|
ANTONIO LOPEZ VS STATE OF FLORIDA
|
4D2019-1187
|
2019-04-25
|
Closed
|
|
| Classification |
NOA Final - Circuit Criminal - 3.801 Summary
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
04-019499CF10A
|
Parties
| Name |
ANTONIO LOPEZ, INC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Attorney General-W.P.B.
|
|
| Name |
Hon. Susan L. Alspector
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-12-06
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2019-11-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that the appellant's October 15, 2019 motion for rehearing is denied.
|
|
| Docket Date |
2019-11-07
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2019-10-15
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing
|
| On Behalf Of |
ANTONIO LOPEZ
|
|
| Docket Date |
2019-09-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellant's September 20, 2019 motion for extension of time is granted in part. The time in which to file a motion for rehearing is extended forty-five (45) days from the date of this order.
|
|
| Docket Date |
2019-09-20
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time
|
| On Behalf Of |
ANTONIO LOPEZ
|
|
| Docket Date |
2019-08-29
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2019-07-01
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
ANTONIO LOPEZ
|
|
| Docket Date |
2019-05-08
|
| 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 May 8, 2019 motion for extension of time is granted, and appellant shall serve the initial brief within sixty (60) 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 |
2019-05-08
|
| 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 |
ANTONIO LOPEZ
|
|
| Docket Date |
2019-04-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-04-25
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Summary Record
|
|
| Docket Date |
2019-04-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF11:No Fee-3.801
|
|
| Docket Date |
2019-04-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
ANTONIO LOPEZ
|
|
|
|
ANTONIO LOPEZ VS STATE OF FLORIDA
|
4D2018-0725
|
2018-03-06
|
Closed
|
|
| Classification |
NOA Final - Circuit Criminal - 3.801 Summary
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
04-19499 CF10A
|
Parties
| Name |
ANTONIO LOPEZ, INC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Attorney General-W.P.B., Rachael Kaiman
|
|
| Name |
Hon. Geoffrey D. Cohen
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-06-29
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2018-06-29
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-06-13
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion
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|
| Docket Date |
2018-04-13
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2018-04-04
|
| Type |
Order
|
| Subtype |
Order to File Response
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| Description |
ORD-Appellee to File Response-3.800 ~ ORDERED that appellee, the State of Florida, shall file a response within twenty (20) days and show cause why the trial court’s order granting in part appellant’s Florida Rule of Criminal Procedure 3.801 motion should not be reversed and remanded for further proceedings. Cadet v. State, 43 Fla. L. Weekly D225 (Fla. 3d DCA Jan. 24, 2018). The State shall address whether the trial court should be directed to strike appellant’s motion as facially insufficient with leave to amend. Fla. R. Crim. P. 3.801(e); Fla. R. Crim. P. 3.850(f)(2). Appellant’s motion lacks information required by the rule as it does not clearly set forth the date and locations of incarceration; nor does it state whether criminal charges were pending at the time of these incarceration periods, and if so, the location, case number and resolution of the charges. See Fla. R. Crim. P. 3.801(c). Appellant merely refers to various “VOP holds” without explanation of whether Appellant was served with a VOP warrant or whether any new charges were the basis for revocation in this case; further, ORDERED that appellant may reply within twenty (20) days of service of the response.
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| Docket Date |
2018-03-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2018-03-06
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Summary Record
|
|
| Docket Date |
2018-03-06
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ GRANTED BELATED APPEAL 17-3579
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| On Behalf Of |
ANTONIO LOPEZ
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|
| Docket Date |
2018-03-06
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| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ (FILED 3/01/18)
|
| On Behalf Of |
ANTONIO LOPEZ
|
|
| Docket Date |
2018-03-06
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF11:No Fee-3.801
|
|
|
|
ANTONIO LOPEZ VS STATE OF FLORIDA
|
4D2017-3579
|
2017-11-20
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Criminal - Belated Appeal
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
04-19499 CF10A
|
Parties
| Name |
ANTONIO LOPEZ, INC
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
STATE OF FLORIDA LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Rachael Kaiman, Attorney General-W.P.B.
|
|
| Name |
Hon. Jack B. Tuter
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Geoffrey D. Cohen
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Dennis D. Bailey
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-03-01
|
| Type |
Disposition
|
| Subtype |
Granted
|
| Description |
Granted - Order by Judge
|
|
| Docket Date |
2018-03-01
|
| Type |
Disposition by Order
|
| Subtype |
Granted
|
| Description |
Order-Original Proceeding Granted ~ ORDERED that this Court adopts the findings and recommendation of the commissioner’s February 5, 2018 report. The petition for belated appeal is granted. In accordance with Florida Rule of Appellate Procedure 9.141(c)(6)(D), this order shall be filed with the lower tribunal and treated as the notice of appeal for the October 14, 2016 order on petitioner’s motion under Florida Rule of Criminal Procedure 3.801. Upon receipt, the clerk of the lower court shall certify a copy of this order to this court in accordance with Florida Rule of Appellate Procedure 9.040(g). The appeal shall proceed under a new case number, which shall be assigned upon receipt in this court of the certified order.MAY, DAMOORGIAN and CIKLIN, JJ., concur.
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|
| Docket Date |
2018-02-08
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
ORD-From Deputy Commissioner ~ FINDINGS OF COMMISSIONER
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|
| Docket Date |
2018-01-19
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Order
|
| Description |
ORD-FROM CIRCUIT COURT/AGENCY ~ APPOINTING A COMMISSIONER.
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|
| Docket Date |
2018-01-19
|
| Type |
Order
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| Subtype |
Order Appointing Commissioner
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| Description |
ORD-Appoint Circuit Judge as Commissioner ~ ORDERED that the Chief Judge of the Seventeenth Judicial Circuit is directed to appoint a circuit judge as commissioner with directions to make findings of fact as to whether petitioner received the order at issue with sufficient time to file a notice of appeal and to provide a recommendation as to whether a belated appeal should be granted. The commissioner shall file a report and recommendation in this court no later than sixty (60) days from the date of this order. No transcript shall be filed unless required by further order. The parties shall have ten (10) days from receipt of the report to file objections in this court to the commissioner’s findings of fact. If no objections are filed within the time allowed, the commissioner’s findings and recommendation will be adopted by this court.
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| Docket Date |
2017-12-14
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| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2017-12-14
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| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
State of Florida
|
|
| Docket Date |
2017-11-27
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Why Belated Appeal not be Granted ~ ORDERED that respondent, the State of Florida, shall file a response within twenty (20) days and show cause why a belated appeal should not be granted. Petitioner may file a reply within ten (10) days of service of the response.The parties shall discuss whether it is necessary to appoint a commissioner to make factual findings.
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|
| Docket Date |
2017-11-21
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| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Belated Appeal / Acknowledgment letter
|
|
| Docket Date |
2017-11-20
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
ANTONIO LOPEZ
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|
| Docket Date |
2017-11-20
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
NF7:No Fee- Belated Appeal
|
|
| Docket Date |
2017-11-20
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
ANTONIO LOPEZ
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|
|
|
ANTONIO LOPEZ VS CITIMORTGAGE, INC., ETC.
|
4D2013-2020
|
2013-06-08
|
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
502008CA038347
|
Parties
| Name |
ANTONIO LOPEZ, INC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Andrea H. Duenas
|
|
| Name |
CITIMORTGAGE, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
PHELAN HALLINAN, William P. Heller, MICHAEL J. LARSON, Nancy M. Wallace
|
|
| Name |
HON. DIANA LEWIS
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2014-02-07
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed (No Record)
|
|
| Docket Date |
2014-01-02
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
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|
| Docket Date |
2014-01-02
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Grant Voluntary Dismissal (Joint) ~ At the request of the parties, this appeal is dismissed.
|
|
| Docket Date |
2013-12-31
|
| Type |
Motions Other
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| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Motion For Stipulation of Dismissal
|
| On Behalf Of |
ANTONIO LOPEZ
|
|
| Docket Date |
2013-11-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 12/20/13
|
| On Behalf Of |
ANTONIO LOPEZ
|
|
| Docket Date |
2013-10-30
|
| 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 motion filed October 21, 2013, for extension of time is granted, and appellant shall serve the initial brief on or before November 20, 2013. 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 |
2013-10-30
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ WILLIAM P. HELLER AND MICHAEL J. LARSON
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| On Behalf Of |
CitiMortgage, Inc.
|
|
| Docket Date |
2013-10-21
|
| 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 |
ANTONIO LOPEZ
|
|
| Docket Date |
2013-09-20
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ THREE (3) VOLUMES (e)
|
|
| Docket Date |
2013-09-11
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Grant Supplemental ROA & EOT for Brief ~ ORDERED that appellant's motion filed August 16, 2013, to supplement the record and for extension of time is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemented material in this court within twenty (20) days from the date of this order. Appellant shall monitor the supplementation process. Further,ORDERED that appellant shall serve the initial brief within thirty (30) days from receipt of the supplemental record.
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|
| Docket Date |
2013-08-16
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion Supplemental Record & Eot For Brief ~ GRANT -20 DAYS 30 DAYS THEREAFTER FOR THE BRIEF
|
| On Behalf Of |
ANTONIO LOPEZ
|
|
| Docket Date |
2013-07-01
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement ~ AA Andrea H. Duenas 0617849
|
|
| Docket Date |
2013-06-18
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2013-06-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
ANTONIO LOPEZ
|
|
| Docket Date |
2013-06-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
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| Description |
A3:Paid In Full - $300
|
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