAGE, LLC.
|
|
| Docket Date |
2023-10-19
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| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ APPELLANT'S UNOPPOSED MOTION TO CORRECT CASE STYLE AND CAPTION
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| On Behalf Of |
NATIONSTAR MORTGAGE, LLC.
|
|
| Docket Date |
2023-10-19
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| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
NATIONSTAR MORTGAGE, LLC.
|
|
| Docket Date |
2023-09-28
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| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
| On Behalf Of |
NATIONSTAR MORTGAGE, LLC.
|
|
| Docket Date |
2023-09-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2023-09-28
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| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER APPEALED
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| On Behalf Of |
NATIONSTAR MORTGAGE, LLC.
|
|
| Docket Date |
2023-09-28
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| 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 therequired $300.00 filing fee or, if applicable, a certificate or order of the lower tribunalfinding appellant insolvent pursuant to section 57.081, Florida Statutes, within twentydays from the date of this order.If this court does not receive either of the above within the prescribed time, thisappeal may be subject to dismissal without further notice.
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|
| Docket Date |
2025-01-08
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
ORDER WITHDRAWING PRIOR DISPOSITION AND ORDER ON MOTION FOR ATTORNEY'S FEES; and ORDER DISMISSING APPEAL AND DENYING FEE MOTION AS MOOT
The prior disposition and order on motion for attorney's fees issued by this court on August 30, 2024, are vacated. The joint stipulation of dismissal and withdrawal of appellant's motion for written opinion and rehearing, or alternatively, rehearing en banc is granted. This appeal is hereby dismissed, and the fee motion is denied as moot.
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| View |
View File
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| Docket Date |
2024-12-17
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| Type |
Motions Other
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| Subtype |
Motion to Withdraw Filing
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| Description |
**SEE ORDER DATED 1/8/2025**
Motion to Withdraw Filing - JOINT STIPULATION OF DISMISSAL AND WITHDRAWAL OF APPELLANT'S MOTION FOR WRITTEN OPINION AND REHEARING OR ALTERNATIVELY REHEARING EN BANC
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| On Behalf Of |
NATIONSTAR MORTGAGE, LLC.
|
|
| Docket Date |
2024-06-17
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| Type |
Order
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| Subtype |
Order Setting Oral Argument
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| Description |
This case is provisionally set for oral argument on August 22, 2024, at 11:00 AM, before: Judge Craig C. Villanti, Judge Anthony K. Black, Judge Susan H. Rothstein-Youakim. Oral argument will occur at the Second District Court of Appeal, 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 https://2dca.flcourts.gov. Counsel or parties are requested to make their presence known to court personnel 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. 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 that follows this order.
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| View |
View File
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BAYVIEW LOAN SERVING, L LC VS ADAM BROWN, ET AL
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2D2020-1824
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2020-06-10
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Closed
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|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
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| Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Sarasota County
2017-CA-3828-NC
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Parties
| Name |
BAYVIEW LOAN SERVING, L LC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
SHAWN TAYLOR, ESQ., ROBERTSON, ANSCHUTZ & SCHNEID, BRANDI WILSON, ESQ.
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|
| Name |
ADAM BROWN, INC.
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| Role |
Appellee
|
| Status |
Active
|
| Representations |
SCOTT D. MC KAY, ESQ.
|
|
| Name |
HON. ANDREA MC HUGH
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HON. HUNTER CARROLL
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
SARASOTA CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-12-08
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-11-09
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| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
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|
| Docket Date |
2021-10-21
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| Type |
Order
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| Subtype |
Order
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| Description |
Miscellaneous Order ~ Appellant Bayview Loan Servicing filed a motion for appellate attorneys' fees, pursuant to paragraph 6(E) of the promissory note ("If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all its costs and expenses in enforcing this Note . . . to the extent not prohibited by Applicable Law") and paragraphs 22 ("Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 22, including but not limited to, reasonable attorney's fees . . . .") and 24 ("As used in this Security Instrument and the Note, attorneys’ fees shall include those awarded by an appellate court . . . .") of the mortgage. The request for attorney's fees is remanded to the trial court; if the Appellant establishes its entitlement thereto, the trial court is authorized to award Appellant all of the reasonable appellate attorney's fees it incurred. The motion for appellate attorney's fees filed by Appellees pursuant to section 57.105(7), Florida Statutes (2020), is denied.
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| Docket Date |
2021-10-21
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| Type |
Disposition by Opinion
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| Subtype |
Reversed
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| Description |
Reversed - Authored Opinion ~ and remanded
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|
| Docket Date |
2021-09-03
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| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ CHANGE OF LEAD COUNSEL
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| On Behalf Of |
BAYVIEW LOAN SERVING, L LC
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|
| Docket Date |
2021-06-25
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| Type |
Notice
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| Subtype |
Notice
|
| Description |
Notice ~ OF COMPLIANCE WITH ORDER
|
| On Behalf Of |
ADAM BROWN
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|
| Docket Date |
2021-06-21
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| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ REDACTED - 150 PAGES
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|
| Docket Date |
2021-06-18
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| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
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| Description |
ORDER GRANTING MOTION TO SUPPLEMENT THE RECORD ~ Appellees’ motion to supplement the record is granted. Within three days from the date of this order, Appellees shall make arrangements with the clerk of the lower tribunal to supplement the record with the transcript of the motion for contempt and/or sanctions hearing from July 25, 2018. The clerk shall transmit the supplemental record within ten days thereafter.Because the record must be supplemented through the clerk of the lower tribunal as just described, the copies of the record materials attached to the motion to supplement will not be considered by this court.
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| Docket Date |
2021-06-07
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| Type |
Response
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| Subtype |
Response
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| Description |
RESPONSE ~ RESPONSE IN OPPOSITION TO APPELLEE'S REQUEST TO SUPPLEMENT THE RECORD
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| On Behalf Of |
BAYVIEW LOAN SERVING, L LC
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| Docket Date |
2021-05-26
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| Type |
Misc. Events
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| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Tampa
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|
| Docket Date |
2021-05-25
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| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ APPELLEES' NOTICE AND REQUEST TO SUPPLEMENT THE RECORD
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| On Behalf Of |
ADAM BROWN
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|
| Docket Date |
2021-03-12
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| Type |
Order
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| Subtype |
Order Re: Video Oral Argument
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| Description |
OA Notice Video ~ This case is provisionally set for oral argument on WEDNESDAY, MAY 26, 2021, at 11:00 A.M., before: Judge Robert J. Morris, Jr., Judge Matthew C. Lucas, Judge J. Andrew Atkinson. 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.
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| Docket Date |
2021-02-25
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| Type |
Order
|
| Subtype |
Order on Motion To Strike
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| Description |
Deny Motion to Strike-13a ~ Appellant's motion to strike Appellees' notice of supplemental authority and other non-record facts from answer brief is denied.
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|
| Docket Date |
2021-02-01
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| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
BAYVIEW LOAN SERVING, L LC
|
|
| Docket Date |
2021-01-29
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLANT'S MOTION FOR ATTORNEYS' FEES AND COSTS
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| On Behalf Of |
BAYVIEW LOAN SERVING, L LC
|
|
| Docket Date |
2021-01-29
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ APPELLANT'S MOTION TO STRIKE APPELLEE'S NOTICE OF SUPPLEMENTAL AUTHORITY AND OTHER NON-RECORD FACTS FROM ANSWER BRIEF
|
| On Behalf Of |
BAYVIEW LOAN SERVING, L LC
|
|
| Docket Date |
2020-12-30
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30 - RB DUE 2/3/21
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| On Behalf Of |
BAYVIEW LOAN SERVING, L LC
|
|
| Docket Date |
2020-12-03
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
ADAM BROWN
|
|
| Docket Date |
2020-12-03
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
ADAM BROWN
|
|
| Docket Date |
2020-12-03
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
ADAM BROWN
|
|
| Docket Date |
2020-12-03
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
ADAM BROWN
|
|
| Docket Date |
2020-11-19
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-DENYING APPELLEE'S MOTION TO DISMISS ~ Appellees' motion to dismiss is denied. Appellees' motion for an extension of time is granted, and Appellee shall serve the answer brief within fourteen days of the date of this order.
|
|
| Docket Date |
2020-11-12
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ IN OPPOSITION TO APPELLEE'S MOTION TO DISMISS APPELLANT'S APPEAL
|
| On Behalf Of |
BAYVIEW LOAN SERVING, L LC
|
|
| Docket Date |
2020-10-29
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-TO FILE RESPONSE ~ Appellant is directed to respond within fifteen (15) days from the date of this order to Appellees' motion to dismiss.
|
|
| Docket Date |
2020-10-28
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ APPELLEES ADAM BROWN'S AND HANA BROWN'S MOTION TO DISMISS APPELLANT'S APPEAL
|
| On Behalf Of |
ADAM BROWN
|
|
| Docket Date |
2020-10-21
|
| 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 |
ADAM BROWN
|
|
| Docket Date |
2020-09-21
|
| 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 shallbe served within 30 days from the date of this order.
|
|
| Docket Date |
2020-09-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ APPELLEES ADAM BROWN'S AND HANA BROWN'S AGREED TO MOTION FOR EXTENSION OF TIME TO SERVE RESPONSE TO APPELLANT'S INITIAL BRIEF
|
| On Behalf Of |
ADAM BROWN
|
|
| Docket Date |
2020-08-19
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
BAYVIEW LOAN SERVING, L LC
|
|
| Docket Date |
2020-07-08
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ MCHUGH - REDACTED - 652 PAGES
|
|
| Docket Date |
2020-06-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2020-06-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER APPEALED
|
| On Behalf Of |
BAYVIEW LOAN SERVING, L LC
|
|
| Docket Date |
2020-06-10
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2020-06-10
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
BAYVIEW LOAN SERVICING, LLC VS ADAM BROWN, ET AL
|
2D2019-4677
|
2019-12-09
|
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 003828 NC
|
Parties
| Name |
BAYVIEW LOAN SERVICING, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
SHAWN TAYLOR, ESQ., BRANDI WILSON, ESQ.
|
|
| Name |
ADAM BROWN, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
SCOTT D. MC KAY, ESQ.
|
|
| Name |
HON. ANDREA MC HUGH
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
SARASOTA CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-05-01
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2020-04-09
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-DENYING APPELLEE'S MOTION TO DISMISS ~ The appellees' motion to dismiss is denied as moot.
|
|
| Docket Date |
2020-04-09
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ Lucas, Badalamenti, and Rothstein-Youakim
|
|
| Docket Date |
2020-04-09
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
dismiss appeal as untimely filed ~ This appeal is dismissed as untimely filed. See Brandal v. State Farm Mut. Auto. Ins. Co., 310 So. 2d 780 (Fla. 1st DCA 1975); Wilson v. Wilson, 906 So. 2d 356 (Fla. 1st DCA 2005); Richardson v. Watson, 611 So. 2d 1254, 1255 (Fla. 2d DCA 1992).The appellees' motion to dismiss is denied as moot.
|
|
| Docket Date |
2020-04-03
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ This court's March 25, 2020, order is amended as reflected in the present order. The court notes that the appellant has responded to the order as if corrected. Within 10 days of the date of this order, the appellant shall show cause why this appeal should not be dismissed as untimely filed. The order rendered on October 17, 2019 (the first order attached to the appellant's amended notice of appeal) merely dismissed the appellant's complaint without prejudice to file an amended complaint. Such an order is interlocutory, and an appeal of it is subject to dismissal. See, e.g., Brandal v. State Farm Mut. Auto. Ins. Co., 310 So. 2d 780 (Fla. 1st DCA 1975). The appellant's motion for reconsideration, even if timely under rule 1.530(b), did not toll rendition of that order, see Richardson v. Watson, 611 So. 2d 1254, 1255 (Fla. 2d DCA 1992), such that the December 9, 2019, notice of appeal was untimely filed. As such, this court is without jurisdiction to entertain the appeal, and the appellant's proposed "abatement" of the appeal, appellant's response, Mar. 23, 2020, ¶ 5, is not available.
|
|
| Docket Date |
2020-04-01
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE TO ORDER TO SHOW CAUSE
|
| On Behalf Of |
BAYVIEW LOAN SERVICING, LLC
|
|
| Docket Date |
2020-03-25
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-TO FILE RESPONSE ~ Within 10 days of the date of this order, the appellant shall show cause why this appeal should not be dismissed as untimely filed. The order rendered on October 17, 2019 (the first order attached to the appellant's amended notice of appeal) merely dismissed the appellant's complaint without prejudice to file an amended complaint. Such an order is interlocutory, and an appeal of it is subject to dismissal. See, e.g., Brandal v. State Farm Mut. Auto. Ins. Co., 310 So. 2d 780 (Fla. 1st DCA 1975). The appellant's motion for reconsideration, even if timely under rule 1.530(b), did toll rendition of that order, see Richardson v. Watson, 611 So. 2d 1254, 1255 (Fla. 2d DCA 1992), such that the December 9, 2019, notice of appeal was untimely filed. As such, this court is without jurisdiction to entertain the appeal, and the appellant's proposed "abatement" of the appeal, appellant's response, Mar. 23, 2020, ¶ 5, is not available.
|
|
| Docket Date |
2020-03-23
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ RESPONSE IN OPPOSITION TO APPELLEE'S MOTION TO DISMISSAPPELLANT'S APPEAL FOR LACK OF JURISDICTION AND/OR REQUESTFOR ABATEMENT
|
| On Behalf Of |
BAYVIEW LOAN SERVICING, LLC
|
|
| Docket Date |
2020-03-18
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-TO FILE RESPONSE ~ Appellant is directed to respond within fifteen (15) days from the date of this order to Appellee’s motion to dismiss.
|
|
| Docket Date |
2020-03-17
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ APPELLEES ADAM BROWN'S AND HANA BROWN'S MOTION TO DISMISS APPELLANT'S APPEAL FOR LACK OF JURISDICTION
|
| On Behalf Of |
ADAM BROWN
|
|
| Docket Date |
2020-03-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shallbe served within 30 days from the date of this order.
|
|
| Docket Date |
2020-02-28
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ AMENDED MOTION FOR EXTENSION OF TIME TO SERVE RESPONSE TO APPELLANT'S INITIAL BRIEF
|
| On Behalf Of |
ADAM BROWN
|
|
| Docket Date |
2020-02-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ APPELLEES ADAM BROWN'S AND HANA BROWN'S MOTION FOR EXTENSIONOF TIME TO SERVE RESPONSE TO APPELLANT'S INITIAL BRIEF
|
| On Behalf Of |
ADAM BROWN
|
|
| Docket Date |
2020-02-03
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-WITHDRAW AS COUNSEL ~ The motion to withdraw as counsel for the appellant filed by Attorneys Nancy M. Wallace, Eric M. Levine, and William P. Heller is granted. Attorneys Wallace, Levine, and Heller and the Akerman LLP firm shall have no further responsibilities in this appeal. Attorneys Brandi Wilson and Shawn Taylor remain counsel of record for the appellant.By its own motion, the court also removes from the docket Attorney Gweneth Brimm, who was served with the notice of appeal, where she is listed as a trial attorney for the appellant. If Attorney Brimm remains as appellate co-counsel for the appellant, she shall file a notice of appearance within 15 days of the date of this order.
|
|
| Docket Date |
2020-01-31
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
BAYVIEW LOAN SERVICING, LLC
|
|
| Docket Date |
2020-01-22
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
BAYVIEW LOAN SERVICING, LLC
|
|
| Docket Date |
2020-01-22
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
BAYVIEW LOAN SERVICING, LLC
|
|
| Docket Date |
2020-01-22
|
| Type |
Record
|
| Subtype |
Appendix to Initial Brief
|
| Description |
Appendix for Initial Brief
|
| On Behalf Of |
BAYVIEW LOAN SERVICING, LLC
|
|
| Docket Date |
2020-01-07
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ REDACTED, MCHUGH - 420 PGS.
|
| On Behalf Of |
SARASOTA CLERK
|
|
| Docket Date |
2019-12-17
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
BAYVIEW LOAN SERVICING, LLC
|
|
| Docket Date |
2019-12-10
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2019-12-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2019-12-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
BAYVIEW LOAN SERVICING, LLC
|
|
| Docket Date |
2019-12-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
ADAM BROWN VS STATE OF FLORIDA
|
5D2013-2456
|
2013-07-08
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Criminal - Belated Appeal
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Eighteenth Judicial Circuit, Brevard County
05-2011-CF-27156-A
|
Parties
| Name |
ADAM BROWN, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Wesley Heidt, Office of the Attorney General
|
|
| Name |
Hon. Morgan L. Reinman
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk Brevard
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2013-09-13
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD
|
|
| Docket Date |
2013-09-13
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp. w/o Mandate
|
|
| Docket Date |
2013-08-28
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Docket Entry ~ REPORT PER 8/7ORDER FROM HON M.REINMAN
|
|
| Docket Date |
2013-08-27
|
| Type |
Order
|
| Subtype |
Order on Motion/Notice Voluntary Dismissal (non-dispositive)
|
| Description |
Order Granting Voluntary Dismissal
|
|
| Docket Date |
2013-08-27
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2013-08-19
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
ADAM BROWN
|
|
| Docket Date |
2013-08-07
|
| Type |
Order
|
| Subtype |
Order Appointing Commissioner
|
| Description |
ORD-Appoint Circuit Judge as Commissioner ~ REMANDED 45 DYS;APPT. HON. MORGAN REINMAN
|
|
| Docket Date |
2013-07-31
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PER 7/11ORDER
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2013-07-11
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause-Writs ~ W/I 20 DYS
|
|
| Docket Date |
2013-07-09
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2013-07-08
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
ADAM BROWN
|
|
| Docket Date |
2013-07-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF7:No Fee- Belated Appeal
|
|
|
