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
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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
|
On Behalf Of |
Jermaine M. Harris
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View |
View File
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Docket Date |
2024-12-31
|
Type |
Brief
|
Subtype |
Jurisdictional Brief
|
Description |
Jurisdictional Brief
|
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
|
Subtype |
Order to File Response re Jurisdiction
|
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
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
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
|
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
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502024CA001280XXX
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Parties
Name |
Ishanna Ible
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
Beth Norrow
|
Role |
Respondent
|
Status |
Active
|
Representations |
Carl E Goldfarb, Sara Lynn Murray
|
|
Name |
PHH MORTGAGE CORPORATION
|
Role |
Respondent
|
Status |
Active
|
|
Name |
Hon. Luis Delgado, Jr.
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Palm Beach Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2024-12-26
|
Type |
Order
|
Subtype |
Order on Motion to Appear In Forma Pauperis
|
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
|
Subtype |
Motion To Appear Forma Pauperis
|
Description |
Motion To Appear Forma Pauperis
|
|
Docket Date |
2024-12-20
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
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
|
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
|
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
|
Open
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Classification |
NOA Non Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502017CA003860
|
Parties
Name |
PHH MORTGAGE CORPORATION
|
Role |
Appellant
|
Status |
Active
|
|
Name |
Monique Eileen L'Italien
|
Role |
Appellee
|
Status |
Active
|
Representations |
James Anthony Bonfiglio, John Scarola, Louis Marc Silber, Philip Mead Burlington, Nichole Johnston Segal
|
|
Name |
Stefanie L'italien
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Bradley G. Harper
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Palm Beach Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
HSBC Bank USA, National Association, as Trustee etc.
|
Role |
Appellant
|
Status |
Active
|
Representations |
Patrick G Broderick, Bridget Berry, Adam Patrick Hartley, Kimberly Staffa Mello
|
|
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
|
|
Docket Date |
2024-11-15
|
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
|
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
|
On Behalf Of |
HSBC Bank USA, National Association, as Trustee etc.
|
|
Docket Date |
2024-10-31
|
Type |
Motions Other
|
Subtype |
Motion To Stay
|
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
|
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
|
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
|
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
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|
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
|
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
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|
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
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|
Docket Date |
2024-12-13
|
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
|
2024-09-04
|
Closed
|
|
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
|
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
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|
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
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|
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
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|
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).
|
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
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|
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.
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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.
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View |
View File
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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
|
On Behalf Of |
OCWEN FINANCIAL CORPORATION
|
|
Docket Date |
2024-04-10
|
Type |
Order
|
Subtype |
Order to File Status Report
|
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.
|
|
Docket Date |
2024-04-08
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report
|
On Behalf Of |
JAMES GIEHL
|
|
Docket Date |
2024-04-08
|
Type |
Notice
|
Subtype |
Appendix/Attachment to Notice
|
Description |
Appendix/Attachment to Notice
|
On Behalf Of |
JAMES GIEHL
|
|
Docket Date |
2024-04-03
|
Type |
Order
|
Subtype |
Order
|
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.
|
|
Docket Date |
2024-03-13
|
Type |
Order
|
Subtype |
Abeyance Order
|
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.
|
|
Docket Date |
2024-03-11
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report
|
On Behalf Of |
JAMES GIEHL
|
|
Docket Date |
2024-02-09
|
Type |
Order
|
Subtype |
Order to File Status Report
|
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.")
|
|
Docket Date |
2024-02-05
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report
|
On Behalf Of |
JAMES GIEHL
|
|
Docket Date |
2024-01-26
|
Type |
Order
|
Subtype |
Order to File Status Report
|
Description |
status report within * days ~ Appellant shall file a status report regarding motions tolling rendition within 10days from the date of this order.
|
|
Docket Date |
2023-12-21
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
SHELLPOINT MORTGAGE SERVICING
|
|
Docket Date |
2023-12-21
|
Type |
Order
|
Subtype |
Order on Miscellaneous Motion
|
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.
|
|
Docket Date |
2023-12-05
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ REQUEST TO PLACE CASE IN PENDING
|
On Behalf Of |
JAMES GIEHL
|
|
Docket Date |
2023-11-28
|
Type |
Order
|
Subtype |
Show Cause re No Order Appealed
|
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.
|
|
Docket Date |
2023-11-21
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ NOTICE OF APPEALED ORDER ATTACHMENT
|
On Behalf Of |
JAMES GIEHL
|
|
Docket Date |
2023-11-06
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2023-11-06
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ NOT CERTIFIED
|
On Behalf Of |
JAMES GIEHL
|
|
Docket Date |
2023-11-06
|
Type |
Order
|
Subtype |
Certify Notice of Appeal
|
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.
|
|
Docket Date |
2023-11-06
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2025-01-08
|
Type |
Order
|
Subtype |
Order on Motion to Withdraw Filing
|
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.
|
View |
View File
|
|
Docket Date |
2025-01-07
|
Type |
Notice
|
Subtype |
Notice
|
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
|
On Behalf Of |
OCWEN FINANCIAL CORPORATION
|
|
Docket Date |
2024-12-17
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Motion for Extension of Time to Serve Answer Brief
|
On Behalf Of |
OCWEN FINANCIAL CORPORATION
|
|
Docket Date |
2024-12-16
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
Appellees shall respond to Appellant's motion to strike within 15 days of the date of this order.
|
View |
View File
|
|
Docket Date |
2024-12-16
|
Type |
Notice
|
Subtype |
Notice
|
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
|
On Behalf Of |
OCWEN FINANCIAL CORPORATION
|
|
Docket Date |
2024-12-13
|
Type |
Motions Other
|
Subtype |
Motion To Strike
|
Description |
Motion To Strike
|
On Behalf Of |
JAMES GIEHL
|
|
Docket Date |
2024-12-12
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
90 DAYS - AB DUE ON 03/12/25
|
On Behalf Of |
SHELLPOINT MORTGAGE SERVICING
|
|
Docket Date |
2024-12-11
|
Type |
Record
|
Subtype |
Record on Appeal Redacted
|
Description |
3839 PAGES
|
On Behalf Of |
Sarasota Clerk
|
|
Docket Date |
2024-12-09
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Trial Court Document
|
Description |
APPEAL PAYMENT UPDATE FOR THE HONORABLE CLERK
|
On Behalf Of |
JAMES GIEHL
|
|
Docket Date |
2024-12-06
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report
|
On Behalf Of |
Sarasota Clerk
|
|
Docket Date |
2024-09-12
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
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.
|
View |
View File
|
|
|
PHH Mortgage Corporation, Appellant(s), v. Eric V. Schreiber A/K/A Eric Shreiber and Kathy Schreiber, Appellee(s).
|
5D2023-1917
|
2023-05-31
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
5th District Court of Appeal
|
Originating Court |
Circuit Court for the Fifth Judicial Circuit, Citrus County
2019-CA-000868-A
|
Parties
Name |
PHH MORTGAGE CORPORATION
|
Role |
Appellant
|
Status |
Active
|
Representations |
Rosannie T. Morgan, Michael W. Smith
|
|
Name |
Eric V. Schreiber
|
Role |
Appellee
|
Status |
Active
|
Representations |
David La Croix
|
|
Name |
Kathy Schreiber
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Caroline Anne Falvey
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk Citrus
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2024-11-27
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Order on Motion For Attorney's Fees; AES' MOT DENIED; JT MOT EXPEDITED CONSIDERATION DENIED AS MOOT
|
View |
View File
|
|
Docket Date |
2024-11-27
|
Type |
Disposition by Opinion
|
Subtype |
Reversed
|
Description |
REVERSED AND REMANDED
|
View |
View File
|
|
Docket Date |
2024-11-12
|
Type |
Motions Other
|
Subtype |
Motion To Expedite
|
Description |
Motion To Expedite; DENIED AS MOOT PER 11/27 ORDER
|
On Behalf Of |
Eric V. Schreiber
|
|
Docket Date |
2024-01-12
|
Type |
Notice
|
Subtype |
Notice
|
Description |
NOTICE OF PANEL ASSIGNMENT
|
|
Docket Date |
2023-12-27
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ OF CHANGE OF ATTORNEY WITHIN FIRM
|
On Behalf Of |
PHH Mortgage Corporation
|
|
Docket Date |
2023-12-22
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
PHH Mortgage Corporation
|
|
Docket Date |
2023-12-01
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ NTC OF FILING ACKNOWLEDGED; AMENDED AB ACCEPTED; RB W/IN 30 DYS
|
|
Docket Date |
2023-11-29
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ AMENDED ANSWER BRIEF
|
On Behalf Of |
Eric V. Schreiber
|
|
Docket Date |
2023-11-29
|
Type |
Brief
|
Subtype |
Amended Answer Brief
|
Description |
Amended Appellee's Answer Brief
|
On Behalf Of |
Eric V. Schreiber
|
|
Docket Date |
2023-11-28
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ 92 PAGES
|
On Behalf Of |
Clerk Citrus
|
|
Docket Date |
2023-11-21
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
Order Granting Motion to Supplement the Record ~ SROA BY 12/11
|
|
Docket Date |
2023-11-18
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
Eric V. Schreiber
|
|
Docket Date |
2023-11-18
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
Eric V. Schreiber
|
|
Docket Date |
2023-11-13
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ NTC OF W/DRAW OF MOT DISMISS ACKNOWLEDGED; AE MOT DISMISS W/DRAWN; NO FURTHER ACTION WILL BE TAKEN ON THE MOTION
|
|
Docket Date |
2023-11-10
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ TO MTD
|
On Behalf Of |
PHH Mortgage Corporation
|
|
Docket Date |
2023-11-10
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss ~ W/DRAWN PER 11/13 ORDER
|
On Behalf Of |
Eric V. Schreiber
|
|
Docket Date |
2023-11-10
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ OF WITHDRAWAL OF MTD
|
On Behalf Of |
Eric V. Schreiber
|
|
Docket Date |
2023-11-09
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion To File Supplemental Record
|
On Behalf Of |
PHH Mortgage Corporation
|
|
Docket Date |
2023-11-09
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
PHH Mortgage Corporation
|
|
Docket Date |
2023-10-31
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Grant EOT for Initial Brief ~ INITIAL BRF BY 11/9; ABSENT EXTENUATING CIRCUMSTANCES, ADDITIONAL EXTENSIONS OF TIME WILL BE DENIED.
|
|
Docket Date |
2023-10-20
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief
|
On Behalf Of |
PHH Mortgage Corporation
|
|
Docket Date |
2023-09-20
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief ~ TO 10/20
|
On Behalf Of |
PHH Mortgage Corporation
|
|
Docket Date |
2023-08-23
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief ~ TO 9/20
|
On Behalf Of |
PHH Mortgage Corporation
|
|
Docket Date |
2023-08-23
|
Type |
Order
|
Subtype |
Order Discharging Show Cause Order
|
Description |
ORD-Discharging Show Cause
|
|
Docket Date |
2023-08-22
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 308 PAGES
|
On Behalf Of |
Clerk Citrus
|
|
Docket Date |
2023-08-22
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORD-Strike for Non-Service on Client ~ COUNSEL FOR AA W/IN 5 DYS FILE AMENDED NTC AGREED EOT; NTC STRICKEN
|
|
Docket Date |
2023-08-21
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief ~ STRICKEN PER 8/22 ORDER
|
On Behalf Of |
PHH Mortgage Corporation
|
|
Docket Date |
2023-06-12
|
Type |
Order
|
Subtype |
Order Declining Referral to Mediation
|
Description |
ORD- Declining Referral to Mediation
|
|
Docket Date |
2023-06-09
|
Type |
Mediation
|
Subtype |
Mediation Questionnaire
|
Description |
Mediation Questionnaire ~ AA Michael W. Smith 0088831
|
On Behalf Of |
PHH Mortgage Corporation
|
|
Docket Date |
2023-06-02
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
CASE FILING FEE PAID THROUGH PORTAL
|
|
Docket Date |
2023-05-31
|
Type |
Order
|
Subtype |
Mediation Letter to LT
|
Description |
Mediation Letter to L.T.
|
|
Docket Date |
2023-05-31
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgement Letter 1
|
|
Docket Date |
2023-05-31
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2023-05-31
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ FILED BELOW 5/25/23
|
On Behalf Of |
PHH Mortgage Corporation
|
|
Docket Date |
2024-12-23
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2024-12-23
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
View |
View File
|
|
|
CHRISTOPHER GORAYEB, etc., VS PHH MORTGAGE CORPORATION, et al.,
|
3D2022-2133
|
2022-12-12
|
Closed
|
|
Classification |
NOA Non Final - Circuit Civil - Foreclosure
|
Court |
3rd District Court of Appeal
|
Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
21-8410
|
Parties
Name |
CHRISTOPHER GORAYEB
|
Role |
Appellant
|
Status |
Active
|
|
Name |
PHH MORTGAGE CORPORATION
|
Role |
Appellee
|
Status |
Active
|
Representations |
Leo Benitez, MATTHEW R. FELUREN, ALEXANDER L. PALENZUELA, ANTHONY R. SMITH, KATHRYN I. KASPER
|
|
Name |
HON. MARK BLUMSTEIN
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Miami-Dade Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2023-04-03
|
Type |
Mandate
|
Subtype |
Disp. w/o Mandate
|
Description |
Disp w/o mandate
|
|
Docket Date |
2023-04-03
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2023-03-13
|
Type |
Disposition by Opinion
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge
|
|
Docket Date |
2023-03-13
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion to Dismiss Granted (OG32) ~ IT IS HEREBY ORDERED that the appellees’ Motions to Dismiss the Appeal are granted, and this appeal from the Circuit Court for Miami-Dade County, Florida, is hereby dismissed.
|
|
Docket Date |
2023-03-09
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ NOTICE OF APPELLANT'S NON-COMPLIANCE WITHCOURT ORDER DATED FEBRUARY 21, 2023
|
On Behalf Of |
PHH MORTGAGE CORPORATION
|
|
Docket Date |
2023-02-23
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Record on Appeal
|
On Behalf Of |
Miami-Dade Clerk
|
|
Docket Date |
2023-02-21
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
Order Response: Motion (OR23) ~ Pro se Appellant is ordered to file a response, within fifteen (15) days from the date of this Order, to both Motions to Dismiss the Appeal. Pro se Appellant is cautioned that the failure to timely file the response may result in sanctions, including the granting of the motions. LOGUE, GORDO and LOBREE, JJ., concur.
|
|
Docket Date |
2023-01-31
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 2 ~ Corrected to Non-Final Appeal.
|
|
Docket Date |
2023-01-20
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss ~ APPELLEE'S MOTION TO DISMISS THE APPELLANT'S IMPROPER NOTICE OF APPEAL FILED BY A NONPARTY
|
On Behalf Of |
PHH MORTGAGE CORPORATION
|
|
Docket Date |
2023-01-09
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
PHH MORTGAGE CORPORATION
|
|
Docket Date |
2023-01-06
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
PHH MORTGAGE CORPORATION
|
|
Docket Date |
2022-12-21
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
PHH MORTGAGE CORPORATION
|
|
Docket Date |
2022-12-12
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
C1:Certificate of Indigency Filed
|
On Behalf Of |
PHH MORTGAGE CORPORATION
|
|
Docket Date |
2022-12-12
|
Type |
Notice
|
Subtype |
Notice of Appeal Transmittal Form
|
Description |
Notice of Transmittal--NOA
|
On Behalf Of |
PHH MORTGAGE CORPORATION
|
|
Docket Date |
2022-12-12
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments.
|
|
|
Johnathon M Garrett VS PHH Mortgage
|
1D2022-3434
|
2022-10-26
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
1st District Court of Appeal
|
Originating Court |
Circuit Court for the Fourteenth Judicial Circuit, Bay County
21-000989-CA
|
Parties
Name |
Jothanthon M. Garrett
|
Role |
Appellant
|
Status |
Active
|
|
Name |
Johnathon M. Garrett
|
Role |
Appellant
|
Status |
Active
|
|
Name |
PHH MORTGAGE CORPORATION
|
Role |
Appellee
|
Status |
Active
|
Representations |
Anthony R. Smith, Matthew Ryan Feluren
|
|
Docket Entries
Docket Date |
2023-04-12
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
Dismissed
|
View |
View File
|
|
Docket Date |
2023-03-23
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Order Striking Filing
|
View |
View File
|
|
Docket Date |
2023-03-07
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to 02/23 service copy
|
On Behalf Of |
Jothanthon M. Garrett
|
|
Docket Date |
2023-02-23
|
Type |
Misc. Events
|
Subtype |
Certificate of Service
|
Description |
Supplemental Certificate of Service
|
On Behalf Of |
Johnathon M. Garrett
|
|
Docket Date |
2023-02-23
|
Type |
Order
|
Subtype |
Order Directing Service of Filing
|
Description |
AA/PT Serve Copy/File Supp Cert of Svc 10 days ~ Appellant is directed to serve a copy of the motion for extension of time to file response docketed January 20, 2023, on the counsel for Appellee, Anthony R. Smith, Sirot & Permutt, P.C., 1115 East Gonzalez Street, Pensacola, FL 32503 and Matthew Ryan Feluren, Sirot & Permutt, P.C., 200 E. Broward Boulevard, Suite 900, Fort Lauderdale, FL 33301, and to file a supplemental certificate of service within 10 days of this order which demonstrates that service. The failure of Appellant to timely comply with this order will result in striking of the motion for extension of time to file response, as authorized by Florida Rule of Appellate Procedure 9.410(a).
|
|
Docket Date |
2023-02-07
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Docket Entry
|
Description |
Miscellaneous Docket Entry ~ (shipping receipts)
|
On Behalf Of |
Johnathon M. Garrett
|
|
Docket Date |
2023-01-24
|
Type |
Order
|
Subtype |
Order Directing Service of Filing
|
Description |
AA/PT Serve Copy/File Supp Cert of Svc 10 days ~ Appellant is directed to serve a copy of the request for time extension docketed January 20, 2023, on the counsel for Appellee, Anthony R. Smith and Matthew Ryan Feluren, and to file a supplemental certificate of service within 10 days of this order which demonstrates that service. The failure of Appellant to timely comply with this order will result in striking of the request for time extension, as authorized by Florida Rule of Appellate Procedure 9.410(a).
|
|
Docket Date |
2023-01-20
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response
|
On Behalf Of |
Johnathon M. Garrett
|
|
Docket Date |
2023-01-06
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
PHH Mortgage
|
|
Docket Date |
2023-01-04
|
Type |
Misc. Events
|
Subtype |
Affidavit
|
Description |
Affidavit ~ of non-payment for record preparation
|
|
Docket Date |
2022-12-27
|
Type |
Record
|
Subtype |
Index
|
Description |
Index
|
|
Docket Date |
2022-12-05
|
Type |
Misc. Events
|
Subtype |
Order Appealed
|
Description |
Order Appealed
|
|
Docket Date |
2022-12-05
|
Type |
Order
|
Subtype |
Order on Motion to Stay
|
Description |
Deny Stay ~ The Court denies the motion to stay docketed December 5, 2022.
|
|
Docket Date |
2022-12-05
|
Type |
Motions Other
|
Subtype |
Motion To Stay
|
Description |
Motion To Stay ~ emergency
|
On Behalf Of |
Johnathon M. Garrett
|
|
Docket Date |
2022-11-04
|
Type |
Notice
|
Subtype |
Amended Notice of Appeal
|
Description |
Amended Notice of Appeal ~ cert. serv.
|
On Behalf Of |
Johnathon M. Garrett
|
|
Docket Date |
2022-10-27
|
Type |
Notice
|
Subtype |
Amended Notice of Appeal
|
Description |
Amended Notice of Appeal ~ certified
|
On Behalf Of |
Johnathon M. Garrett
|
|
Docket Date |
2022-10-27
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Notice of Appeal / Acknowledgement letter ~ Notice of Appeal from the lower tribunal reflecting a filing date of October 26, 2022.
|
|
Docket Date |
2022-10-26
|
Type |
Notice
|
Subtype |
Notice of Appeal Transmittal Form
|
Description |
Notice of Appeal Transmittal Form
|
On Behalf Of |
Johnathon M. Garrett
|
|
Docket Date |
2022-10-26
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2023-01-05
|
Type |
Order
|
Subtype |
Show Cause for Brief or Record on Appeal
|
Description |
Record - 20-Day SC or Dismiss ~ Appellant has failed to timely file the record on appeal. Within 20 days from the date of this order, appellant shall ensure the filing of the record or show cause why this appeal should not be dismissed for failure to obey the rules and orders of this Court. If the record is not filed or appellant fails to file a response within the time allowed, this appeal shall be dismissed without further notice or opportunity to be heard. Florida Rule of Appellate Procedure 9.410.
|
|
Docket Date |
2022-11-23
|
Type |
Order
|
Subtype |
Show Cause re Compliance with Prior Order
|
Description |
SC-Failure to Comply w/Order-Appeals ~ Within 10 days of the date of this order, the appellant shall comply with this Court's order dated October 27, 2022, requiring appellant to file a conformed copy of the order being appealed. Alternatively, the appellant may file a response showing cause why this appeal should not be dismissed for failure to comply with the order dated October 27, 2022. Failure to timely comply with this order will result in dismissal of this case without further opportunity to be heard. Fla. R. App. P. 9.410.
|
|
Docket Date |
2022-10-27
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Appeal-Pay Fee/Submit LT Ord of Insolv ($300) ~ Appellant has filed a notice of appeal in the lower tribunal without the entry of an order of insolvency or deposit of the statutory filing fee. Accordingly, Appellant shall, within 30 days from the date of this order, either file a certified copy of the lower tribunal's order of insolvency for appellate purposes as required by Florida Rule of Appellate Procedure 9.430 or pay to the clerk of this Court the sum of $300.00 as the appellate filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2018). If Appellant seeks a waiver of the filing fee on the grounds of indigency, Appellant shall file a motion and affidavit of indigency with the clerk of the lower tribunal (the court, agency, officer, board, commission, or body whose order is to be reviewed) for a determination by the lower tribunal of whether an order of insolvency should be issued pursuant to Rule 9.430 and Section 57.081(1) or 57.085(2), Florida Statutes (2018), as applicable.This appeal shall not proceed until the order of insolvency is filed or the fee is paid. Failure to comply with this order will result in the dismissal of this case without further opportunity to be heard. Florida Rule of Appellate Procedure 9.410.
|
|
|
PHH MORTGAGE CORPORATION VS ERIC V. SCHREIBER A/K/A ERIC SCHREIBER AND KATHY SCHREIBER
|
5D2021-1377
|
2021-06-02
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
5th District Court of Appeal
|
Originating Court |
Circuit Court for the Fifth Judicial Circuit, Citrus County
2019-CA-00868-A
|
Parties
Name |
PHH MORTGAGE CORPORATION
|
Role |
Appellant
|
Status |
Active
|
Representations |
Gweneth M. Brimm, Michael W. Smith
|
|
Name |
Kathy Schreiber
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Eric V. Schreiber
|
Role |
Appellee
|
Status |
Active
|
Representations |
David La Croix
|
|
Name |
Hon. Caroline Anne Falvey
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk Citrus
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2022-02-13
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
Eric V. Schreiber
|
|
Docket Date |
2022-02-09
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ 70 PAGES
|
On Behalf Of |
Clerk Citrus
|
|
Docket Date |
2022-01-25
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
Order Granting Motion to Supplement the Record ~ SROA BY 2/24; ANSWER BRF W/IN 20 DAYS; 1/15 MOTION TO STRIKE IS DENIED
|
|
Docket Date |
2022-01-18
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion To File Supplemental Record
|
On Behalf Of |
PHH Mortgage Corporation
|
|
Docket Date |
2022-01-15
|
Type |
Motions Other
|
Subtype |
Motion To Strike
|
Description |
Motion To Strike ~ DENIED PER 1/25 ORDER
|
On Behalf Of |
Eric V. Schreiber
|
|
Docket Date |
2022-01-10
|
Type |
Order
|
Subtype |
Order Discharging Show Cause Order
|
Description |
ORD-Discharging Show Cause ~ IB ACKNOWLEDGED; OTSC DISCHARGED; APPEAL SHALL PROCEED
|
|
Docket Date |
2022-01-07
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
PHH Mortgage Corporation
|
|
Docket Date |
2022-08-30
|
Type |
Record
|
Subtype |
Returned Records
|
Description |
Returned Records ~ NO RECORD E-FILED
|
|
Docket Date |
2022-08-30
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2022-08-11
|
Type |
Order
|
Subtype |
Order on Motion for Rehearing
|
Description |
Order Deny Rehearing
|
|
Docket Date |
2022-08-07
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ TO MOT FOR REHEARING
|
On Behalf Of |
Eric V. Schreiber
|
|
Docket Date |
2022-08-01
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion For Rehearing
|
On Behalf Of |
PHH Mortgage Corporation
|
|
Docket Date |
2022-07-18
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Order Granting Attorney's Fees ~ GRANTED IN PART ONLY AS TO ATTY'S FEES INCURRED DEFENDING APPEAL; DENIED AS TO ATTY'S FEES INCURRED IN PROSECUTING THE CROSS-APPEAL
|
|
Docket Date |
2022-07-15
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Opinion
|
|
Docket Date |
2022-06-23
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ PER 6/13 ORDER
|
On Behalf Of |
PHH Mortgage Corporation
|
|
Docket Date |
2022-06-14
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ PER 6/13 ORDER
|
On Behalf Of |
Eric V. Schreiber
|
|
Docket Date |
2022-06-13
|
Type |
Order
|
Subtype |
Amended/Corrected Order
|
Description |
ORD-Corrected Order ~ OF 6/10 ORDER; PARTIES W/IN 10 DYS RE: WHY APPEAL SHOULD NOT BE DISMISSED...
|
|
Docket Date |
2022-06-10
|
Type |
Order
|
Subtype |
Order to Show Cause
|
Description |
Order to Show Cause ~ AA W/IN 10 DYS RE: WHY APPEAL SHOULD NOT BE DISMISSED...
|
|
Docket Date |
2022-06-09
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ RE: 6/8 ORDER - NO TRANSCRIPT
|
On Behalf Of |
PHH Mortgage Corporation
|
|
Docket Date |
2022-06-08
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ AA W/IN 10 DYS SUPPL ROA W/TRANSCRIPT...
|
|
Docket Date |
2022-04-28
|
Type |
Notice
|
Subtype |
Notice
|
Description |
NOTICE OF PANEL ASSIGNMENT
|
|
Docket Date |
2022-04-08
|
Type |
Brief
|
Subtype |
Cross-Reply Brief
|
Description |
Appellee/Cross-Appellant's Reply Brief
|
On Behalf Of |
Eric V. Schreiber
|
|
Docket Date |
2022-04-06
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ SECOND; 24 PAGES
|
On Behalf Of |
Clerk Citrus
|
|
Docket Date |
2022-03-30
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
Order Granting Motion to Supplement the Record ~ SROA BY 4/19
|
|
Docket Date |
2022-03-29
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion To File Supplemental Record
|
On Behalf Of |
Eric V. Schreiber
|
|
Docket Date |
2022-03-24
|
Type |
Brief
|
Subtype |
Amended Reply Brief
|
Description |
Amended Reply Brief
|
On Behalf Of |
PHH Mortgage Corporation
|
|
Docket Date |
2022-03-23
|
Type |
Order
|
Subtype |
Order on Motion For Leave To File Amended Brief
|
Description |
ORD-Granting Amended Brief ~ AMENDED REPLY/CROSS-ANSWER BRIEF BY 4/1
|
|
Docket Date |
2022-03-16
|
Type |
Motions Relating to Briefs
|
Subtype |
Motion to Amend Brief
|
Description |
Motion For Leave To File Amended Brief
|
On Behalf Of |
PHH Mortgage Corporation
|
|
Docket Date |
2022-03-15
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
PHH Mortgage Corporation
|
|
Docket Date |
2022-02-13
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ FOR MERIT PANEL CONSIDERATION; GRANTED IN PART DENIED IN PART PER 7/17 ORDER
|
On Behalf Of |
Eric V. Schreiber
|
|
Docket Date |
2021-12-28
|
Type |
Order
|
Subtype |
Show Cause
|
Description |
Show Cause Lack of Prosecution, Initial Brief ~ AA W/IN 10 DYS
|
|
Docket Date |
2021-12-09
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 354 PAGES
|
On Behalf Of |
Clerk Citrus
|
|
Docket Date |
2021-10-13
|
Type |
Mediation
|
Subtype |
Mediation Report
|
Description |
Mediation Report ~ MD Viktoria Collins 0521299
|
|
Docket Date |
2021-10-13
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice of Unsuccessful Mediation ~ IB DUE 70 DAYS
|
|
Docket Date |
2021-09-08
|
Type |
Order
|
Subtype |
Order on Motion for Reconsideration/Rehearing of an Order
|
Description |
ORD-Grant Rehearing on Interim Order ~ TREATED AS MOTION TO REINSTATE CROSS-APPEAL AND GRANTED; CROSS-APPEAL SHALL PROCEED; CROSS-APPEAL FILING FEE BY 9/13
|
|
Docket Date |
2021-08-30
|
Type |
Order
|
Subtype |
Order on Extension of Time to Complete Mediation
|
Description |
ORD-Grant EOT to Complete Mediation
|
|
Docket Date |
2021-08-28
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion For Rehearing/Interim Order ~ OF 7/13 ORDER AND TO PERMIT CROSS-APPELLEES AN ADDITIONAL FIVE DAYS TO PAY FILING FEE - AMENDED MOTION
|
On Behalf Of |
Eric V. Schreiber
|
|
Docket Date |
2021-08-27
|
Type |
Post-Disposition Motions
|
Subtype |
Motion for Rehearing
|
Description |
Motion For Rehearing/Interim Order ~ OF 7/13 ORDER AND TO PERMIT CROSS-APPELLEES AN ADDITIONAL FIVE DAYS TO PAY FILING FEE- SEE AMENDED MOTION
|
On Behalf Of |
Eric V. Schreiber
|
|
Docket Date |
2021-08-27
|
Type |
Mediation
|
Subtype |
Med Motion for extension of time
|
Description |
Med Motion for extension of time ~ JOINT MOTION TO EXTEND TIME FOR MEDIATION
|
On Behalf Of |
PHH Mortgage Corporation
|
|
Docket Date |
2021-08-26
|
Type |
Mediation
|
Subtype |
Mediation Report
|
Description |
Mediation Report ~ MD Viktoria Collins 0521299
|
|
Docket Date |
2021-08-18
|
Type |
Mediation
|
Subtype |
Notice of Mediation
|
Description |
Notice of Mediation
|
|
Docket Date |
2021-07-21
|
Type |
Order
|
Subtype |
Order re Counsel
|
Description |
ORD-Withdraw as Counsel ~ ATTY KUPCINSKAS W/DRAWN...
|
|
Docket Date |
2021-07-19
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion To Withdraw as Counsel
|
Description |
Motion To Withdraw as Counsel
|
On Behalf Of |
PHH Mortgage Corporation
|
|
Docket Date |
2021-07-13
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ CASE DISMISSED AS TO CROSS-APPEAL ONLY; SHALL PROCEED ONLY AS TO THE APPEAL FILED BY PHH MORTGAGE...
|
|
Docket Date |
2021-06-30
|
Type |
Order
|
Subtype |
Order to Show Cause
|
Description |
Order to Show Cause - Filing Fee ~ AE W/IN 10 DYS WHY CROSS-APPEAL SHOULD NOT BE DISMISSED...
|
|
Docket Date |
2021-06-28
|
Type |
Order
|
Subtype |
Order Appointing Mediator
|
Description |
ORD-Appointing Mediator
|
|
Docket Date |
2021-06-28
|
Type |
Mediation
|
Subtype |
Response to Order of Referral to Mediation
|
Description |
Response to Order of Referral to Mediation
|
On Behalf Of |
PHH Mortgage Corporation
|
|
Docket Date |
2021-06-16
|
Type |
Order
|
Subtype |
Order of Referral to Mediation
|
Description |
ORD-Referral To Mediation
|
|
Docket Date |
2021-06-09
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
Order to pay filing fee - Notice/Motion (295)
|
|
Docket Date |
2021-06-09
|
Type |
Misc. Events
|
Subtype |
Miscellaneous Docket Entry
|
Description |
Miscellaneous Docket Entry ~ NOTICE CROSS APPEAL; FILED BELOW 6/2/21; CROSS APPEAL DISMISSED PER 7/13 ORDER; REINSTATED PER 9/8 ORDER
|
On Behalf Of |
Eric V. Schreiber
|
|
Docket Date |
2021-06-09
|
Type |
Notice
|
Subtype |
Notice of Cross Appeal
|
Description |
Notice of Cross Appeal ~ REINSTATED PER 9/8 ORDER
|
On Behalf Of |
Eric V. Schreiber
|
|
Docket Date |
2021-06-04
|
Type |
Mediation
|
Subtype |
Mediation Questionnaire
|
Description |
Mediation Questionnaire ~ AA Michael W. Smith 0088831
|
On Behalf Of |
PHH Mortgage Corporation
|
|
Docket Date |
2021-06-03
|
Type |
Order
|
Subtype |
Mediation Letter to LT
|
Description |
Mediation Letter to L.T.
|
|
Docket Date |
2021-06-03
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgement Letter 1
|
|
Docket Date |
2021-06-03
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
CASE FILING FEE PAID THROUGH PORTAL
|
On Behalf Of |
PHH Mortgage Corporation
|
|
Docket Date |
2021-06-02
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ FILED BELOW 05/28/21
|
On Behalf Of |
PHH Mortgage Corporation
|
|
Docket Date |
2021-06-02
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
|
ARP ACQUISITIONS CORP., etc., VS PHH MORTGAGE CORPORATION,
|
3D2020-1805
|
2020-12-04
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
3rd District Court of Appeal
|
Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
19-22639
|
Parties
Name |
ARP ACQUISITIONS, CORP.
|
Role |
Appellant
|
Status |
Active
|
Representations |
Albert D. Rey
|
|
Name |
PHH MORTGAGE CORPORATION
|
Role |
Appellee
|
Status |
Active
|
Representations |
Jonathan I. Meisels, DAVID ROSENBERG
|
|
Name |
Hon. Oscar Rodriguez-Fonts
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Miami-Dade Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2022-03-21
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2022-03-21
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2022-03-02
|
Type |
Disposition by Opinion
|
Subtype |
Reversed
|
Description |
Reversed - Authored Opinion ~ Order quashed.
|
|
Docket Date |
2021-12-20
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
ARP ACQUISITIONS CORP.
|
|
Docket Date |
2021-11-23
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Clerk's notice granting eot (CLKEX) ~ RB-30 days to 12/22/2021.
|
|
Docket Date |
2021-11-22
|
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 |
ARP ACQUISITIONS CORP.
|
|
Docket Date |
2021-10-21
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief ~ ANSWER BRIEF OF APPELLEE PHH MORTGAGE CORPORATION
|
On Behalf Of |
PHH MORTGAGE CORPORATION
|
|
Docket Date |
2021-10-19
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Clerk's notice granting eot (CLKEX) ~ AB-05 days to 10/22/2021
|
|
Docket Date |
2021-10-18
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extension of time to file Answer Brief
|
On Behalf Of |
PHH MORTGAGE CORPORATION
|
|
Docket Date |
2021-09-21
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ AB-30 days to 10/18/2021
|
|
Docket Date |
2021-09-17
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time ~ NOTICE OF EXTENSION OF TIME TO FILE ANSWER BRIEF
|
On Behalf Of |
PHH MORTGAGE CORPORATION
|
|
Docket Date |
2021-08-19
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ AB-30 days to 9/17/2021
|
|
Docket Date |
2021-08-18
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time
|
On Behalf Of |
PHH MORTGAGE CORPORATION
|
|
Docket Date |
2021-07-20
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ AB-30 days to 08/18/2021
|
|
Docket Date |
2021-07-19
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Notice of Agreed Extension of Time ~ NOTICE OF EXTENSION OF TIME TO FILE ANSWER BRIEF
|
On Behalf Of |
PHH MORTGAGE CORPORATION
|
|
Docket Date |
2021-06-17
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
ARP ACQUISITIONS CORP.
|
|
Docket Date |
2021-06-10
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Ext-gr initial brief no further extensions (OG03B) ~ Appellant’s “Emergency Motion for Short Enlargement of Time to File Initial Brief” is granted to and including June 17, 2021, with no further extensions allowed. If said brief is not timely filed in accordance with this Order, the appeal will be subject to dismissal.
|
|
Docket Date |
2021-06-09
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Initial Brief
|
Description |
Mot. for Extension of time to file Initial Brief ~ emerg. motion for short eot to file initial brief
|
On Behalf Of |
ARP ACQUISITIONS CORP.
|
|
Docket Date |
2021-04-09
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Clerk's notice granting eot (CLKEX) ~ IB-60 days to 06/09/2021
|
|
Docket Date |
2021-04-09
|
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 |
ARP ACQUISITIONS CORP.
|
|
Docket Date |
2021-03-08
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
PHH MORTGAGE CORPORATION
|
|
Docket Date |
2021-02-11
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Record on Appeal
|
On Behalf Of |
Miami-Dade Clerk
|
|
Docket Date |
2021-02-09
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Clerk's notice granting eot (CLKEX) ~ IB-57 days to 04/09/2021
|
|
Docket Date |
2021-02-08
|
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 |
ARP ACQUISITIONS CORP.
|
|
Docket Date |
2020-12-11
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
ARP ACQUISITIONS CORP.
|
|
Docket Date |
2020-12-11
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ CERTIFICATE OF FILING SERVICE LIST
|
On Behalf Of |
ARP ACQUISITIONS CORP.
|
|
Docket Date |
2020-12-07
|
Type |
Order
|
Subtype |
Certificate of Service
|
Description |
Ap/ant Ordered to File Cert. of Serv. (OR50) ~ All pleadings filed in this Court must be served on each party and contain a certificate of service stating the names and addresses of those served. See Fla. R. App. P. 9.420. Within ten (10) days from the date of this Order, the appellant is directed to file with this Court a certificate of service indicating the addresses of all the parties in this appeal.
|
|
Docket Date |
2020-12-07
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments. The $300 filing fee for a notice of appeal is due.
|
|
Docket Date |
2020-12-04
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ Incomplete certificate of service.
|
On Behalf Of |
ARP ACQUISITIONS CORP.
|
|
Docket Date |
2020-12-04
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
|
LAURIE K. STEINBERG and ALLAN D. STEINBERG VS PHH MORTGAGE CORPORATION
|
4D2020-1824
|
2020-08-18
|
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
502010CA030562 (AO)
|
Parties
Name |
Laurie K. Steinberg
|
Role |
Petitioner
|
Status |
Active
|
Representations |
Adam J. Steinberg
|
|
Name |
Allan D. Steinberg
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
PHH MORTGAGE CORPORATION
|
Role |
Respondent
|
Status |
Active
|
Representations |
Nicholas Steven Agnello, Sara Solano
|
|
Name |
Hon. James Nutt
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Palm Beach
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2020-08-20
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
Order-Original Proceeding Dismissed ~ ORDERED that petitioners’ August 18, 2020 emergency motion to stay is denied. Further,ORDERED that the petition for writ of certiorari is dismissed for failure to establish irreparable harm. See Williams v. Oken, 62 So. 3d 1129, 1132 (Fla. 2011); Bared & Co., Inc. v. McGuire, 670 So. 2d 153 (Fla. 4th DCA 1996).DAMOORGIAN, FORST and ARTAU, JJ., concur.
|
|
Docket Date |
2020-08-20
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge
|
|
Docket Date |
2020-08-18
|
Type |
Order
|
Subtype |
Order on Request for Emergency Treatment
|
Description |
Denying Request for Emergency Treatment ~ ORDERED that petitioners' August 18, 2020 request for emergency treatment is denied. The court will handle the filing in the normal course of business. No motion for rehearing as to this order will be entertained.
|
|
Docket Date |
2020-08-18
|
Type |
Record
|
Subtype |
Appendix to Petition
|
Description |
Appendix to Petition ~ **FILING FEE PAID ELECTRONICALLY**
|
|
Docket Date |
2020-08-18
|
Type |
Petition
|
Subtype |
Petition Certiorari
|
Description |
Petition for Certiorari Filed ~ **FILING FEE PAID ELECTRONICALLY**
|
On Behalf Of |
Laurie K. Steinberg
|
|
Docket Date |
2020-08-18
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2020-08-18
|
Type |
Motions Other
|
Subtype |
Request for Emergency Treatment
|
Description |
Request for Emergency Treatment
|
|
Docket Date |
2020-08-18
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Writ of Certiorari / Acknowledgment letter
|
|
|
OCWEN LOAN SERVICING, LLC, et al., VS 21 ASSET MANAGEMENT HOLDING, LLC,
|
3D2020-0983
|
2020-07-10
|
Closed
|
|
Classification |
Original Proceedings - Circuit Civil - Certiorari
|
Court |
3rd District Court of Appeal
|
Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
20-9042
|
Parties
Name |
PHH MORTGAGE CORPORATION
|
Role |
Appellant
|
Status |
Active
|
|
Name |
OCWEN FINANCIAL CORPORATION
|
Role |
Appellant
|
Status |
Active
|
|
Name |
OCWEN LOAN SERVICING, LLC
|
Role |
Appellant
|
Status |
Active
|
Representations |
RYAN COEL WOOTEN, DIANA MARIE FASSBENDER
|
|
Name |
21 - ASSET MANAGEMENT HOLDING, LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Matias R. Dorta, Gonzalo R. Dorta
|
|
Name |
Hon. Reemberto Diaz
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Miami-Dade Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2020-10-29
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2020-10-29
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2020-10-07
|
Type |
Disposition by Opinion
|
Subtype |
Granted
|
Description |
Granted - Authored Opinion ~ Petition granted, order quashed, and cause remanded.
|
|
Docket Date |
2020-10-01
|
Type |
Order
|
Subtype |
Order on Motion For Substitution of Counsel
|
Description |
Substitution of Counsel Recognized (OR44D) ~ The Substitution of Counsel filed September 29, 2020, is recognized by the Court.
|
|
Docket Date |
2020-10-01
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
OCWEN LOAN SERVICING, LLC
|
|
Docket Date |
2020-09-29
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion For Substitution of Counsel
|
Description |
Motion For Substitution of Counsel ~ SUBSTITUTION OF COUNSEL FOR PETITIONERS WITHIN ORRICK, HERRINGTON & SUTCLIFFE LLP
|
On Behalf Of |
OCWEN LOAN SERVICING, LLC
|
|
Docket Date |
2020-09-03
|
Type |
Order
|
Subtype |
Order on Motion to Appear Pro Hac Vice
|
Description |
Pro hac vice motion granted (OG45) ~ Upon consideration, Ryan Coel Wooten, Esquire's Verified Motion to Appear Pro Hac Vice on behalf of Petitioners is hereby granted as stated in the Motion. Ryan Coel Wooten, Esquire, shall pay the required one hundred ($100.00) dollar fee within ten (10) days from the date of this Order.
|
|
Docket Date |
2020-09-03
|
Type |
Misc. Events
|
Subtype |
Pro Hac Vice Fee Paid through Portal
|
Description |
PRO HAC VICE FEE PAID THROUGH PORTAL
|
|
Docket Date |
2020-08-31
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion to Appear Pro Hac Vice
|
Description |
MO36A Motion to Appear Pro Hac Vice ~ VERIFIED MOTION FOR ADMISSION TO APPEAR PRO HAC VICEPURSUANT TO FLORIDA RULE OF JUDICIAL ADMINISTRATION2.510
|
On Behalf Of |
OCWEN LOAN SERVICING, LLC
|
|
Docket Date |
2020-08-24
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix ~ SUPPLEMENTAL APPENDIX TO PETITIONER'S PETITION FOR WRIT OF CERTIORARI
|
On Behalf Of |
OCWEN LOAN SERVICING, LLC
|
|
Docket Date |
2020-08-24
|
Type |
Response
|
Subtype |
Reply
|
Description |
REPLY ~ REPLY IN SUPPORT OF PETITION FOR WRIT OF CERTIORARI
|
On Behalf Of |
OCWEN LOAN SERVICING, LLC
|
|
Docket Date |
2020-08-24
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
OCWEN LOAN SERVICING, LLC
|
|
Docket Date |
2020-08-03
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ RESPONSE TO PETITION FOR WRIT OF CERTIORARI
|
On Behalf Of |
21 ASSET MANAGEMENT HOLDING, LLC
|
|
Docket Date |
2020-08-03
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix ~ RESPONDENTS' APPENDIX TO RESPONSE TOPETITION FOR WRIT OF CERTIORARI
|
On Behalf Of |
21 ASSET MANAGEMENT HOLDING, LLC
|
|
Docket Date |
2020-08-03
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
21 ASSET MANAGEMENT HOLDING, LLC
|
|
Docket Date |
2020-07-17
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to File Response
|
Description |
Extension granted to respond to petition (OG01) ~ Respondent’s Motion for Extension of Time to File a Response to the Petition for Writ of Certiorari is granted to and including August 5, 2020.
|
|
Docket Date |
2020-07-16
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ PETITIONERS' RESPONSE TO RESPONDENT'S MOTION FOREXTENSION OF TIME
|
On Behalf Of |
OCWEN LOAN SERVICING, LLC
|
|
Docket Date |
2020-07-15
|
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 TIMETO FILE RESPONSE TO PETITION FOR WRIT OF CERTIORARI
|
On Behalf Of |
21 ASSET MANAGEMENT HOLDING, LLC
|
|
Docket Date |
2020-07-13
|
Type |
Order
|
Subtype |
Order to Respond to Petition
|
Description |
Order Resp. on all Petitions except Prohibi(OR12L) ~ Respondent is ordered to file a response by noon on Friday, July 17, 2020, to the Petition for Writ of Certiorari.
|
|
Docket Date |
2020-07-13
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments.
|
|
Docket Date |
2020-07-10
|
Type |
Petition
|
Subtype |
Petition Certiorari
|
Description |
Petition for Certiorari Filed
|
On Behalf Of |
OCWEN LOAN SERVICING, LLC
|
|
Docket Date |
2020-07-10
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
|
|
Docket Date |
2020-07-10
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix
|
On Behalf Of |
OCWEN LOAN SERVICING, LLC
|
|
|
MARIE J. PIERRE VS PHH MORTGAGE CORPORATION
|
SC2018-1792
|
2018-10-24
|
Closed
|
|
Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
Court |
Supreme Court of Florida
|
Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
132012CA031700000001
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
3D18-3
|
Parties
Name |
Ms. Marie J. Pierre
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
PHH MORTGAGE CORPORATION
|
Role |
Respondent
|
Status |
Active
|
Representations |
CHRIS DELBENE, Mr. Jonathan Lee Blackmore, WILLIAM ISENBERG
|
|
Name |
Hon. Antonio Arzola
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Hon. Harvey Ruvin
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Name |
Hon. Mary Cay Blanks
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2019-03-27
|
Type |
Disposition
|
Subtype |
Rev DY Lack Juris
|
Description |
DISP-REV DY LACK JURIS ~ This cause having heretofore been submitted to the Court on jurisdictional briefs and portions of the record deemed necessary to reflect jurisdiction under Article V, Section 3(b), Florida Constitution, and the Court having determined that it should decline to accept jurisdiction, it is ordered that the petition for review is denied.No motion for rehearing will be entertained by the Court. See Fla. R. App. P. 9.330(d)(2).
|
|
Docket Date |
2019-02-12
|
Type |
Order
|
Subtype |
Strike
|
Description |
ORDER-STRIKE DY ~ Petitioner's Jurisdiction to Crash Respondent's Brief and Grant Final Judgement to Petitioner has been treated as a motion to strike, and said motion is hereby denied.
|
|
Docket Date |
2019-01-28
|
Type |
Motion
|
Subtype |
Strike
|
Description |
MOTION-STRIKE ~ Jurisdiction to Crash Respondent's Brief and Grant Final Judgement to Petitioner
|
On Behalf Of |
Ms. Marie J. Pierre
|
View |
View File
|
|
Docket Date |
2019-01-07
|
Type |
Brief
|
Subtype |
Juris Answer
|
Description |
JURIS ANSWER BRIEF ~ RESPONDENT'S BRIEF ON JURISDICTION
|
On Behalf Of |
PHH Mortgage Corporation
|
View |
View File
|
|
Docket Date |
2018-12-17
|
Type |
Brief
|
Subtype |
Juris Initial (Amended)
|
Description |
JURIS INITIAL AMD BRIEF ~ Petitioner's Amended Jurisdictional Brief (with appendix)
|
On Behalf Of |
Ms. Marie J. Pierre
|
View |
View File
|
|
Docket Date |
2018-11-28
|
Type |
Order
|
Subtype |
Brief/Appendix Stricken (Non-Compliance)
|
Description |
ORDER-BRIEF STRICKEN (NON-COMPLIANCE) ~ Petitioner's jurisdictional brief, which was filed with this Court on November 27, 2018, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Petitioner is hereby directed, on or before December 18, 2018, to file an amended jurisdictional brief with appendix. It shall contain, in the following order: a cover sheet, a table of contents, a table of citations, a statement of the case and of the facts, a summary of argument, an argument, a conclusion and include a certificate of compliance which immediately follows the certificate of service. The brief must not exceed ten pages. The table of contents and citations, the certificates of service and compliance, and the signature block for the brief's author shall be excluded from the computation. The appendix shall contain only a copy of the opinion or order of the district court of appeal to be reviewed. Petitioner may choose to use the enclosed jurisdiction brief form. This form is optional.
|
|
Docket Date |
2018-11-27
|
Type |
Brief
|
Subtype |
Juris Initial
|
Description |
JURIS INITIAL BRIEF ~ Petitioner's Jurisdictional Brief *11/28/18 Brief stricken. Not compliant*
|
On Behalf Of |
Ms. Marie J. Pierre
|
View |
View File
|
|
Docket Date |
2018-11-16
|
Type |
Order
|
Subtype |
Dismissal re: Failure To Comply
|
Description |
ORDER-DISMISSAL RE: FAILURE TO COMPLY ~ In reviewing our records, we note that your case is subject to dismissal for failure to comply with this Court's direction. See Fla. R. App. P. 9.410.We have not received the jurisdictional brief with appendix in accordance with Florida Rule of Appellate Procedure 9.120(d). Failure to file the above referenced documents with this Court within 15 days from the date of this order could result in the imposition of sanctions, including dismissal of the petition.
|
|
Docket Date |
2018-10-26
|
Type |
Letter-Case
|
Subtype |
Acknowledgment Letter-New Case
|
Description |
ACKNOWLEDGMENT LETTER-NEW CASE
|
|
Docket Date |
2018-10-26
|
Type |
Event
|
Subtype |
No Fee - Insolvent
|
Description |
No Fee - Insolvent ~ Insolvent Below
|
|
Docket Date |
2018-10-24
|
Type |
Notice
|
Subtype |
Invoke Discretionary Jurisdiction
|
Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT) ~ Uncertified Copy Rec'd 10/22/2018
|
On Behalf Of |
Ms. Marie J. Pierre
|
View |
View File
|
|
Docket Date |
2018-10-24
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
NI:No Fee - Insolvent
|
|
|
MARGO S. MORGAN a/k/a MARGO S. MORGAN VALENTIN VS PHH MORTGAGE CORPORATION
|
4D2018-1892
|
2018-06-21
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 12026686
|
Parties
Name |
MARGO S. MORGAN
|
Role |
Appellant
|
Status |
Active
|
Representations |
Samantha Neides
|
|
Name |
FORECLOSURE, INC.
|
Role |
Appellant
|
Status |
Active
|
|
Name |
PHH MORTGAGE CORPORATION
|
Role |
Appellee
|
Status |
Active
|
Representations |
Kevin George Peters, Shakiva Lavon Brown, PHELAN HALLINAN DIAMOND, ET AL, Jonathan L. Blackmore, VANESSA PELLOT
|
|
Name |
SPACE COAST CREDIT UNION, etc.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
IMAGES AT PEMBROKE POINTE HOMEOWNERS ASSOCIATION, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Barry Stone
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2018-12-05
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
Order Granting Voluntary Dismissal ~ Pursuant to the December 4, 2018 notice of voluntary dismissal, this case is dismissed.
|
|
Docket Date |
2018-12-05
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2018-12-04
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal
|
On Behalf Of |
MARGO S. MORGAN
|
|
Docket Date |
2018-11-27
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Grant Extension of Time ~ ORDERED that appellant's request for continuance contained within the November 26, 2018 status report is granted. The stay is continued for thirty (30) days from the date of this order. Appellant shall file a status report prior to the expiration of the stay if the case has not yet been dismissed.
|
|
Docket Date |
2018-11-26
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report
|
On Behalf Of |
MARGO S. MORGAN
|
|
Docket Date |
2018-09-24
|
Type |
Order
|
Subtype |
Order on Motion to Stay
|
Description |
Grant Stay ~ ORDERED that appellant's August 30, 2018 motion to stay appeal pending completion of trial loan modification is granted in part, and the above-styled is stayed for sixty (60) days. Before the expiration of the stay, the appellant shall file a status report indicating the parties progress towards permanent loan modification.
|
|
Docket Date |
2018-08-30
|
Type |
Motions Other
|
Subtype |
Motion To Stay
|
Description |
Motion To Stay
|
On Behalf Of |
MARGO S. MORGAN
|
|
Docket Date |
2018-08-21
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 642 PAGES
|
|
Docket Date |
2018-07-20
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
PHH MORTGAGE CORPORATION
|
|
Docket Date |
2018-07-17
|
Type |
Order
|
Subtype |
Order on Motion for Reinstatement
|
Description |
ORD-Reinstatement ~ ORDERED that the appellant's July 16, 2018 motion for reinstatement is granted, and the above-styled appeal is reinstated.
|
|
Docket Date |
2018-07-16
|
Type |
Post-Disposition Motions
|
Subtype |
Motion For Reinstatement
|
Description |
Motion For Reinstatement
|
On Behalf Of |
MARGO S. MORGAN
|
|
Docket Date |
2018-07-10
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ ORDERED sua sponte that the above-styled appeal is dismissed for nonpayment of the $300.00 filing fee.
|
|
Docket Date |
2018-07-10
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2018-06-22
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2018-06-22
|
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 |
2018-06-21
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
MARGO S. MORGAN
|
|
Docket Date |
2018-06-21
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|
HENCILE DORSEY SR. VS PHH MORTGAGE CORPORATION
|
3D2018-0366
|
2018-02-27
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
3rd District Court of Appeal
|
Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
15-7350
|
Parties
Name |
Hencile Dorsey
|
Role |
Appellant
|
Status |
Active
|
|
Name |
PHH MORTGAGE CORPORATION
|
Role |
Appellee
|
Status |
Active
|
Representations |
EMILIO R. LENZI
|
|
Name |
Hon. Reemberto Diaz
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Miami-Dade Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2018-07-12
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ Cancellation of Lis Pendens
|
|
Docket Date |
2018-07-09
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Motion For Voluntary Dismissal
|
|
Docket Date |
2018-07-09
|
Type |
Notice
|
Subtype |
Voluntary Dismissal
|
Description |
Voluntary Dismissal Recognized (OG33) ~ ORDERED that appellant’s motion for voluntary dismissal is recognized by the Court, and this appeal from the Circuit Court for Miami-Dade County, Florida is hereby dismissed.
|
|
Docket Date |
2018-07-09
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2018-07-09
|
Type |
Disposition by Opinion
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2018-07-09
|
Type |
Mandate
|
Subtype |
Disp. w/o Mandate
|
Description |
Disp w/o mandate
|
|
Docket Date |
2018-05-09
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Record on Appeal
|
|
Docket Date |
2018-02-27
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
C1:Certificate of Indigency Filed
|
|
Docket Date |
2018-02-27
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Hencile Dorsey
|
|
Docket Date |
2018-02-27
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments.
|
|
|
MARIE J. PIERRE, VS PHH MORTGAGE CORPORATION,
|
3D2018-0003
|
2018-01-02
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
3rd District Court of Appeal
|
Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
12-31700
|
Parties
Name |
MARIE J. PIERRE
|
Role |
Appellant
|
Status |
Active
|
|
Name |
PHH MORTGAGE CORPORATION
|
Role |
Appellee
|
Status |
Active
|
Representations |
Jonathan L. Blackmore, CHRISTOPHER M. DELBENE
|
|
Name |
Hon. Antonio Arzola
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Miami-Dade Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2019-03-27
|
Type |
Supreme Court
|
Subtype |
Supreme Court Opinion
|
Description |
Supreme Court Disposition ~ This cause having heretofore been submitted to the Court on jurisdictionalbriefs and portions of the record deemed necessary to reflect jurisdiction underArticle V, Section 3(b), Florida Constitution, and the Court having determined thatit should decline to accept jurisdiction, it is ordered that the petition for review isdenied.No motion for rehearing will be entertained by the Court. See Fla. R. App.P. 9.330(d)(2).
|
|
Docket Date |
2018-10-26
|
Type |
Supreme Court
|
Subtype |
Acknowledged Receipt from Supreme Court
|
Description |
Acknowledged Receipt from Supreme Court
|
|
Docket Date |
2018-10-24
|
Type |
Notice
|
Subtype |
Notice
|
Description |
NOTICE OF DISCRETN. JURISDICTN
|
|
Docket Date |
2018-10-08
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2018-10-08
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2018-09-20
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Citation
|
|
Docket Date |
2018-09-20
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion Denied (OD999) ~ Appellee’s motion to submit the case to the panel without a reply brief and appellant’s motion to submit the case to the panel with a request of the initial answer brief are denied as moot.
|
|
Docket Date |
2018-08-16
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ Motion to submit to the panel with request of the initial answer brief
|
On Behalf Of |
MARIE J. PIERRE
|
|
Docket Date |
2018-08-06
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ Motion to submit the case to the panel without a reply brief
|
On Behalf Of |
PHH MORTGAGE CORPORATION
|
|
Docket Date |
2018-07-30
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ to Notice of FAILLURE to File Reply Brief
|
On Behalf Of |
MARIE J. PIERRE
|
|
Docket Date |
2018-07-03
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ of failure to file reply brief
|
On Behalf Of |
PHH MORTGAGE CORPORATION
|
|
Docket Date |
2018-06-13
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
PHH MORTGAGE CORPORATION
|
|
Docket Date |
2018-05-21
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ of unavailability
|
On Behalf Of |
MARIE J. PIERRE
|
|
Docket Date |
2018-05-11
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Clerk's notice granting eot (CLKEX) ~ AB-30 days to 6/13/18
|
|
Docket Date |
2018-05-10
|
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 |
PHH MORTGAGE CORPORATION
|
|
Docket Date |
2018-04-26
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ TO THE MOTION FOR EOT
|
On Behalf Of |
MARIE J. PIERRE
|
|
Docket Date |
2018-03-15
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Clerk's notice granting eot (CLKEX) ~ AB-60 days to 5/14/18
|
|
Docket Date |
2018-03-14
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
PHH MORTGAGE CORPORATION
|
|
Docket Date |
2018-03-14
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extension of time to file Answer Brief
|
On Behalf Of |
PHH MORTGAGE CORPORATION
|
|
Docket Date |
2018-02-28
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Record on Appeal
|
|
Docket Date |
2018-02-22
|
Type |
Motions Other
|
Subtype |
Motion To Strike
|
Description |
Motion to Strike Denied (OD30) ~ Upon consideration, appellee’s motion to strike appellant’s initial brief is hereby denied. Appellant’s motion filed on February 12, 2018 is treated as a response to the appellee’s motion to strike, and the response is noted. LAGOA, LOGUE and LINDSEY, JJ.,, concur.
|
|
Docket Date |
2018-02-12
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ Motion to vacate and set aside, and for relief ae motion to strike initial brief and lawyers fees.
|
On Behalf Of |
MARIE J. PIERRE
|
|
Docket Date |
2018-01-29
|
Type |
Motions Other
|
Subtype |
Motion To Strike
|
Description |
Motion To Strike ~ initial brief
|
On Behalf Of |
PHH MORTGAGE CORPORATION
|
|
Docket Date |
2018-01-17
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
PHH MORTGAGE CORPORATION
|
|
Docket Date |
2018-01-08
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
MARIE J. PIERRE
|
|
Docket Date |
2018-01-02
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ PRIOR CASE: 17-1505
|
On Behalf Of |
MARIE J. PIERRE
|
|
Docket Date |
2018-01-02
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments.
|
|
Docket Date |
2018-01-02
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
C1:Certificate of Indigency Filed
|
|
|
HENCILE DORSEY, SR. VS PHH MORTGAGE CORPORATION
|
3D2017-2457
|
2017-11-15
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
3rd District Court of Appeal
|
Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
15-7350
|
Parties
Name |
Hencile Dorsey
|
Role |
Appellant
|
Status |
Active
|
|
Name |
PHH MORTGAGE CORPORATION
|
Role |
Appellee
|
Status |
Active
|
Representations |
EMILIO R. LENZI
|
|
Name |
Hon. Reemberto Diaz
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Miami-Dade Clerk
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2018-03-12
|
Type |
Misc. Events
|
Subtype |
West Publishing
|
Description |
West Publishing
|
|
Docket Date |
2018-03-12
|
Type |
Notice
|
Subtype |
Voluntary Dismissal
|
Description |
Voluntary Dismissal Recognized (OG33) ~ ORDERED that appellant's motion for voluntary dismissal is recognized by the Court, and this appeal from the Circuit Court for Miami-Dade County, Florida is hereby dismissed.
|
|
Docket Date |
2018-03-12
|
Type |
Disposition by Opinion
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2018-03-12
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Motion For Voluntary Dismissal
|
|
Docket Date |
2018-03-12
|
Type |
Mandate
|
Subtype |
Disp. w/o Mandate
|
Description |
Disp w/o mandate
|
|
Docket Date |
2018-03-01
|
Type |
Order
|
Subtype |
Order to Serve Brief
|
Description |
AA to file intitial brief w/in 10 days (OR21A) ~ Pursuant to the time schedule provided in the Florida Rules of Appellate Procedure, the time for filing the initial brief has expired. This cause will be subject to dismissal unless the document referred to is filed within ten (10) days from the date of this order, or within said time the court is otherwise notified that this matter is being diligently prosecuted.
|
|
Docket Date |
2018-01-18
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Record on Appeal
|
|
Docket Date |
2017-11-15
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
C1:Certificate of Indigency Filed
|
|
Docket Date |
2017-11-15
|
Type |
Notice
|
Subtype |
Notice of Appeal Transmittal Form
|
Description |
Notice of Transmittal--NOA
|
On Behalf Of |
Hencile Dorsey
|
|
Docket Date |
2017-11-15
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments.
|
|
|
ROBERT E. DALY & BRIDGET MCNEFF - DALY, A/K/A BRIDGE MCNEFF DAILY VS PHH MORTGAGE CORPORATION
|
2D2017-3577
|
2017-08-29
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
2nd District Court of Appeal
|
Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
14-CA-005992
|
Parties
Name |
ROBERT E. DALY
|
Role |
Appellant
|
Status |
Active
|
|
Name |
BRIDGET MCNEFF - DALY, a/k/a BRIDGE MCNEFF DAILY
|
Role |
Appellant
|
Status |
Active
|
|
Name |
PHH MORTGAGE CORPORATION
|
Role |
Appellee
|
Status |
Active
|
Representations |
ROBERT HASSETT, I I I, ESQ., JACQUELINE SIMMS - PETREDIS, ESQ., CHRISTY PARRIS, ESQ., ADAM J. KNIGHT, ESQ.
|
|
Name |
HON. MARK D. KISER
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
HILLSBOROUGH CLERK
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2019-02-21
|
Type |
Order
|
Subtype |
Order
|
Description |
ORD-SUA SPONTE ~ This court acknowledges the expiration of the stay extension in bankruptcy proceeding in case 8:18-bk-08436-RCT, United State Bankruptcy Court, Middle District of Florida. This appeal shall proceed on the briefs without oral argument.
|
|
Docket Date |
2019-01-08
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ APPELLEE PHH MORTGAGE CORPORATION'S RESPONSE TO STATUS REPORT OF TRUSTEE AND REQUEST TO PROCEED WITH THIS APPEAL
|
On Behalf Of |
PHH MORTGAGE CORPORATION
|
|
Docket Date |
2018-11-16
|
Type |
Misc. Events
|
Subtype |
Status Report
|
Description |
Status Report ~ STATUS REPORT AND NOTICE OF FILING OF ORDER CONFIRMING THEAUTOMATIC STAY PROVIDED BY 11 U.S.C. § 362 REMAINS IN EFFECT
|
|
Docket Date |
2018-09-20
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ It has come to the court's attention that attorney Mark Stopa has been suspended from the practice of law and ordered to withdraw from pending cases. In this case, no motion to withdraw has been filed. Within seven days from the date of this order, attorney Stopa shall file a motion to withdraw in this case. The motion shall be served on the client and shall provide the client's address, as required by Florida Rule of Appellate Procedure 9.440(b).
|
|
Docket Date |
2018-09-06
|
Type |
Order
|
Subtype |
Order on Motion/Request for Oral Argument
|
Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on THURSDAY, NOVEMBER 08, 2018, at 9:30 A.M., before: Judge Edward C. LaRose, Judge Morris Silberman, Judge J. Andrew Atkinson. Oral argument will occur at the Second District Court of Appeal, Tampa Branch Headquarters, in the courtroom of the Stetson University College Of Law, Tampa Campus, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the receptionist by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument in this proceeding, the attorneys or parties will be notified by order no less than two weeks before the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.
|
|
Docket Date |
2018-07-06
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant Reply Brief
|
On Behalf Of |
ROBERT E. DALY
|
|
Docket Date |
2018-06-01
|
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 |
ROBERT E. DALY
|
|
Docket Date |
2018-05-03
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30 - RB due 06/01/18
|
On Behalf Of |
ROBERT E. DALY
|
|
Docket Date |
2018-04-12
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument ~ APPELLEE PHH MORTGAGE CORPORATION'S STATEMENT REGARDING ORAL ARGUMENT
|
On Behalf Of |
PHH MORTGAGE CORPORATION
|
|
Docket Date |
2018-04-12
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
PHH MORTGAGE CORPORATION
|
|
Docket Date |
2018-04-12
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee Answer Brief
|
On Behalf Of |
PHH MORTGAGE CORPORATION
|
|
Docket Date |
2018-04-02
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ REDACTED - 12 PAGES
|
|
Docket Date |
2018-03-27
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
ORDER GRANTING MOTION TO SUPPLEMENT THE RECORD ~ Appellees’ motion to supplement the record is granted, and appellees shall make arrangements within three days with the clerk of the circuit court for the supplementation of the record with the items mentioned in the motion, with the supplemental record to be filed in this court within twenty-five days from the date of this order.
|
|
Docket Date |
2018-03-23
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 20 - AB 04/13/18
|
On Behalf Of |
PHH MORTGAGE CORPORATION
|
|
Docket Date |
2018-03-21
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion to Supplement
|
On Behalf Of |
PHH MORTGAGE CORPORATION
|
|
Docket Date |
2018-10-18
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ (NOTICE OF FILING BANKRUPTCY ORDER)
|
|
Docket Date |
2018-09-25
|
Type |
Order
|
Subtype |
Order on Motion To Withdraw as Counsel
|
Description |
ORD-WITHDRAW AS COUNSEL ~ The motion for withdrawal as counsel of record for the appellants filed byAttorney Mark P. Stopa is granted. Attorney Stopa is relieved of further appellateresponsibilities. The appellants shall proceed pro se, without prejudice to retainingcounsel, who must file a notice of appearance upon retention. This case is provisionally set for oral argument on THURSDAY, NOVEMBER 08, 2018, at 9:30 A.M.
|
|
Docket Date |
2018-03-08
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Deny EOT (General)-74d ~ The appellants’ motion for extension of time is denied as unnecessary. The initial brief is accepted as filed. The appellees’ motion to dismiss is denied.
|
|
Docket Date |
2018-03-07
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees
|
On Behalf Of |
ROBERT E. DALY
|
|
Docket Date |
2018-03-07
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
ROBERT E. DALY
|
|
Docket Date |
2018-03-07
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Appellant Brief on Merits
|
On Behalf Of |
ROBERT E. DALY
|
|
Docket Date |
2018-03-06
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ APPELLANTS' RESPONSE TO APPELLEE'S MOTION TO DISMISS APPEAL
|
On Behalf Of |
ROBERT E. DALY
|
|
Docket Date |
2018-03-01
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss ~ (contained in response)
|
On Behalf Of |
PHH MORTGAGE CORPORATION
|
|
Docket Date |
2018-03-01
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ RESPONSE IN OPPOSITION TO APPELLANTS' MOTION FOR EXTENSION OF TIME AND MOTION TO DISMISS APPEAL
|
On Behalf Of |
PHH MORTGAGE CORPORATION
|
|
Docket Date |
2018-02-28
|
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 |
ROBERT E. DALY
|
|
Docket Date |
2018-02-12
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ KISER - AMENDED - REDACTED - 645 PAGES
|
|
Docket Date |
2018-02-08
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
grant eot for IB - unlikely ~ Appellants' motion for extension of time is granted, and the initial brief shall be served within 20 days. However, further motions for extension of time are unlikely to receive favorable consideration.
|
|
Docket Date |
2018-02-05
|
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 |
ROBERT E. DALY
|
|
Docket Date |
2018-01-04
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30 - IB due 02/03/18
|
On Behalf Of |
ROBERT E. DALY
|
|
Docket Date |
2017-12-04
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30- IB DUE 01/04/18
|
On Behalf Of |
ROBERT E. DALY
|
|
Docket Date |
2017-11-03
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time
|
Description |
Stipulation for Extension of Time ~ 30- IB DUE 12/03/17
|
On Behalf Of |
ROBERT E. DALY
|
|
Docket Date |
2017-09-20
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ KISER - REDACTED - 645 PAGES
|
|
Docket Date |
2017-09-05
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
PHH MORTGAGE CORPORATION
|
|
Docket Date |
2017-09-05
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter 1
|
|
Docket Date |
2017-08-29
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2017-08-29
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
ROBERT E. DALY
|
|
Docket Date |
2019-07-10
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2019-06-12
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed
|
|
Docket Date |
2019-06-12
|
Type |
Order
|
Subtype |
Order
|
Description |
Miscellaneous Order ~ Appellee's request to proceed with appeal is granted. Appellee filed a motion for appellate attorneys' fees, pursuant to paragraph 6(c) of the promissory note ("If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law") and paragraph 22 of the mortgage ("Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited to, reasonable attorneys' fees . . . ."). The request for attorney's fees is remanded to the trial court; if the Appellee establishes its entitlement thereto, the trial court is authorized to award Appellee all of the reasonable appellate attorney's fees it incurred. The motion for appellate attorney's fees filed by Appellant pursuant to section 57.105(7), Florida Statutes, is denied.
|
|
Docket Date |
2018-10-22
|
Type |
Order
|
Subtype |
Order re Stay
|
Description |
bankruptcy stay ~ This court is prevented from any action in this appeal due to the stay imposed by the October 12, 2018, order entered by the United States Bankruptcy Court, Middle District of Florida, in case 8:18-bk-08436-RCT, unless the Trustee executes a consent or a party otherwise receives stay relief from the bankruptcy court which at this time has jurisdiction. The November 8, 2018, oral argument in this case is canceled. It is ORDERED that the bankruptcy trustee shall, and the parties may, inform this court when the bankruptcy court grants relief from the stay or file a status report by November 16, 2018, whichever occurs first. The status report shall be served on all parties as required by Florida Rule of Judicial Administration 2.516(a).
|
|
Docket Date |
2018-09-24
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion To Withdraw as Counsel
|
Description |
Motion To Withdraw as Counsel
|
On Behalf Of |
ROBERT E. DALY
|
|
Docket Date |
2018-06-04
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
Description |
grant eot for reply brief - unlikely ~ Appellants’ motion for extension of time is granted, and the reply brief shall be served within 30 days. However, further motions for extension of time are unlikely to receive favorable consideration.
|
|
|
JUNIOR GRANT VS PHH MORTGAGE CORPORATION AND MICHELLE B. GRANT
|
5D2017-2682
|
2017-08-22
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
5th District Court of Appeal
|
Originating Court |
Circuit Court for the Fifth Judicial Circuit, Marion County
2012-CA-003593
|
Parties
Name |
JUNIOR GRANT
|
Role |
Appellant
|
Status |
Active
|
|
Name |
PHH MORTGAGE CORPORATION
|
Role |
Appellee
|
Status |
Active
|
Representations |
MICHAEL J. LABBEE, J. Kirby McDonough, Mindy Datz
|
|
Name |
MICHELLE B. GRANT
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Hon. Edward Scott
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk Marion
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2018-08-13
|
Type |
Record
|
Subtype |
Returned Records
|
Description |
Returned Records ~ NO RECORD EFILED
|
|
Docket Date |
2018-08-13
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2018-07-24
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed ~ PCA
|
|
Docket Date |
2018-07-19
|
Type |
Order
|
Subtype |
Order Dispensing with Oral Argument
|
Description |
ORD-DISPENSING ORAL ARGUMENT ~ 9/18 OA CANCELED
|
|
Docket Date |
2018-06-04
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ OF WITHDRAWAL
|
On Behalf Of |
JUNIOR GRANT
|
|
Docket Date |
2018-05-11
|
Type |
Notice
|
Subtype |
Notice of Oral Argument
|
Description |
NOTICE OF ORAL ARGUMENT
|
|
Docket Date |
2018-04-02
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
JUNIOR GRANT
|
|
Docket Date |
2018-03-29
|
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 |
JUNIOR GRANT
|
|
Docket Date |
2018-03-29
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
Description |
Order Grant EOT Reply Brief ~ TO 4/2
|
|
Docket Date |
2018-03-09
|
Type |
Order
|
Subtype |
Order Discharging Show Cause Order
|
Description |
ORD-Discharging Show Cause
|
|
Docket Date |
2018-03-09
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ (1ST) 22 PAGES
|
On Behalf Of |
Clerk Marion
|
|
Docket Date |
2018-03-07
|
Type |
Order
|
Subtype |
Show Cause for Brief or Record on Appeal
|
Description |
ORD-Show Cause Supplemental Record ~ AA W/I 10 DAYS; DISCHARGED 3/9
|
|
Docket Date |
2018-03-05
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
Description |
Order Grant EOT Reply Brief ~ TO 3/30
|
|
Docket Date |
2018-03-04
|
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 |
JUNIOR GRANT
|
|
Docket Date |
2018-02-13
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
Order Granting Motion to Supplement the Record ~ TO 2/28
|
|
Docket Date |
2018-02-12
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
JUNIOR GRANT
|
|
Docket Date |
2018-02-12
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion To File Supplemental Record
|
On Behalf Of |
JUNIOR GRANT
|
|
Docket Date |
2018-02-12
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
PHH Mortgage Corporation
|
|
Docket Date |
2018-02-09
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ TO 2/12
|
On Behalf Of |
PHH Mortgage Corporation
|
|
Docket Date |
2018-02-05
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Notice of Agreed Extension - Answer Brief ~ TO 2/9
|
On Behalf Of |
PHH Mortgage Corporation
|
|
Docket Date |
2018-01-16
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits
|
On Behalf Of |
JUNIOR GRANT
|
|
Docket Date |
2017-12-15
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
Description |
Order Grant EOT for Initial Brief ~ TO 1/16/18
|
|
Docket Date |
2017-12-05
|
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 |
JUNIOR GRANT
|
|
Docket Date |
2017-11-15
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 269 PAGES
|
On Behalf Of |
Clerk Marion
|
|
Docket Date |
2017-10-02
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ TO OBJECTION TO MOT EOT FOR FILING FEE
|
On Behalf Of |
JUNIOR GRANT
|
|
Docket Date |
2017-09-26
|
Type |
Order
|
Subtype |
Order Declining Referral to Mediation
|
Description |
ORD- Declining Referral to Mediation ~ IB W/IN 70 DAYS
|
|
Docket Date |
2017-09-22
|
Type |
Response
|
Subtype |
Objection
|
Description |
OBJECTION ~ TO 9/20 MOT EOT
|
On Behalf Of |
PHH Mortgage Corporation
|
|
Docket Date |
2017-09-22
|
Type |
Mediation
|
Subtype |
Confidential Statement
|
Description |
Confidential Statement ~ AE J KIRBY MCDONOUGH 0079031
|
On Behalf Of |
PHH Mortgage Corporation
|
|
Docket Date |
2017-09-22
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time
|
Description |
Deny Extension of Time ~ FILING FEE W/IN 5 DAYS
|
|
Docket Date |
2017-09-20
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time
|
Description |
Motion for Extension of Time
|
On Behalf Of |
JUNIOR GRANT
|
|
Docket Date |
2017-09-06
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
PHH Mortgage Corporation
|
|
Docket Date |
2017-08-31
|
Type |
Mediation
|
Subtype |
Mediation Questionnaire
|
Description |
Mediation Questionnaire ~ AA KELLEY A BOSECKER 0443931
|
On Behalf Of |
JUNIOR GRANT
|
|
Docket Date |
2017-08-22
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2017-08-22
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ FILED BELOW 8/21/17
|
On Behalf Of |
JUNIOR GRANT
|
|
Docket Date |
2017-08-22
|
Type |
Order
|
Subtype |
Mediation Letter to LT
|
Description |
Mediation Letter to L.T.
|
|
Docket Date |
2017-08-22
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgement Letter 1
|
|
|
PHH MORTGAGE CORPORATION VS ERIC V. SCHREIBER
|
5D2016-3705
|
2016-10-31
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
5th District Court of Appeal
|
Originating Court |
Circuit Court for the Fifth Judicial Circuit, Citrus County
2010-CA-002617
|
Parties
Name |
PHH MORTGAGE CORPORATION
|
Role |
Appellant
|
Status |
Active
|
Representations |
CHRISTINE IRWIN PARRISH, Gennifer L. Bridges
|
|
Name |
Eric V. Schreiber
|
Role |
Appellee
|
Status |
Active
|
Representations |
ROSS S. FELSHER, MICHAEL ALEX WASYLIK
|
|
Name |
Hon. Mark J Yerman
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk Citrus
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2018-02-26
|
Type |
Mandate
|
Subtype |
Mandate
|
Description |
Mandate
|
|
Docket Date |
2018-02-26
|
Type |
Record
|
Subtype |
Returned Records
|
Description |
Returned Records ~ NO RECORD EFILED
|
|
Docket Date |
2018-02-06
|
Type |
Order
|
Subtype |
Order on Motion For Attorney's Fees
|
Description |
Order Granting Attorney's Fees ~ AA'S 3/6 MOT FOR ATTYS FEES IS DENIED
|
|
Docket Date |
2018-02-06
|
Type |
Disposition by Opinion
|
Subtype |
Affirmed
|
Description |
Affirmed - Per Curiam Affirmed ~ PCA
|
|
Docket Date |
2018-02-01
|
Type |
Order
|
Subtype |
Order Dispensing with Oral Argument
|
Description |
ORD-DISPENSING ORAL ARGUMENT
|
|
Docket Date |
2017-12-26
|
Type |
Notice
|
Subtype |
Notice of Oral Argument
|
Description |
NOTICE OF ORAL ARGUMENT ~ **CORRECTED**
|
|
Docket Date |
2017-12-01
|
Type |
Notice
|
Subtype |
Notice of Oral Argument
|
Description |
NOTICE OF ORAL ARGUMENT
|
|
Docket Date |
2017-10-23
|
Type |
Brief
|
Subtype |
Reply Brief
|
Description |
Appellant's Reply Brief
|
On Behalf Of |
PHH Mortgage Corporation
|
|
Docket Date |
2017-10-13
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ (3RD) 16 PAGES
|
On Behalf Of |
Clerk Citrus
|
|
Docket Date |
2017-10-10
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
Order Granting Motion to Supplement the Record ~ TO 10/19
|
|
Docket Date |
2017-10-09
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion To File Supplemental Record
|
On Behalf Of |
PHH Mortgage Corporation
|
|
Docket Date |
2017-09-27
|
Type |
Brief
|
Subtype |
Answer Brief
|
Description |
Appellee's Answer Brief
|
On Behalf Of |
Eric V. Schreiber
|
|
Docket Date |
2017-09-14
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ (2nd) 135 PGS. EFILED
|
On Behalf Of |
Clerk Citrus
|
|
Docket Date |
2017-09-05
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
Order Granting Motion to Supplement the Record ~ TO 9/15; AB W/IN 10 DAYS OF SROA
|
|
Docket Date |
2017-08-22
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion To File Supplemental Record
|
On Behalf Of |
Eric V. Schreiber
|
|
Docket Date |
2017-08-21
|
Type |
Motions Relating to Oral Argument
|
Subtype |
Motion/Request for Oral Argument
|
Description |
Request for Oral Argument
|
On Behalf Of |
Eric V. Schreiber
|
|
Docket Date |
2017-08-21
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ FOR MERIT PANEL CONSIDERATION
|
On Behalf Of |
Eric V. Schreiber
|
|
Docket Date |
2017-08-03
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to Serve Answer Brief
|
Description |
Mot. for Extensio of time to file Answer Brief
|
On Behalf Of |
Eric V. Schreiber
|
|
Docket Date |
2017-08-03
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
Description |
Order Grant EOT for Answer Brief ~ TO 8/21
|
|
Docket Date |
2017-06-23
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ AGREED MOT EOT FOR ANS BRF TO 7/22
|
On Behalf Of |
Eric V. Schreiber
|
|
Docket Date |
2017-05-24
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ AGREED EOT TO FILE ANS BRF TO 6/22
|
On Behalf Of |
Eric V. Schreiber
|
|
Docket Date |
2017-05-01
|
Type |
Brief
|
Subtype |
Amended Initial Brief
|
Description |
Amended Appellant's Initial Brief
|
On Behalf Of |
PHH Mortgage Corporation
|
|
Docket Date |
2017-04-11
|
Type |
Order
|
Subtype |
Order on Motion To Strike
|
Description |
ORD-Grant Motion to Strike ~ 3/6 IB STRICKEN. AMENDED IB DUE BY 5/1.
|
|
Docket Date |
2017-04-06
|
Type |
Response
|
Subtype |
Response
|
Description |
RESPONSE ~ PER 3/28 ORDER TO MOT STRIKE
|
On Behalf Of |
PHH Mortgage Corporation
|
|
Docket Date |
2017-03-28
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-To File Response ~ W/IN 10 DAYS
|
|
Docket Date |
2017-03-27
|
Type |
Motions Other
|
Subtype |
Motion To Strike
|
Description |
Motion To Strike
|
On Behalf Of |
Eric V. Schreiber
|
|
Docket Date |
2017-03-09
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ (1ST) 1 VOL. EFILED (11 PGS.)
|
On Behalf Of |
Clerk Citrus
|
|
Docket Date |
2017-03-08
|
Type |
Order
|
Subtype |
Order on Motion to Supplement Record
|
Description |
Order Granting Motion to Supplement the Record
|
|
Docket Date |
2017-03-08
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion To File Supplemental Record
|
On Behalf Of |
PHH Mortgage Corporation
|
|
Docket Date |
2017-03-06
|
Type |
Motions Relating to Attorney Fees/Costs
|
Subtype |
Motion For Attorney's Fees
|
Description |
Motion For Attorney's Fees ~ DENIED PER 2/6 ORDER
|
On Behalf Of |
PHH Mortgage Corporation
|
|
Docket Date |
2017-03-06
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits ~ ***STRICKEN PER 4/11 ORDER***
|
On Behalf Of |
PHH Mortgage Corporation
|
|
Docket Date |
2017-02-27
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ AGREED EOT TO FILE INIT BRF TO 3/6
|
On Behalf Of |
PHH Mortgage Corporation
|
|
Docket Date |
2017-02-08
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ AGREED EOT TO FILE INIT BRF TO 2/27
|
On Behalf Of |
PHH Mortgage Corporation
|
|
Docket Date |
2017-01-26
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 1 VOL EFILED (449 PAGES)
|
On Behalf Of |
Clerk Citrus
|
|
Docket Date |
2016-12-05
|
Type |
Order
|
Subtype |
Order Declining Referral to Mediation
|
Description |
ORD- Declining Referral to Mediation
|
|
Docket Date |
2016-11-10
|
Type |
Mediation
|
Subtype |
Confidential Statement
|
Description |
Confidential Statement ~ AA CHRISTINE IRWIN PARRISH 0014404
|
On Behalf Of |
PHH Mortgage Corporation
|
|
Docket Date |
2016-10-31
|
Type |
Mediation
|
Subtype |
Other
|
Description |
Mediation Packet
|
|
Docket Date |
2016-10-31
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2016-10-31
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed ~ FILED BELOW 10/27/16
|
On Behalf Of |
PHH Mortgage Corporation
|
|
Docket Date |
2016-10-31
|
Type |
Order
|
Subtype |
Mediation Letter to LT
|
Description |
Mediation Letter to L.T.
|
|
Docket Date |
2016-10-31
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgement Letter 1
|
|
|