Docket Date |
2020-11-23
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Type |
Order
|
Subtype |
Order
|
Description |
ORD-Sua Sponte ~ Upon consideration of appellant’s October 12, 2020 jurisdictional brief and appellee’s October 9, 2020 response, it is ORDERED sua sponte that the court will proceed with the appeal of the “order denying Richard Schmelkin’s Motion to Intervene.” See Market Tampa Investments, LLC v. Stobaugh, 177 So. 3d 31, 32 (Fla. 2d DCA 2015) (explaining that while an order denying a motion to intervene is appealable, the movant lacks standing to appeal the merits of the final judgment of foreclosure). Further,ORDERED sua sponte that the appeal of “Consent Final Judgment of Foreclosure” is dismissed for lack of subject matter jurisdiction. Id. Further,ORDERED that appellant’s October 29, 2020, emergency motion to stay foreclosure sale pending appeal is denied.GROSS, DAMOORGIAN and ARTAU, JJ., concur.
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|
Docket Date |
2020-11-02
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Jade Holdings, LLC
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|
Docket Date |
2020-10-30
|
Type |
Order
|
Subtype |
Order on Request for Emergency Treatment
|
Description |
Denying Request for Emergency Treatment ~ ORDERED that appellant's October 29, 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.
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Docket Date |
2020-10-29
|
Type |
Motions Other
|
Subtype |
Request for Emergency Treatment
|
Description |
Request for Emergency Treatment
|
On Behalf Of |
Richard Schmelkin
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|
Docket Date |
2020-10-29
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix ~ TO EMERGENCY MOTION TO STAY
|
On Behalf Of |
Richard Schmelkin
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|
Docket Date |
2020-10-19
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO APPELLANT, RICHARD SCHMELKIN'S STATEMENT OF JURISDICTION
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On Behalf Of |
Jade Holdings, LLC
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|
Docket Date |
2020-10-12
|
Type |
Brief
|
Subtype |
Jurisdictional Brief
|
Description |
Jurisdictional Brief
|
On Behalf Of |
Richard Schmelkin
|
|
Docket Date |
2020-10-09
|
Type |
Misc. Events
|
Subtype |
Case Filing Fee Paid through Portal
|
Description |
Case Filing Fee Paid Through Portal
|
On Behalf Of |
Richard Schmelkin
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|
Docket Date |
2020-12-02
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 1/7/21.
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|
Docket Date |
2020-12-02
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief
|
On Behalf Of |
Richard Schmelkin
|
|
Docket Date |
2020-11-24
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ 194 PAGES (PAGES 1-186)
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2021-01-27
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
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|
Docket Date |
2021-01-27
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
Order Granting Voluntary Dismissal ~ Pursuant to the January 26, 2021 notice of voluntary dismissal, this case is dismissed. Further, ORDERED that appellant’s January 15, 2021 “motion to correct and supplement the record” is determined to be moot.
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|
Docket Date |
2021-01-26
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal
|
On Behalf Of |
Richard Schmelkin
|
|
Docket Date |
2021-01-15
|
Type |
Motions Relating to Records
|
Subtype |
Motion to Supplement Record
|
Description |
Motion To File Supplemental Record
|
On Behalf Of |
Richard Schmelkin
|
|
Docket Date |
2021-01-15
|
Type |
Record
|
Subtype |
Supplemental Record
|
Description |
Supplemental Records ~ **PROPOSED**
|
On Behalf Of |
Richard Schmelkin
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|
Docket Date |
2021-01-08
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief
|
On Behalf Of |
Richard Schmelkin
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|
Docket Date |
2021-01-08
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
Recognizing Agreed Extension of Time ~ 20 DAYS TO 1/27/21
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|
Docket Date |
2021-01-07
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant's January 6, 2021 second agreed notice of extension of time is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) (“Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font.”). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
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|
Docket Date |
2021-01-06
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief ~ **STRICKEN**
|
On Behalf Of |
Richard Schmelkin
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|
Docket Date |
2020-10-01
|
Type |
Order
|
Subtype |
Order to File Response re Jurisdiction
|
Description |
AA - File Statement for Basis of Jurisdiction ~ 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 appellant has standing to appeal the final judgment of foreclosure when appellant was not a party in the underlying case as decided by the circuit court's denial of appellant's motion to intervene. Market Tampa Investments, LLC v. Stobaugh, 177 So. 3d 31, 32 (Fla. 2d DCA 2015) (explaining that while an order denying a motion to intervene is appealable, the movant lacks standing to appeal the merits of the final judgment of foreclosure); furtherAppellees may file a response within ten (10) days of service of that statement.
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|
Docket Date |
2020-10-01
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
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|
Docket Date |
2020-09-29
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
FP:Fee Paid Through Portal
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|
Docket Date |
2020-09-29
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
Richard Schmelkin
|
|