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JERMAINE M. HARRIS, Appellant(s) v. PHH MORTGAGE CORPORATION, Appellee(s).
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4D2024-3208
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2024-12-16
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Open
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|
| Classification |
NOA Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19019175
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Parties
| Name |
Jermaine M. Harris
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Gordon Charles Watt, Andrew Michael Kassier
|
|
| Name |
PHH MORTGAGE CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jonathan W. Mesker, Julie York, Shaib Rios
|
|
| Name |
Hon. Gary Michael Farmer, Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Broward Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-12-31
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Paid Case Filing Fee-300
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| On Behalf Of |
Jermaine M. Harris
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| View |
View File
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| Docket Date |
2024-12-31
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| Type |
Brief
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| Subtype |
Jurisdictional Brief
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| Description |
Jurisdictional Brief
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| On Behalf Of |
Jermaine M. Harris
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| View |
View File
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| Docket Date |
2024-12-31
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| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2024), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY. ORDERED that Appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal - see the court's website for details. 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 lower tribunal clerk's determination of indigent status is filed.
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| View |
View File
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| Docket Date |
2024-12-20
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| Type |
Order
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| Subtype |
Order to File Response re Jurisdiction
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| Description |
ORDERED that, within ten (10) days from the date of this order, Appellant shall file in this court a brief statement explaining the basis for this court's subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address how the September 26, 2024 "Order Denying Defendant's Emergency Motion to Vacate Summary Judgment" is appealable pursuant to Florida Rule of Appellate Procedure 9.130(a)(5), as the October 11, 2024 Motion for Rehearing does not appear to have tolled the time for filing the notice of appeal. See Fla. R. App. P. 9.130(a)(5) ("Motions for rehearing directed to these orders are not authorized under these rules and therefore will not toll the time for filing a notice of appeal."). Further, Appellee may file a response within ten (10) days of service of that statement.
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| View |
View File
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| Docket Date |
2024-12-16
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| View |
View File
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| Docket Date |
2024-12-16
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal
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ISHANNA M. IBLE, Petitioner(s) v. BETH A. NORROW, et al., Respondent(s).
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4D2024-3053
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2024-11-24
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Open
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| Classification |
Original Proceedings - Circuit Civil - Prohibition
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502024CA001280XXX
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Parties
| Name |
Ishanna Ible
|
| Role |
Petitioner
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| Status |
Active
|
|
| Name |
Beth Norrow
|
| Role |
Respondent
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| Status |
Active
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| Representations |
Carl E Goldfarb, Sara Lynn Murray
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|
| Name |
PHH MORTGAGE CORPORATION
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| Role |
Respondent
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| Status |
Active
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|
| Name |
Hon. Luis Delgado, Jr.
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
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Docket Entries
| Docket Date |
2024-12-26
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| Type |
Order
|
| Subtype |
Order on Motion to Appear In Forma Pauperis
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| Description |
CLERK'S CERTIFICATE OF INDIGENCY The Clerk of the District Court of Appeal, Fourth District, has received for filing a Motion to be Relieved of Costs, an Affidavit of Indigency, and a Certificate of Counsel (if required), and issues this Certificate of Indigency in accordance with section 57.081(1), Florida Statutes (2024). This case shall proceed without the requirement of prepayment of fees and costs, subject to the provisions of section 57.081(3), Florida Statutes (2024).
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| View |
View File
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| Docket Date |
2024-12-23
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| Type |
Motions Other
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| Subtype |
Motion To Appear Forma Pauperis
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| Description |
Motion To Appear Forma Pauperis
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| Docket Date |
2024-12-20
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
ORDERED sua sponte that the above-styled appeal is dismissed for non-payment of the $300.00 filing fee.
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| View |
View File
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| Docket Date |
2024-12-02
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes (2024), did not accompany the petition as required in Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED. ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes (2024), must be filed in this Court within ten (10) days from the date of the entry of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal - see the court's website for details. 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 petition has a duty to tender the filing fee to the appellate court when the petition 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: 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 this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
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| View |
View File
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| Docket Date |
2024-12-02
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| View |
View File
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| Docket Date |
2024-11-24
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| Type |
Petition
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| Subtype |
Petition Prohibition
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| Description |
Petition Prohibition
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HSBC BANK USA, NATIONAL ASSOCIATION, etc. and PHH MORTGAGE CORPORATION, Appellant(s) v. MONIQUE L'ITALIEN and STEFANIE L'ITALIEN, Appellee(s).
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4D2024-2638
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2024-10-15
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Open
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| Classification |
NOA Non Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502017CA003860
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Parties
| Name |
PHH MORTGAGE CORPORATION
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| Role |
Appellant
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| Status |
Active
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|
| Name |
Monique Eileen L'Italien
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| Role |
Appellee
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| Status |
Active
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| Representations |
James Anthony Bonfiglio, John Scarola, Louis Marc Silber, Philip Mead Burlington, Nichole Johnston Segal
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|
| Name |
Stefanie L'italien
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| Role |
Appellee
|
| Status |
Active
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|
| Name |
Hon. Bradley G. Harper
|
| Role |
Judge/Judicial Officer
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| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
HSBC Bank USA, National Association, as Trustee etc.
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| Role |
Appellant
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| Status |
Active
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| Representations |
Patrick G Broderick, Bridget Berry, Adam Patrick Hartley, Kimberly Staffa Mello
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|
Docket Entries
| Docket Date |
2024-11-22
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Appellants' Supplement To Time-Sensitive Motion For Review Of Order Denying Stay Pending Appeal In Class Certification Proceeding, And Request For An Immediate Temporary Stay Pending Disposition Of This Motion
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|
| Docket Date |
2024-11-15
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| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Appellee's Response To Appellants' Time-Sensitive Motion For Review Of Order Denying Stay Pending Appeal In Class Certification Proceeding, And Request For An Immediate Temporary Stay Pending Disposition Of This Motion
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| On Behalf Of |
Monique Eileen L'Italien
|
|
| Docket Date |
2024-10-31
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to APPELLANTS' TIME-SENSITIVE MOTION FOR REVIEW
OF ORDER DENYING STAY PENDING APPEAL IN CLASS
CERTIFICATION PROCEEDING, AND REQUEST FOR AN IMMEDIATE
TEMPORARY STAY PENDING DISPOSITION OF THIS MOTION
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| On Behalf Of |
HSBC Bank USA, National Association, as Trustee etc.
|
|
| Docket Date |
2024-10-31
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| Type |
Motions Other
|
| Subtype |
Motion To Stay
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| Description |
APPELLANTS' TIME-SENSITIVE MOTION FOR REVIEW
OF ORDER DENYING STAY PENDING APPEAL IN CLASS
CERTIFICATION PROCEEDING, AND REQUEST FOR AN IMMEDIATE
TEMPORARY STAY PENDING DISPOSITION OF THIS MOTION
|
|
| Docket Date |
2024-10-30
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| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
|
| Docket Date |
2024-10-30
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| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
HSBC Bank USA, National Association, as Trustee etc.
|
|
| Docket Date |
2024-10-22
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Monique Eileen L'Italien
|
|
| Docket Date |
2024-10-16
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| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
HSBC Bank USA, National Association, as Trustee etc.
|
|
| Docket Date |
2024-10-16
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
HSBC Bank USA, National Association, as Trustee etc.
|
| View |
View File
|
|
| Docket Date |
2024-10-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-10-15
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
|
| Docket Date |
2024-12-14
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix -- Volume II
|
| On Behalf Of |
HSBC Bank USA, National Association, as Trustee etc.
|
|
| Docket Date |
2024-12-16
|
| Type |
Order
|
| Subtype |
Order on Motion to Appear Pro Hac Vice
|
| Description |
ORDERED that Appellant's December 16, 2024 verified motion for permission to appear pro hac vice is granted, and Anton Metlisky, Esquire is permitted to appear in this appeal as counsel for Appellant. Anton Metlitsky, Esquire is advised that this court does not send paper documents to attorneys and he or she shall register for the Appellate Case Information System ("ACIS") and the Florida Courts E-Filing Portal within five (5) days from the date of this order.
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| View |
View File
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|
| Docket Date |
2024-12-16
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| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix -- Volume IX
|
| On Behalf Of |
HSBC Bank USA, National Association, as Trustee etc.
|
|
| Docket Date |
2024-12-16
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion to Appear Pro Hac Vice
|
| Description |
Motion to Appear Pro Hac Vice
|
|
| Docket Date |
2024-12-14
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
HSBC Bank USA, National Association, as Trustee etc.
|
| View |
View File
|
|
| Docket Date |
2024-12-14
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Pro Hac Vice Fee-100
|
| Description |
Pay Pro Hac Vice Fee-100
|
| On Behalf Of |
HSBC Bank USA, National Association, as Trustee etc.
|
| View |
View File
|
|
| Docket Date |
2024-12-13
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| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix -- Volume VII
|
|
| Docket Date |
2024-12-09
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
ORDERED that upon consideration of appellants' October 30, 2024 motion for review of order denying stay and appellee's November 15, 2024 response, the motion is denied.
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| View |
View File
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|
| Docket Date |
2024-11-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Appellee's Response To Appellants' Time-Sensitive Motion For Review Of Order Denying Stay Pending Appeal In Class Certification Proceeding, And Request For An Immediate Temporary Stay Pending Disposition Of This Motion
|
| On Behalf Of |
Monique Eileen L'Italien
|
|
| Docket Date |
2024-10-31
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDERED that Appellant's October 30, 2024 motion for extension of time is granted, and Appellant shall serve the initial brief on or before December 13, 2024. 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.
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| View |
View File
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Sarah Fertil, et al., Appellant(s), v. PHH Mortgage Corporation, Appellee(s).
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3D2024-1553
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2024-09-04
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Closed
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|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
23-20053-CA-01
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Parties
| Name |
Sarah Fertil
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Dennis Alexander Donet
|
|
| Name |
Julie Fertil
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Dennis Alexander Donet
|
|
| Name |
PHH MORTGAGE CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Julia Y. Poletti
|
|
| Name |
Hon. Pedro P. Echarte, Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-09-20
|
| Type |
Event
|
| Subtype |
Fee Satisfied
|
| Description |
Fee Satisfied
|
|
| Docket Date |
2024-09-19
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-09-19
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp. w/o Mandate
|
|
| Docket Date |
2024-09-16
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Motion/Notice Voluntary Dismissal
|
| On Behalf Of |
Sarah Fertil
|
| View |
View File
|
|
| Docket Date |
2024-09-06
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal-Certified.
|
| On Behalf Of |
Miami-Dade Clerk
|
| View |
View File
|
|
| Docket Date |
2024-09-05
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Sarah Fertil
|
| View |
View File
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|
| Docket Date |
2024-09-04
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
This is to notify counsel for appellants that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court on or before September 14, 2024.
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| View |
View File
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|
| Docket Date |
2024-09-04
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment of a New Case Letter. The 3DCA $300 filing fee for a notice of appeal is due.
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| View |
View File
|
|
| Docket Date |
2024-09-04
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal for 3D2024-1553. Incomplete certificate of service in NOA.
|
| On Behalf Of |
Sarah Fertil
|
| View |
View File
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|
| Docket Date |
2024-09-19
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
IT IS HEREBY ORDERED that Appellants' Notice of Voluntary Dismissal is recognized by the Court, and this appeal from the Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County, Florida, is hereby dismissed.
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| View |
View File
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JAMES GIEHL, Appellant(s) v. PHH MORTGAGE CORPORATION, NEWREZ, LLC, OCWEN FINANCIAL CORPORATION, NEW PENN FINANCIAL, LLC, SHELLPOINT MORTGAGE SERVICING, Appellee(s).
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2D2023-2397
|
2023-11-06
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Sarasota County
2023CA-003515NC
|
Parties
| Name |
JAMES GIEHL
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PHH MORTGAGE CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
NEWREZ LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
OCWEN FINANCIAL CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Peter Anthony Hernandez
|
|
| Name |
NEW PENN FINANCIAL, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. STEPHEN WALKER
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Sarasota Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
SHELLPOINT MORTGAGE SERVICING
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
James Henry Wyman, Steven Brian Greenfield
|
|
Docket Entries
| Docket Date |
2024-11-22
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
JAMES GIEHL
|
| View |
View File
|
|
| Docket Date |
2024-11-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Appellant's motion for extension of time is granted, and the initial brief shall be served within 21 days from the date of this order.
|
| View |
View File
|
|
| Docket Date |
2024-10-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
| On Behalf Of |
JAMES GIEHL
|
|
| Docket Date |
2024-08-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
| On Behalf Of |
JAMES GIEHL
|
|
| Docket Date |
2024-07-10
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
JAMES GIEHL
|
|
| Docket Date |
2024-06-06
|
| Type |
Order
|
| Subtype |
Abeyance Order
|
| Description |
Because the lower tribunal has disposed of the motion(s) that suspend rendition as set forth in Florida Rule of Appellate Procedure 9.020(h), this appeal is no longer in abeyance and shall proceed.
|
| View |
View File
|
|
| Docket Date |
2024-05-28
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
JAMES GIEHL
|
|
| Docket Date |
2024-05-28
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
JAMES GIEHL
|
|
| Docket Date |
2024-04-26
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Appellant shall file a status report regarding motions tolling rendition within thirty days from the date of this order.
|
| View |
View File
|
|
| Docket Date |
2024-04-25
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
SHELLPOINT MORTGAGE SERVICING
|
|
| Docket Date |
2024-04-22
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Miscellaneous Trial Court Document - APPENDIX TO STATUS REPORT
|
| On Behalf Of |
JAMES GIEHL
|
|
| Docket Date |
2024-04-17
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
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| On Behalf Of |
OCWEN FINANCIAL CORPORATION
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| Docket Date |
2024-04-10
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| Type |
Order
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| Subtype |
Order to File Status Report
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| Description |
status report within * days ~ On February 9, 2024, and March 13, 2024, this court issued orders requiring status reports from Appellant stating what actions Appellant had taken to obtain a ruling on his November 13, 2023, motion tolling rendition. Although Appellant has reported on his actions in the lower tribunal, those actions have not had the aim of resolving his pending motion. Within ten days of the date of this order, Appellant shall file a status report demonstrating that Appellant has either (1) set his November 13, 2023, motion for a hearing in the lower tribunal; or (2) withdrawn his November 13, 2023, motion.
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| Docket Date |
2024-04-08
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| Type |
Misc. Events
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| Subtype |
Status Report
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| Description |
Status Report
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| On Behalf Of |
JAMES GIEHL
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|
| Docket Date |
2024-04-08
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| Type |
Notice
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| Subtype |
Appendix/Attachment to Notice
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| Description |
Appendix/Attachment to Notice
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| On Behalf Of |
JAMES GIEHL
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|
| Docket Date |
2024-04-03
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| Type |
Order
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| Subtype |
Order
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| Description |
MISCELLANEOUS ORDER ~ Compliance with this court's March 13, 2024, order is overdue. Within five daysof the date of this order, Appellant shall file an updated status report on the motiontolling rendition, or sanctions including dismissal of this appeal may follow.
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| Docket Date |
2024-03-13
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| Type |
Order
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| Subtype |
Abeyance Order
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| Description |
Appeal In Abeyance ~ Appellant's status report fails to state what actions Appellant has taken to obtaina ruling on his November 13, 2023, motion pending in the lower tribunal. This court isobligated to hold this appeal in abeyance until that motion is resolved or withdrawn bywritten notice. Fla. R. App. P. 9.020(h)(2)(A). Within fifteen days of the date of thisorder, Appellant shall file an updated status report stating what actions Appellant hastaken, such as setting the motion for a hearing, to obtain a ruling on the motion.
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| Docket Date |
2024-03-11
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| Type |
Misc. Events
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| Subtype |
Status Report
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| Description |
Status Report
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| On Behalf Of |
JAMES GIEHL
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|
| Docket Date |
2024-02-09
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| Type |
Order
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| Subtype |
Order to File Status Report
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| Description |
status report within * days ~ Appellant shall file a status report regarding motions tolling rendition within 30 days from the date of this order. The status report must state what actions Appellant has taken to obtain a ruling on his November 13, 2023, motion pending in the lower tribunal. See Al-Hakim v. State, 783 So. 2d 293, 294 (Fla. 5th DCA 2001) ("It is well-settled that in a civil proceeding, it is generally necessary to bring a pending matter to the trial court's attention by having it noticed for hearing.")
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| Docket Date |
2024-02-05
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| Type |
Misc. Events
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| Subtype |
Status Report
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| Description |
Status Report
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| On Behalf Of |
JAMES GIEHL
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|
| Docket Date |
2024-01-26
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| Type |
Order
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| Subtype |
Order to File Status Report
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| Description |
status report within * days ~ Appellant shall file a status report regarding motions tolling rendition within 10days from the date of this order.
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|
| Docket Date |
2023-12-21
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
SHELLPOINT MORTGAGE SERVICING
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|
| Docket Date |
2023-12-21
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| Type |
Order
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| Subtype |
Order on Miscellaneous Motion
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| Description |
Grant Miscellaneous Motion-79 ~ Appellant's "request to place case in pending" motion is granted to the extent thatit appears that motion(s) are pending in the lower tribunal with the effect of delayingrendition pursuant to Florida Rule of Appellate Procedure 9.020(h). This appeal is heldin abeyance. If there are no such motions pending, Appellant shall notify this courtwithin five days. If there are such motion(s) pending, Appellant shall notify this courtupon disposition of the motion(s) or shall file a status report within thirty days, whicheveroccurs first.
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| Docket Date |
2023-12-05
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| Type |
Motions Other
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| Subtype |
Miscellaneous Motion
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| Description |
Miscellaneous Motion ~ REQUEST TO PLACE CASE IN PENDING
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| On Behalf Of |
JAMES GIEHL
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|
| Docket Date |
2023-11-28
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| Type |
Order
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| Subtype |
Show Cause re No Order Appealed
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| Description |
OSC - no order appealed ~ ***DISCHARGED PER 11/28/23 ORDER***Appellant shall show cause within fifteen days why this appeal should not be dismissed for lack of jurisdiction, as appellant has failed to provide a copy of the order appealed as required by the Florida Rules of Appellate Procedure, and this court is unable thereby to determine its jurisdiction.
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| Docket Date |
2023-11-21
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| Type |
Notice
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| Subtype |
Notice of Filing
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| Description |
Notice of Filing ~ NOTICE OF APPEALED ORDER ATTACHMENT
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| On Behalf Of |
JAMES GIEHL
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|
| Docket Date |
2023-11-06
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
FP:Fee Paid Through Portal
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|
| Docket Date |
2023-11-06
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed ~ NOT CERTIFIED
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| On Behalf Of |
JAMES GIEHL
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|
| Docket Date |
2023-11-06
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| Type |
Order
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| Subtype |
Certify Notice of Appeal
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| Description |
Notice to be Certified ~ Appellant filed the notice of appeal in this court. A copy is attached to this order. The lower tribunal clerk shall promptly certify the notice and return it to this court as with any notice of appeal, accompanied by any order of indigency that may have been entered by the lower tribunal. The notice of appeal shall be returned for filing in this case number.
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| Docket Date |
2023-11-06
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter 1
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| Docket Date |
2025-01-08
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| Type |
Order
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| Subtype |
Order on Motion to Withdraw Filing
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| Description |
Appellees' "notice of withdrawal of notice of agreed extension of time to serve reply to initial brief" is treated as a motion to withdraw the notice of agreed extension of time and is granted. Appellees' notice of agreed extension of time, filed December 12, 2024, is withdrawn. Appellant's motion to strike the notice of agreed extension of time is denied as moot.
Appellees' motion for extension of time is granted, and the answer brief shall be served by February 19, 2025.
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| View |
View File
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| Docket Date |
2025-01-07
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| Type |
Notice
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| Subtype |
Notice
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| Description |
AMENDED NOTICE OF WITHDRAWAL OF NOTICE OF AGREED EXTENSION OF TIME TO SERVE RESPONSE TO INITIAL BRIEF AND RESPONSE TO APPELLANT'S MOTION TO STRIKE
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| On Behalf Of |
OCWEN FINANCIAL CORPORATION
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| Docket Date |
2024-12-17
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Answer Brief
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| Description |
Motion for Extension of Time to Serve Answer Brief
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| On Behalf Of |
OCWEN FINANCIAL CORPORATION
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| Docket Date |
2024-12-16
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| Type |
Order
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| Subtype |
Order to File Response
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| Description |
Appellees shall respond to Appellant's motion to strike within 15 days of the date of this order.
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| View |
View File
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| Docket Date |
2024-12-16
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| Type |
Notice
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| Subtype |
Notice
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| Description |
NOTICE OF WITHDRAWAL OF NOTICE OF AGREED EXTENSION OF TIME TO SERVE REPLY TO INITIAL BRIEF AND RESPONSE TO APPELLANT'S MOTION TO STRIKE
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| On Behalf Of |
OCWEN FINANCIAL CORPORATION
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|
| Docket Date |
2024-12-13
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| Type |
Motions Other
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| Subtype |
Motion To Strike
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| Description |
Motion To Strike
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| On Behalf Of |
JAMES GIEHL
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|
| Docket Date |
2024-12-12
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time - Answer Brief
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| Description |
90 DAYS - AB DUE ON 03/12/25
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| On Behalf Of |
SHELLPOINT MORTGAGE SERVICING
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|
| Docket Date |
2024-12-11
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| Type |
Record
|
| Subtype |
Record on Appeal Redacted
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| Description |
3839 PAGES
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| On Behalf Of |
Sarasota Clerk
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|
| Docket Date |
2024-12-09
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| Type |
Misc. Events
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| Subtype |
Miscellaneous Trial Court Document
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| Description |
APPEAL PAYMENT UPDATE FOR THE HONORABLE CLERK
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| On Behalf Of |
JAMES GIEHL
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|
| Docket Date |
2024-12-06
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| Type |
Misc. Events
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| Subtype |
Status Report
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| Description |
Status Report
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| On Behalf Of |
Sarasota Clerk
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|
| Docket Date |
2024-09-12
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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| Description |
Appellant's motion for extension to file initial brief is granted to the extent that Appellant shall serve the initial brief within thirty days of the date of this order. Appellant's motion for request to Sarasota clerk is denied. For the transcripts mentioned in the motion to be considered, Appellant must file a motion to supplement the record in this court. The motion must: (1) state whether the proceeding was recorded; (2) identify the court reporting entity; and (3) demonstrate, with documentation from the court reporting entity, that financial arrangements for transcription have been made.
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View File
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