|
ACTION LOSS MITIGATION, INC. VS THE BANK OF NEW YORK MELLON, et al.
|
4D2017-1679
|
2017-06-06
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502015CA013314XXXXMB
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Parties
| Name |
ACTION LOSS MITIGATION INC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Evan B. Plotka
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PAULO C. LIMA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DARLENE R. LIMA
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
The Bank of New York Mellon, etc.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Shawn Taylor, Deluca Law Group, LLC
|
|
| Name |
ISLE OF SANDALFOOT CONDOMINIUM, INC. 2
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Dina Keever-Agrama
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-09-27
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ ***MOTION GRANTED 9/27/17**
|
| On Behalf Of |
ACTION LOSS MITIGATION, INC.
|
|
| Docket Date |
2018-05-11
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-05-11
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2018-04-19
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2018-01-03
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
ACTION LOSS MITIGATION, INC.
|
|
| Docket Date |
2017-12-19
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
The Bank of New York Mellon, etc.
|
|
| Docket Date |
2017-11-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 35 DAYS TO 12/11/17
|
| On Behalf Of |
The Bank of New York Mellon, etc.
|
|
| Docket Date |
2017-10-17
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 20 DAYS TO 11/6/17.
|
| On Behalf Of |
The Bank of New York Mellon, etc.
|
|
| Docket Date |
2017-09-27
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
ACTION LOSS MITIGATION, INC.
|
|
| Docket Date |
2017-09-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that upon consideration of appellant's August 25, 2017 response, this court's August 17, 2017 order to show cause is discharged; further, ORDERED that appellant's August 25, 2017 motion for extension of time to file initial brief is granted. The initial brief filed September 15, 2017 is deemed filed as of the date of this order; further, ORDERED that the appellant's August 25, 2017 motion to supplement the record on appeal is granted, and the record is supplemented to include the transcript of the trial proceedings. Said supplemental record is deemed filed as of the date of this order.
|
|
| Docket Date |
2017-08-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause ~ AND MOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF
|
| On Behalf Of |
ACTION LOSS MITIGATION, INC.
|
|
| Docket Date |
2017-08-25
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
ACTION LOSS MITIGATION, INC.
|
|
| Docket Date |
2017-08-17
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before August 28, 2017, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2017-08-03
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (993 PAGES)
|
|
| Docket Date |
2017-07-31
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
The Bank of New York Mellon, etc.
|
|
| Docket Date |
2017-06-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2017-06-07
|
| 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.
|
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| Docket Date |
2017-06-06
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
ACTION LOSS MITIGATION, INC.
|
|
| Docket Date |
2017-06-06
|
| Type |
Misc. Events
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| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
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MELANIE MICHAELOV and ACTION LOSS MITIGATION, INC. VS U.S. BANK, NATIONAL ASSOC., ETC., ET AL.
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4D2016-3445
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2016-10-13
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE14-013543 (11)
|
Parties
| Name |
MELANIE MICHAELOV
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Evan B. Plotka
|
|
| Name |
ACTION LOSS MITIGATION INC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
U.S. BANK, NATIONAL ASSOC., ETC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jonathan Meisels, William L. Grimsley, Andrew Arias
|
|
| Name |
TEPORA MICHAELOV
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CYPRESS COVE OF MARGATE, ETC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
MORTGAGE ELECTRONIC REG. SYSTEMS
|
| 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 |
2017-02-28
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2017-02-28
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the February 23, 2017 notice of voluntary dismissal of appeal, this case is dismissed.
|
|
| Docket Date |
2017-02-23
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
MELANIE MICHAELOV
|
|
| Docket Date |
2017-02-21
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellants in the above-styled case are directed to show cause in writing, if any there be, on or before March 3, 2017, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellants' initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2017-01-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that upon consideration of appellants' response filed January 4, 2017, this court's December 28, 2016 order to show cause is discharged; further, ORDERED that appellants' request for extension of time, contained in the response, is granted for thirty (30) days only, and appellants shall serve the initial brief within thirty (30) 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 |
2017-01-04
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
MELANIE MICHAELOV
|
|
| Docket Date |
2016-12-28
|
| Type |
Record
|
| Subtype |
Exhibits
|
| Description |
Received Exhibits
|
|
| Docket Date |
2016-12-28
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ **OTSC DISCHARGED 1/11/17** ORDERED that appellants in the above-styled case are directed to show cause in writing, if any there be, on or before January 7, 2017, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2016-12-15
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ (383 PAGES)
|
|
| Docket Date |
2016-11-07
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
U.S. BANK, NATIONAL ASSOC., ETC.
|
|
| Docket Date |
2016-10-14
|
| 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 |
2016-10-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-10-13
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
MELANIE MICHAELOV
|
|
| Docket Date |
2016-10-13
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
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ANTHONY MATTIA and ACTION LOSS MITIGATION, INC. VS OCWEN LOAN SERVICING, LLC et al.
|
4D2015-2695
|
2015-07-16
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502009CA010091MB
|
Parties
| Name |
ANTHONY MATTIA
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Evan B. Plotka
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ACTION LOSS MITIGATION INC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MORTGAGE ELECTONIC REGIS. SYST
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
DIANA GIBNEY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HOME LOAN FUNDING, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
OCWEN LOAN SERVICING, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
DEBBIE SATYAL, Alen H. Hsu
|
|
| Name |
JULIE CLEVELAND
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GMAC MORTGAGE, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Susan R. Lubitz
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2015-07-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2016-02-16
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2016-02-16
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Grant Voluntary Dismissal (Joint) ~ Pursuant to the parties' February 12, 2016 stipulation for dismissal, this case is dismissed.
|
|
| Docket Date |
2016-02-12
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ (STIPULATION)
|
| On Behalf Of |
ANTHONY MATTIA
|
|
| Docket Date |
2016-02-11
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellants in the above-styled case are directed to show cause in writing, if any there be, on or before February 22, 2016, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellants' initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2015-12-03
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 60 DAYS TO 02/03/15
|
| On Behalf Of |
ANTHONY MATTIA
|
|
| Docket Date |
2015-11-02
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ FOUR (4) VOLUMES
|
|
| Docket Date |
2015-10-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
ORD-Reinstatement ~ ORDERED that the appellants' October 19, 2015 agreed motion for reinstatement is granted, and the above-styled appeal is reinstated. Pursuant to the motion to reinstate the appellants shall serve the initial brief within forty-five (45) days from the date of this order.
|
|
| Docket Date |
2015-10-19
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
ANTHONY MATTIA
|
|
| Docket Date |
2015-10-19
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2015-10-19
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-Lack of Prosecution ~ ORDERED sua sponte that the above-styled case is dismissed for lack of prosecution.
|
|
| Docket Date |
2015-09-29
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ ORDERED that appellants in the above-styled case are directed to show cause in writing, if any there be, on or before October 9, 2015, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellants' initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2015-07-17
|
| 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 |
2015-07-16
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2015-07-16
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ ***Certified Copy***
|
| On Behalf Of |
ANTHONY MATTIA
|
|
| Docket Date |
2015-07-15
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
ANTHONY MATTIA
|
|
|
