|
ADI COHEN VS US BANK TRUST, N.A.
|
4D2020-0392
|
2020-02-11
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE18-010559
|
Parties
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ADI COHEN LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Kenneth Eric Trent, Richard G. Chosid
|
|
| Name |
Desiree Ruiz
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WILLIAM RUIZ LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ICE LEGAL, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Michael Nickas
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
LSF11 MASTER PARTICIPATION TRUST
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
US Bank Trust, N.A.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Shaib Y. Rios, Maxine Meltzer
|
|
| Name |
Hon. Dennis D. Bailey
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2111-02-03
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous Entry/Document ~ ***RETURNED MAIL FOR M. NICKAS.***
|
|
| Docket Date |
2021-06-18
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-06-18
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-06-02
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Per Curiam Opinion
|
|
| Docket Date |
2021-02-03
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Adi Cohen
|
|
| Docket Date |
2021-01-25
|
| 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 January 22, 2021 motion for extension of time is granted, and appellant shall serve the reply brief within ten (10) 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 |
2021-01-22
|
| 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 |
Adi Cohen
|
|
| Docket Date |
2021-01-22
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Adi Cohen
|
|
| Docket Date |
2020-12-18
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
US Bank Trust, N.A.
|
|
| Docket Date |
2020-11-18
|
| 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 November 10, 2020 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 |
2020-11-10
|
| 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 |
US Bank Trust, N.A.
|
|
| Docket Date |
2020-10-19
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 38 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2020-10-13
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2020-10-08
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Adi Cohen
|
|
| Docket Date |
2020-09-29
|
| 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 |
Adi Cohen
|
|
| Docket Date |
2020-09-24
|
| 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 |
Adi Cohen
|
|
| Docket Date |
2020-09-24
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Adi Cohen
|
|
| Docket Date |
2020-09-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
ORD-Reinstatement ~ ORDERED that appellant's August 14, 2020 motion for reinstatement is granted, and the above-styled appeal is reinstated. Appellant shall file and serve the initial brief within ten (10) days from the date of this order.
|
|
| Docket Date |
2020-08-14
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
Adi Cohen
|
|
| Docket Date |
2020-07-29
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-Lack of Prosecution ~ ORDERED sua sponte that the above-styled case is dismissed for lack of prosecution.
|
|
| Docket Date |
2020-07-29
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2020-07-09
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before July 20, 2020, why the above-styled case should not be dismissed for lack of timely prosecution, in that 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.
|
|
| Docket Date |
2020-06-03
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Affidavit of Non-Payment of Appeal Invoice filed by the clerk of the lower tribunal on May 26, 2020, appellant is ordered to file a report, within ten (10) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
|
|
| Docket Date |
2020-06-03
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 426 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2020-05-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ ***STRICKEN***
|
| On Behalf Of |
Adi Cohen
|
|
| Docket Date |
2020-05-26
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2020-05-26
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant's May 26, 2020 response to order to show is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that there is no certificate of service or the certificate of service does not comply in substance with the requirements of Florida Rule of Judicial Administration 2.516(f).
|
|
| Docket Date |
2020-04-24
|
| Type |
Order
|
| Subtype |
Show Cause re Compliance with Prior Order
|
| Description |
Order to Show Cause-Appeal Dismissal ~ ORDERED that appellant is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed or other sanctions imposed for failure to comply with this court's March 26, 2020 order.
|
|
| Docket Date |
2020-03-26
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Affidavit of Non-Payment of Appeal Invoice filed by the clerk of the lower tribunal on March 18, 2020, appellant is ordered to file a report, within ten (10) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
|
|
| Docket Date |
2020-03-18
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2020-03-04
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
Order Vacated ~ ORDERED that this court's February 12, 2020 order to file an amended Notice of Appeal with certificate of service is vacated.
|
|
| Docket Date |
2020-02-26
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
US Bank Trust, N.A.
|
|
| Docket Date |
2020-02-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-02-11
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2020-02-11
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Adi Cohen
|
|
| Docket Date |
2020-10-07
|
| 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 September 29, 2020 motion for extension of time is granted, and appellant shall serve the initial brief on or before October 8, 2020. 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 |
2020-09-24
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Grant Supplemental ROA & EOT for Brief ~ ORDERED that appellant's September 23, 2020 motion to supplement the record and for extension of time 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 supplemental material in this court within twenty (20) days from the date of this order. Appellant shall monitor the supplementation process. Further,ORDERED that appellant’s September 23, 2020 motion for extension of time is granted, and appellant shall serve the initial brief on or before September 28, 2020.
|
|
| Docket Date |
2020-02-12
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Order for Amendment to Notice of Appeal ~ ORDERED that the appellant is directed to file, within ten (10) days from the date of this order, an amended Notice of Appeal with a certificate of service that states the name of the attorney of record for the appellee and his/her physical address.
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|
|
|
ICE LEGAL, P.A. VS NATIONSTAR MORTGAGE, LLC., et al.
|
4D2018-2047
|
2018-07-09
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE17-007455
|
Parties
| Name |
ICE LEGAL, P.A.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
MAX UTZSCHNEIDER, Thomas E. Ice
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
THE GREENS AT CAROLINA HOMEOWNERS ASSOC., INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CAROLINA MAINTENANCE ASSOC., INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CARMEL FINANCIAL CORP., INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
UNKNOWN PARTIES IN POSSESSION #2, etc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MALLORY CHERON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
NATIONSTAR MORTGAGE LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Emily Y. Rottmann, Sara F. Holladay-Tobias, Steven J. Thompson, Stephanie M. Taylor, Jason Bowyer, EDWARD MCDONOUGH
|
|
| Name |
UNKNOWN PARTIES IN POSSESSION #1, etc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CHRISMENE CHERON ST LOUIS
|
| 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 |
2019-03-15
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2019-03-15
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2019-02-27
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Per Curiam Opinion
|
|
| Docket Date |
2018-11-13
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
ICE LEGAL, P.A.
|
|
| Docket Date |
2018-11-13
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that the appellant's November 9, 2018 motion to supplement the record is granted, and the record is supplemented to include the notice of hearing filed April 4, 2018 and the trial court’s July 31, 2018 order denying Ice Legal’s motion for rehearing. Said supplemental record is deemed filed as of the date of this order.
|
|
| Docket Date |
2018-11-09
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
ICE LEGAL, P.A.
|
|
| Docket Date |
2018-11-09
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
ICE LEGAL, P.A.
|
|
| Docket Date |
2018-09-21
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (388 PAGES)
|
|
| Docket Date |
2018-09-12
|
| 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 September 11, 2018 motion for extension of time is granted, and appellant shall serve the initial brief within sixty (60) days from the date of this order. 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 |
2018-09-11
|
| 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 |
ICE LEGAL, P.A.
|
|
| Docket Date |
2018-09-05
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
ICE LEGAL, P.A.
|
|
| Docket Date |
2018-08-28
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Affidavit of Non-Payment of Appeal Invoice filed by the clerk of the lower tribunal on August 20, 2018, appellant is ordered to file a report within ten (10) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
|
|
| Docket Date |
2018-08-20
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
|
| Docket Date |
2018-08-10
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing
|
| On Behalf Of |
ICE LEGAL, P.A.
|
|
| Docket Date |
2018-07-24
|
| Type |
Order
|
| Subtype |
Order re Stay
|
| Description |
ORD-Case Stayed ~ A motion for rehearing appears to be pending in the trial court. ORDERED that the above-styled case is stayed until the trial court disposes of the motion for rehearing and appellant files a copy of the order in this court. On that date, the stay will be automatically lifted, and the briefing schedule shall run from that date. See Fla. R. App. P. 9.020(i)(3). If the trial court has not entered an order disposing of the motion within thirty (30) days from the date of this order, appellant shall file a status report with this court as to the progress being made towards disposition of the motion.
|
|
| Docket Date |
2018-07-23
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice
|
| On Behalf Of |
ICE LEGAL, P.A.
|
|
| Docket Date |
2018-07-10
|
| 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 that 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 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. 4th DCA 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 |
2018-07-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2018-07-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
ICE LEGAL, P.A.
|
|
| Docket Date |
2018-07-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
YAAKOV VANN VS ICE LEGAL, P.A. and THOMAS E. ICE
|
4D2016-4111
|
2016-12-06
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2015CA000195XXXXMB
|
Parties
| Name |
YAAKOV VANN
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Thomas E. Ice
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ICE LEGAL, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Richard A. Jarolem, Amanda Lundergan
|
|
| Name |
Hon. Cheryl A. Caracuzzo
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-03-23
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2017-03-23
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Certiorari ~ ORDERED that the February 15, 2017 petition for writ of certiorari is denied because petitioner Vann has failed to show a clear departure from the essential requirements of law.LEVINE, CONNER and FORST, JJ., concur.
|
|
| Docket Date |
2017-02-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that petitioner's February 1, 2017 motion for extension of time is granted in part. Petitioner shall file a petition for writ of certiorari and appendix within fifteen (15) days of this order. No further extensions will be considered absent extraordinary circumstances. Failure to timely comply with this order will result in dismissal of this proceeding.
|
|
| Docket Date |
2016-12-08
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Order Requiring Amended Certificate Service ~ **VACATED AS ISSUED IN ERROR - SEE 12/15/16 ORDER**ORDERED that appellant shall file, within five (5) days from the date of this order, a notice containing the physical address of every party in the certificate of service.The physical address of any attorney or party served with any pleading filed in this court must be provided along with any email address of that party used for service. See this court's Notice to Attorneys and to Parties Representing Themselves, Paragraph 3. The physical address of persons served shall be listed below the certificate of service.
|
|
| Docket Date |
2017-03-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Deny EOT to file Response ~ ORDERED that respondent's March 7, 2017 Motion for Extension of Time to Serve Answer Brief to Writ of Certiorari is denied as moot. No response has been required at this time. Fla. R. App. P. 9.100(h).
|
|
| Docket Date |
2017-03-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response ~ "MOTION FOR EXTENSION OF TIME TO SERVE ANSWER BRIEF TO WRIT OF CERTIORARI"
|
| On Behalf Of |
ICE LEGAL, P.A.
|
|
| Docket Date |
2017-02-15
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed ~ (WITH ATTACHED APPENDIX)
|
|
| Docket Date |
2017-02-01
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ TO FILE PETITION AND APPENDIX
|
|
| Docket Date |
2017-01-12
|
| Type |
Order
|
| Subtype |
Order Reclassifying Case
|
| Description |
ORD-NOA Treated as Writ ~ Upon consideration of appellant's December 19, 2016 response, it is ORDERED that the Notice of Appeal filed in the Circuit Court is treated as a Petition for Writ of Certiorari. Petitioner shall file a petition and appendix in compliance with Florida Rule of Appellate Procedure 9.100 within twenty (20) days from the date of this order.
|
|
| Docket Date |
2016-12-19
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
|
| Docket Date |
2016-12-15
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
Order Vacated ~ ORDERED that this court's December 8, 2016 order which directed appellant to file a notice containing the physical address of every party in the certificate of service is vacated as issued in error.
|
|
| Docket Date |
2016-12-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-12-06
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigent Status
|
|
| Docket Date |
2016-12-06
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
YAAKOV VANN
|
|
|
|
YAAKOV VANN VS ICE LEGAL, P.A. and THOMAS E. ICE.
|
4D2016-2348
|
2016-07-12
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2015CA000195XXXXMB
|
Parties
| Name |
YAAKOV VANN
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Thomas E. Ice
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
ICE LEGAL, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Richard A. Jarolem
|
|
| Name |
Hon. Cheryl A. Caracuzzo
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-12-08
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2017-12-08
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2017-11-16
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2017-07-31
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
|
| Docket Date |
2017-07-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORD-Reply Brief to be Served ~ ORDERED that appellant's July 10, 2017 motion for extension of time is granted in part, and appellant shall serve the reply brief within ten (10) days from the date of this order. 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. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the reply brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant.
|
|
| Docket Date |
2017-07-10
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
|
| Docket Date |
2017-06-09
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ 30 DAYS
|
|
| Docket Date |
2017-05-19
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
|
| Docket Date |
2017-03-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellees' February 17, 2017 motion for extension of time is granted, and appellees shall serve the answer brief within ninety (90) days from the date of this order. In addition, appellees are 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 |
2017-02-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
|
| Docket Date |
2017-01-30
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
|
| Docket Date |
2017-01-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellant's January 3, 2017 motion for extension of time is granted, and appellant shall serve the initial brief within ten (10) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant.
|
|
| Docket Date |
2017-01-03
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
|
| Docket Date |
2016-12-22
|
| 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 December 11, 2016 motion for extension of time is granted, and appellant shall serve the initial brief within ten (10) days from the date of this order. 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 |
2016-12-11
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
|
| Docket Date |
2016-09-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 80 DAYS TO 12/09/16
|
|
| Docket Date |
2016-09-01
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (496 PAGES)
|
|
| Docket Date |
2016-07-13
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
|
| Docket Date |
2016-07-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-07-12
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Determination of Indigent Status
|
|
| Docket Date |
2016-07-12
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
YAAKOV VANN
|
|
|
|
YAAKOV VANN VS ICE LEGAL, P.A., and THOMAS E. ICE
|
4D2015-4353
|
2015-11-17
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2015CA000195XXXXMB
|
Parties
| Name |
YAAKOV VANN
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ICE LEGAL, P.A.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Richard A. Jarolem
|
|
| Name |
Thomas E. Ice
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Cheryl A. Caracuzzo
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-03-28
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion For Clarification ~ **AMENDED**
|
|
| Docket Date |
2016-02-15
|
| Type |
Motions Other
|
| Subtype |
Motion for Reconsideration/Rehearing of an Order
|
| Description |
Motion For Reconsideration ~ *OR* CONVERTING THIS APPEAL TO A WRIT OF CERT. AND OR REQUEST TO REVIEW A NON-FINAL ORDER
|
|
| Docket Date |
2016-02-04
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissal ~ ORDERED sua sponte that the above-styled appeal is dismissed as premature. See Fla. R. App. P. 9.110(l).TAYLOR, DAMOORGIAN and GERBER, JJ., concur.
|
|
| Docket Date |
2016-02-04
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge ~ AS PREMATURE
|
|
| Docket Date |
2015-12-21
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Clarification
|
| Description |
Motion for Clarification
|
|
| Docket Date |
2015-12-02
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
|
| Docket Date |
2015-11-20
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Order Requiring Amended Certificate Service ~ ORDERED that appellant shall file, within five (5) days from the date of this order, a notice containing the physical address of every party in the certificate of service.The physical address of any attorney or party served with any pleading filed in this court must be provided along with any email address of that party used for service. See this court's Notice to Attorneys and to Parties Representing Themselves, Paragraph 3. The physical address of persons served shall be listed below the certificate of service.
|
|
| Docket Date |
2015-11-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2015-11-17
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
YAAKOV VANN
|
|
| Docket Date |
2015-11-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
WV:Waived
|
|
| Docket Date |
2016-04-21
|
| Type |
Order
|
| Subtype |
Order on Motion For Clarification
|
| Description |
Ord-Denying Clarification ~ ORDERED that appellant's March 28, 2016 amended request for clarification and reconsideration of this court's order denying converting appellant's notice of appeal to a petition for writ of certiorari is denied.
|
|
| Docket Date |
2016-03-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
| Description |
Order Denying Reconsideration ~ ORDERED that appellant's February 15, 2016 motion for reconsideration or converting this appeal to a writ of certiorari and or request to review a non-final order is denied. The above-styled appeal was dismissed as premature on February 4, 2016 due to the fact that appellant had not obtained a final, appealable order. Once a final, appealable order is obtained, appellant may file an appeal of that order in this court.
|
|
| Docket Date |
2016-01-04
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
Aplnt to Obtain Final Order-Per Dobrick ~ **FAILURE WILL RESULT IN DISMISSAL** ORDERED that appellant's December 21, 2015 motion for clarification is granted. The October 16, 2015 Order on Defendant's Motion for Entry of Final Summary Judgment In Favor of ICE Legal, P.A. is a non-final, non-appealable order which merely GRANTS a motion of final summary judgment. This court's November 20, 2015 order directed appellant to obtain a final, appealable order which actually enters judgment FOR OR AGAINST A PARTY rather than GRANTS a motion of final summary judgment. Accordingly, appellant is again ORDERED to obtain a FINAL order from the Circuit Court of the Fifteenth Judicial Circuit pertaining to the October 16, 2015 order and file a copy in this court within fifteen (15) days from the date of this order. Failure to obtain and file a FINAL order pertaining to the October 16 order will result in the court dismissing the appeal as premature. See Florida Rule of Appellate Procedure 9.110(l); Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); see also Rust v. Brown, 13 So. 3d 1105, 1107 (Fla. 4th DCA 2009).
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