Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 14020953
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Parties
Name |
JEAN KENDY FRANCOIS
|
Role |
Appellant
|
Status |
Active
|
|
Name |
AJANA LOUIS
|
Role |
Appellant
|
Status |
Active
|
|
Name |
U.S. BANK NAT'L. ASSOC.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Steven Weitz, Sarah Todd Weitz, ELIZABETH R. WELLBORN
|
|
Name |
ELIZABETH WELLBORN, P.A.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
SELECT PORTFOLIO, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2016-06-15
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge
|
|
Docket Date |
2016-06-15
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORD-Sua Sponte Dismissed as Untimely ~ ORDERED that appellee's May 23, 2016 motion for relief from stay is granted. Further ORDERED sua sponte that this appeal is dismissed. The final judgment of foreclosure was rendered on September 8, 2015, and the notice of appeal was not filed until October 9, 2015, so 31 days after the rendition of the judgment. Thus, the appeal is untimely and this court lacks jurisdiction over it.GROSS, MAY and KLINGENSMITH, JJ., concur.
|
|
Docket Date |
2016-05-23
|
Type |
Motions Other
|
Subtype |
Miscellaneous Motion
|
Description |
Miscellaneous Motion ~ FOR RELIEF FROM THE DECEMBER 14, 2015 ORDER STAYING APPEAL
|
On Behalf Of |
U.S. BANK NAT'L. ASSOC.
|
|
Docket Date |
2016-04-06
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Order to Show Cause ~ RE: TIMELINESS
|
On Behalf Of |
AJANA LOUIS
|
|
Docket Date |
2016-03-23
|
Type |
Response
|
Subtype |
Response
|
Description |
Response
|
On Behalf Of |
U.S. BANK NAT'L. ASSOC.
|
|
Docket Date |
2016-03-21
|
Type |
Order
|
Subtype |
Order to File Status Report
|
Description |
Order to File Status Report ~ ORDERED that the Sarah T. Weitz, Esq. is directed to file a status report within ten (10) days from the date of this order regarding the bankruptcy proceedings.
|
|
Docket Date |
2016-01-08
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ TWO (2) VOLUMES
|
|
Docket Date |
2015-12-14
|
Type |
Order
|
Subtype |
Order Bankruptcy
|
Description |
ORD-Case Stayed Pending Bankruptcy ~ A suggestion of bankruptcy having been filed, and it appearing that no cause exists as to why the entire above-styled appeal should not be stayed by virtue of 11 U.S.C. § 362, it is ORDERED that:This appeal is stayed. If the bankruptcy case becomes closed, dismissed, or modified to permit this appeal to proceed, then appellant shall promptly, and in no event later than twenty (20) days after the event has occurred, notify this court in writing that this appeal may proceed.Unless this appeal is voluntarily dismissed, appellant, within ninety (90) days from the date of this order, and then every ninety (90) days thereafter, shall notify this court as to the status of the bankruptcy case.
|
|
Docket Date |
2015-11-12
|
Type |
Order
|
Subtype |
Show Cause re Bankruptcy
|
Description |
Order on Suggestion of Bankruptcy ~ A suggestion of bankruptcy having been filed, it is ORDERED that all parties 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 |
2015-11-12
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ CERT. OF SERVICE WITH CORRECT ADDRESS FOR PRO SE
|
On Behalf Of |
U.S. BANK NAT'L. ASSOC.
|
|
Docket Date |
2015-11-05
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ COPY OF APPELLANT'S SUGGESTION OF BANKRUPTCY **CORRECTED CERT. OF SERVICE WITH CORRECT ADDRESS FOR PRO SE FILED 11/12/15**
|
On Behalf Of |
U.S. BANK NAT'L. ASSOC.
|
|
Docket Date |
2015-11-02
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance ~ **CORRECTED CERT. OF SERVICE WITH CORRECT ADDRESS FOR PRO SE FILED 11/12/15**
|
On Behalf Of |
U.S. BANK NAT'L. ASSOC.
|
|
Docket Date |
2015-10-14
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2015-10-14
|
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, 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, 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 the entry 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.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 Circuit Court 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 Circuit Court 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 circuit court clerk's determination of indigent status is filed.
|
|
Docket Date |
2015-10-12
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2015-10-12
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
AJANA LOUIS
|
|
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