| Classification |
NOA Final - County Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
County Court for the Seventeenth Judicial Circuit, Broward County
COWE01004281
|
Parties
| Name |
Karlene S. Parker
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FINANCIAL ASSET RECOVERY CORP.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PATRICK'S CUSTOM PAINTING, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FIRST SELECT INC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Aaron F. Miller, Hugh Brett Shafritz, Kevin H. Fabrikant
|
|
| Name |
Hon. Olga Gonzalez-Levine
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Steven J. Levin
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-05-27
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-05-27
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-05-05
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2022-02-17
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **AMENDED**
|
| On Behalf Of |
First Select, Inc.
|
|
| Docket Date |
2022-02-15
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
First Select, Inc.
|
|
| Docket Date |
2022-02-15
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ ***STRICKEN 2/17/22***
|
| On Behalf Of |
First Select, Inc.
|
|
| Docket Date |
2022-02-01
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's January 26, 2022 motion for extension of time is granted, and appellee shall serve the answer brief within fifteen (15) days from the date of this order. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2022-01-28
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 320 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-01-26
|
| 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 |
First Select, Inc.
|
|
| Docket Date |
2022-01-25
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
First Select, Inc.
|
|
| Docket Date |
2022-01-25
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellee's appendix to the answer brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, and was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index. An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2022-01-24
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellee's appendix to the answer brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and contains bookmarks which are not in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2021-12-28
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Denying Aplee's Motion to Dismiss ~ ORDERED that appellee's December 27, 2021 motion to dismiss appeal is denied as moot.
|
|
| Docket Date |
2021-12-27
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Karlene S. Parker
|
|
| Docket Date |
2021-12-27
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
First Select, Inc.
|
|
| Docket Date |
2021-12-27
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
First Select, Inc.
|
|
| Docket Date |
2021-12-27
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Karlene S. Parker
|
|
| Docket Date |
2021-12-15
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
First Select, Inc.
|
|
| Docket Date |
2021-12-15
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
First Select, Inc.
|
|
| Docket Date |
2021-12-13
|
| Type |
Order
|
| Subtype |
Show Cause re Bankruptcy
|
| Description |
Order on Suggestion of Bankruptcy ~ ORDERED that, upon consideration of appellant’s November 12, 2021 jurisdictional brief and appellee’s November 22, 2021 response, this appeal shall proceed. Further, a suggestion of bankruptcy having been filed, it is ORDERED that all parties from the date of this order shall show cause in writing, if any there be, within twenty (20) days from the date of this order, why the entire above–styled appeal should not be stayed by virtue of 11 U.S.C. § 362. If a party believes that no such cause exists, that party need not file a response.
|
|
| Docket Date |
2021-12-02
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-11-22
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
First Select, Inc.
|
|
| Docket Date |
2021-11-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO JURISDICTIONAL BRIEF
|
| On Behalf Of |
First Select, Inc.
|
|
| Docket Date |
2021-11-15
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ *AMENDED*
|
| On Behalf Of |
Karlene S. Parker
|
|
| Docket Date |
2021-11-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's November 15, 2021 motion for extension of time is granted, and appellant shall serve the initial brief within forty-five (45) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2021-11-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ *AMENDED MOTION FILED*
|
| On Behalf Of |
Karlene S. Parker
|
|
| Docket Date |
2021-11-12
|
| Type |
Brief
|
| Subtype |
Jurisdictional Brief
|
| Description |
Jurisdictional Brief
|
| On Behalf Of |
Karlene S. Parker
|
|
| Docket Date |
2021-11-09
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-10-28
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-10-28
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2021-10-28
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Karlene S. Parker
|
|
| Docket Date |
2022-01-21
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ FINANCIAL ASSET RECOVERY CORP'S
|
| On Behalf Of |
First Select, Inc.
|
|
| Docket Date |
2022-01-21
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ ***STRICKEN 1/24/22***
|
| On Behalf Of |
First Select, Inc.
|
|
| Docket Date |
2022-01-18
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Karlene S. Parker
|
|
| Docket Date |
2022-02-17
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellee's appendix to the answer brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.220(c), which was amended effective October 1, 2017, in that it was not properly indexed and consecutively paginated, beginning with the cover sheet as page 1, was not completely text searchable, was not paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and contains bookmarks which are not in compliance with Rule 9.220(c)(3). An amended appendix in compliance with Rule 9.220(c) shall be filed within two (2) days from the date of this order.
|
|
| Docket Date |
2022-01-24
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ ***STRICKEN 1/25/22*****AMENDED**
|
| On Behalf Of |
First Select, Inc.
|
|
| Docket Date |
2022-01-12
|
| Type |
Order
|
| Subtype |
Order to File Status Report
|
| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Affidavit of Non-Payment of Appeal Invoice filed by the clerk of the lower tribunal on December 2, 2021, it isORDERED that appellant shall file a report, within five (5) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
|
|
| Docket Date |
2022-01-10
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-Sua Sponte ~ ORDERED sua sponte that the above styled appeal shall proceed.
|
|
| Docket Date |
2021-12-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
First Select, Inc.
|
|
| Docket Date |
2021-11-01
|
| 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's August 3, 2021 amended verified motion for relief from judgment and order pursuant to Rule 1.540(b) and motion to vacate sheriff's sale nunc pro tunc was timely and authorized. See Fla. R. Civ. P. 1.540(b); Fla. R. App. P. 9.130(a)(5). Further,Appellee may file a response within ten (10) days of service of that statement.
|
|
| Docket Date |
2021-10-28
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se 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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes, is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, 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 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.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the clerk of the lower tribunal within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The clerk of the lower tribunal shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**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.
|
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Twentieth Judicial Circuit, Collier County
112013CA0032250001XX
Circuit Court for the Twentieth Judicial Circuit, Collier County
2D18-2990
|
Parties
| Name |
ASPHALT MILLING SERVICES, INC.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Ben R. Hetfeld, Robin F. Hazel
|
|
| Name |
PATRICK'S CUSTOM PAINTING, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Robert David Friedman
|
|
| Name |
CERTIFIED DIESEL REPAIR, INC.
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Raymond Leon Bass Jr.
|
|
| Name |
Hon. FREDERICK ROBERT HARDT
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Crystal K. Kinzel
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
Hon. Mary Beth Kuenzel
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-08-21
|
| Type |
Disposition
|
| Subtype |
Rev/Appeal Dism No Juris Omnibus
|
| Description |
DISP-REV/APPEAL DISM NO JURIS OMNIBUS ~ This case is hereby dismissed. This Court lacks jurisdiction to review an unelaborated decision from a district court of appeal that is issued without opinion or explanation or that merely cites to an authority that is not a case pending review in, or reversed or quashed by, this Court. See Wells v. State, 132 So. 3d 1110 (Fla. 2014); Jackson v. State, 926 So. 2d 1262 (Fla. 2006); Gandy v. State, 846 So. 2d 1141 (Fla. 2003); Stallworth v. Moore, 827 So. 2d 974 (Fla. 2002); Harrison v. Hyster Co., 515 So. 2d 1279 (Fla. 1987); Dodi Publ'g Co. v. Editorial Am. S.A., 385 So. 2d 1369 (Fla. 1980); Jenkins v. State, 385 So. 2d 1356 (Fla. 1980). No motion for rehearing or reinstatement will be entertained by the Court.
|
|
| Docket Date |
2019-08-13
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT) ~ Filed as a "Notice of Appeal" & treated as a Notice - Discretionary Jurisdiction
|
| On Behalf Of |
Asphalt Milling Services, Inc.
|
| View |
View File
|
|
| Docket Date |
2019-08-13
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
DM:Case Dismissed
|
|
|
