|
INLET COLONY, LLC, Appellant(s) v. HOMEPARTNERS TITLE SERVICES, L.L.C., et al., Appellee(s).
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4D2024-3136
|
2024-12-09
|
Open
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502021CA012161
|
Parties
| Name |
INLET COLONY, LLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Tim Breuer Wright, Paul Joseph Parton
|
|
| Name |
HOMEPARTNERS TITLE SERVICES, L.L.C.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Daniel Koleos, Kimberly Koleos Dionisio
|
|
| Name |
FIDELITY NATIONAL TITLE INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Adam Matthew Shonson, Michele A Cavallaro
|
|
| Name |
Rose M Sheehan
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Scott Ryan Kerner
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Palm Beach Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-12-09
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-12-09
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
| On Behalf Of |
Fidelity National Title Insurance Company
|
|
| Docket Date |
2024-12-11
|
| Type |
Miscellaneous Document
|
| Subtype |
Pay Case Filing Fee-300
|
| Description |
Pay Case Filing Fee-300
|
| On Behalf Of |
Inlet Colony, LLC
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| View |
View File
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|
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IHAB ATALLAH and JESSICA ATALLAH, Appellant(s) v. LEE ANTON REBALKO and FIDELITY NATIONAL TITLE INSURANCE COMPANY, Appellee(s).
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4D2023-1708
|
2023-07-13
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE20-004651
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Parties
| Name |
IHAB
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
David W. Langley
|
|
| Name |
Jessica Atallah
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FIDELITY NATIONAL TITLE INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Lee Anton Rebalko
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Michele A. Cavallaro, Mary Ellen R. Himes
|
|
| Name |
Hon. Michael A. Robinson
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-08-02
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-08-02
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-07-11
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2024-05-07
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Reply Brief
|
| On Behalf Of |
IHAB
|
| View |
View File
|
|
| Docket Date |
2024-05-01
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
Order Dispensing with Oral Argument
|
| View |
View File
|
|
| Docket Date |
2024-04-19
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORDERED that Appellants' April 18, 2024 motion for extension of time is granted in part, and Appellants shall serve the reply brief within fifteen (15) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
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| View |
View File
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|
| Docket Date |
2024-04-18
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Motion for Extension of Time to Serve Reply Brief
|
|
| Docket Date |
2024-03-19
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Motion/Request for Oral Argument
|
|
| Docket Date |
2024-03-19
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Answer Brief
|
| On Behalf Of |
Lee Anton Rebalko
|
| View |
View File
|
|
| Docket Date |
2024-02-26
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
30 Days to 03/29/2024
|
|
| Docket Date |
2024-02-26
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief
|
|
| Docket Date |
2024-01-29
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
IHAB
|
| View |
View File
|
|
| Docket Date |
2023-10-30
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing Amended Final Judgment
|
| On Behalf Of |
IHAB
|
|
| Docket Date |
2023-10-16
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
ORDERED that Appellants' October 11, 2023 motion for extension of time is granted, and Appellants shall comply with this court's July 17, 2023 order within thirty (30) days from the date of this order.
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| View |
View File
|
|
| Docket Date |
2023-10-11
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
MOTION FOR AN EXTENSION OF TIME TO COMPLY WITH THE ORDER OF THIS COURT DATED JULY 17, 2023
|
|
| Docket Date |
2023-09-19
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal; 562 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-09-14
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| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF INABILITY TO TRANSMIT THE RECORD
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| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2023-09-08
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant Extension of Time ~ ORDERED that appellants' September 7, 2023 revised response is treated as a motion for extension of time to comply with this court’s July 17, 2023 order and is granted. Appellants shall comply with this court’s July 17, 2023 order within thirty (30) days from the date of this order.
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|
| Docket Date |
2023-09-07
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| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Lee Anton Rebalko
|
|
| Docket Date |
2023-09-07
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| Type |
Response
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| Subtype |
Response
|
| Description |
Response to Order to Show Cause
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| On Behalf Of |
IHAB
|
|
| Docket Date |
2023-08-24
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| Type |
Order
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| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellants' August 23, 2023 response 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 |
2023-08-23
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| Type |
Order
|
| Subtype |
Show Cause re Compliance with Prior Order
|
| Description |
Order to Show Cause-Appeal Dismissal ~ ORDERED that appellants are directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed or other sanctions imposed for failure to comply with this court's July 17, 2023 order requiring appellants to obtain a final order and to file it with this court. If the order is filed within this ten (10) day period, this order to show cause will be considered automatically discharged without further order.
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|
| Docket Date |
2023-08-23
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| Type |
Response
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| Subtype |
Response
|
| Description |
Response to Order to Show Cause ~ **STRICKEN**
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| On Behalf Of |
IHAB
|
|
| Docket Date |
2023-08-15
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
IHAB
|
|
| Docket Date |
2023-07-17
|
| Type |
Order
|
| Subtype |
Order to File Response re Jurisdiction
|
| Description |
Aplnt to Obtain Final Order-Dobrick/BCH ~ It appearing that the order to which the Notice of Appeal is directed is a non-appealable, non-final order, appellant(s) shall have thirty (30) days from the date of this order to obtain a final order and to file a copy in this court. Failure to do so will result in sua sponte dismissal of the appeal. Dobrick v. Discovery Cruises, Inc., 581 So. 2d 645 (Fla. 4th DCA 1991); see also Rust v. Brown, 13 So. 3d 1105, 1107 (Fla. 4th DCA 2009) ("An order merely granting a motion for summary judgment is not a final order because it does not enter judgment for or against a party.").ORDERED that the trial court is specifically authorized, pursuant to Florida Rule of Appellate Procedure 9.600(b), upon appropriate application, to enter a final order in these proceedings.
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| Docket Date |
2023-07-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2023-07-13
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2023-07-13
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
IHAB
|
|
| Docket Date |
2024-01-18
|
| Type |
Order
|
| Subtype |
Show Cause for Brief or Record on Appeal
|
| Description |
ORDERED that Appellants in the above-styled case are directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that Appellants' initial brief has not been filed with this court as of the date of this order. 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.
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| View |
View File
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| Docket Date |
2023-07-14
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| 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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that 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 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. 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 lower tribunal clerk's determination of indigent status is filed.
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GALYN LECHER VS FIDELITY NATIONAL TITLE INSURANCE COMPANY
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2D2022-2383
|
2022-07-25
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
19-CA-1042
|
Parties
| Name |
GALYN LECHER
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
BRYANT H. DUNIVAN, JR., ESQ., ELIZABETH L. HAPNER, ESQ.
|
|
| Name |
FIDELITY NATIONAL TITLE INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ALEXANDER OSTROVSKY, ESQ., MICHELE A. CAVALLARO, ESQ.
|
|
| Name |
HON. EMILY PEACOCK
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-04-26
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2023-04-18
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Remote
|
|
| Docket Date |
2023-05-23
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2023-05-16
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-02-15
|
| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
|
| Description |
OA Notice Video ~ This case is provisionally set for oral argument on TUESDAY, APRIL 18, 2023, at 9:30 A.M., before: Judge Darryl C. Casanueva, Judge Morris Silberman, Judge Matthew C. Lucas. The oral argument will be conducted by video conference. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to sign in by fifteen minutes prior to the time listed above.The panel is subject to change without notice. Should the assigned panel of judges decide that the court will not benefit from oral argument, the attorneys or parties will be notified by order no less than two weeks before the scheduled date. If this is a criminal proceeding where a victim, as defined in article I, section 16(e), Florida Constitution, has invoked their right to notice under article I, section 16(b)(6), the State is directed to provide the victim with notice of this oral argument and of any changes to the scheduled date.Please review the notice regarding oral argument in the Second District Court of Appeal. A copy has been furnished with this order and may also be found on this court’s website.Within ten days from the date of this order, any attorney or party who will be presenting argument is requested to provide the Clerk of the Court with the email address where the video invitation should be sent and a telephone number. This information may be sent by email to 2dcaClerk@flcourts.org. The Clerk of the Court will provide each participant with connection instructions, including the opportunity for a test session, before the argument.
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|
| Docket Date |
2023-01-27
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ The reply brief is stricken. The amended reply brief is accepted as filed.
|
|
| Docket Date |
2023-01-23
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ The initial brief is stricken. The amended initial brief is accepted as filed.
|
|
| Docket Date |
2023-01-20
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Amended Brief Required ~ Florida Rule of Appellate Procedure 9.045 requires the use of Arial 14-point fontor Bookman Old Style 14-point font, and it requires a certificate of compliance toindicate that the document complies with the font and applicable word count limitsspecified in the appellate rules. Appellant’s reply brief• is prepared with the wrong font.• does not contain a certificate of compliance with the word countrequirements in the appellate rules.Appellant shall file an amended brief within ten days from the date of this orderand shall file with the brief a motion to strike the brief previously filed.
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|
| Docket Date |
2023-01-20
|
| Type |
Brief
|
| Subtype |
Amended Reply Brief
|
| Description |
Amended Appellant Reply Brief
|
| On Behalf Of |
GALYN LECHER
|
|
| Docket Date |
2023-01-17
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
GALYN LECHER
|
|
| Docket Date |
2023-01-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
ORDER GRANTING APPELLANT'S REPLY BRIEF ~ Appellant's motion for extension of time is granted, and the reply brief shall beserved by January 17, 2023.
|
|
| Docket Date |
2023-01-04
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
GALYN LECHER
|
|
| Docket Date |
2022-12-19
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
FIDELITY NATIONAL TITLE INSURANCE COMPANY
|
|
| Docket Date |
2022-12-15
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
FIDELITY NATIONAL TITLE INSURANCE COMPANY
|
|
| Docket Date |
2022-11-21
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant Initial Brief
|
| On Behalf Of |
GALYN LECHER
|
|
| Docket Date |
2022-11-18
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Amended Brief Required ~ Florida Rule of Appellate Procedure 9.045 requires the use of Arial 14-point font or Bookman Old Style 14-point font, and it requires a certificate of compliance to indicate that the document complies with the font and applicable word count limits specified in the appellate rules. Appellant’s initial brief •is prepared with the wrong font. •does not contain a certificate of compliance with the word count requirements in the appellate rules. Appellant shall file an amended brief within ten days from the date of this order and shall file with the brief a motion to strike the brief previously filed.
|
|
| Docket Date |
2022-11-16
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
GALYN LECHER
|
|
| Docket Date |
2022-10-13
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ PEACOCK - 704 PAGES - REDACTED
|
|
| Docket Date |
2022-10-13
|
| Type |
Miscellaneous Document
|
| Subtype |
Lower Tribunal Transmittal Cover Sheet
|
| Description |
LOWER TRIBUNAL TRANSMITTAL COVER SHEET ~ REDACTED RECORD - (Amended as to Title Page) PEACOCK - 3 PAGES
|
|
| Docket Date |
2022-10-03
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-GRANT SUPP.REC & EOT F/BRF ~ Appellant's motion for extension of time to file record on appeal and initial brief is granted. The record shall be transmitted to this court within thirty days of the date of this order. Appellant shall serve the initial brief by November 15, 2022.
|
|
| Docket Date |
2022-10-03
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
FIDELITY NATIONAL TITLE INSURANCE COMPANY
|
|
| Docket Date |
2022-09-15
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time for Record & Brief
|
| On Behalf Of |
GALYN LECHER
|
|
| Docket Date |
2022-08-02
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1 ~ AMENDED
|
|
| Docket Date |
2022-08-02
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
GALYN LECHER
|
|
| Docket Date |
2022-08-02
|
| Type |
Misc. Events
|
| Subtype |
Certificate of Service
|
| Description |
Certificate of Service ~ AMENDED CERTIFICATE OF SERVICE
|
| On Behalf Of |
GALYN LECHER
|
|
| Docket Date |
2022-07-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-07-26
|
| Type |
Order
|
| Subtype |
Certificate of Service
|
| Description |
c of s; mailing addresses ~ The notice of appeal that initiated this proceeding does not provide mailing addresses for those served with the notice. Appellant shall within five days submit an amended certificate of service that lists current mailing addresses for all entities served with the notice of appeal.
|
|
| Docket Date |
2022-07-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2022-07-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER
|
| On Behalf Of |
GALYN LECHER
|
|
|
|
FIRST AMERICAN TITLE INSURANCE COMPANY VS CRESTVIEW OF LAKELAND, LLC, ET AL
|
2D2022-0367
|
2022-02-07
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
19-CA-8982
|
Parties
| Name |
FIRST AMERCIAN TITLE INSURANCE COMPANY
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
JACQUELINE F. PEREZ, ESQ., MARTY J. SOLOMON, ESQ.
|
|
| Name |
FIDELITY NATIONAL TITLE INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CRESTVIEW OF LAKELAND, LLC
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
JOHN A. GUYTON, I I I, ESQ., KRISTIN A. NORSE, ESQ., STUART C. MARKMAN, ESQ., Brandon Breslow, Esq.
|
|
| Name |
HON. PAUL L. HUEY
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-06-13
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2022-06-13
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2022-06-13
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDER GRANTING VOLUNTARY DISMISSAL ~ Pursuant to the notice of voluntary dismissal filed herein, this appeal isdismissed.
|
|
| Docket Date |
2022-06-10
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
FIRST AMERCIAN TITLE INSURANCE COMPANY
|
|
| Docket Date |
2022-04-12
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ AGREED NOTICE OF EXTENSION OFTIME TOSERVE INITIAL BRIEF//60 - IB DUE 6/14/22
|
| On Behalf Of |
FIRST AMERCIAN TITLE INSURANCE COMPANY
|
|
| Docket Date |
2022-03-28
|
| Type |
Record
|
| Subtype |
Transcript
|
| Description |
Transcript Received ~ AMENDED TRANSCRIPTS REDACTED - 1001 PAGES
|
| On Behalf Of |
HILLSBOROUGH CLERK
|
|
| Docket Date |
2022-03-23
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ HUEY - REDACTED - 866 PAGES
|
|
| Docket Date |
2022-02-14
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ DESIGNATION TO APPROVED COURT REPORTER, CIVIL COURT REPORTER, OR APPROVED TRANSCRIPTIONIST, AND REPORTER'S OR APPROVED TRANSCRIPTIONIST'S ACKNOWLEDGEMENT
|
| On Behalf Of |
FIRST AMERCIAN TITLE INSURANCE COMPANY
|
|
| Docket Date |
2022-02-10
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ NOTICE OF APPEARANCEOF APPELLATE COUNSEL FOR APPELLEE
|
| On Behalf Of |
CRESTVIEW OF LAKELAND, LLC
|
|
| Docket Date |
2022-02-07
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-02-07
|
| Type |
Order
|
| Subtype |
Show Cause re No Order Appealed
|
| Description |
OSC - no order appealed
|
|
| Docket Date |
2022-02-07
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
| On Behalf Of |
FIRST AMERCIAN TITLE INSURANCE COMPANY
|
|
| Docket Date |
2022-02-07
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
FIRST AMERCIAN TITLE INSURANCE COMPANY
|
|
|
|
GLENN B. WRIGHT, JR. VS FIDELITY NATIONAL TITLE INSURANCE COMPANY, et al.
|
4D2021-2719
|
2021-09-22
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE1023968
|
Parties
| Name |
Glenn B. Wright, Jr.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Bart A. Houston
|
|
| Name |
John J. Smith
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
INDEPENDENT TITLE OF BROWARD COUNTY INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GLENN WRIGHT HOMES (DELRAY) LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FIDELITY NATIONAL TITLE INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Alexander Ostrovsky, Alex F. Arreaza, Rodney Guy Romano, Theodore A. Deckert, Barry Jay Warsch, Jason B. Dubow, Michael E. Stearns, Serena Kay Tibbitt
|
|
| Name |
Margaret Santiago
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. David A. Haimes
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-01-06
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2023-01-06
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-12-15
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2022-05-16
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Fidelity National Title Insurance Company
|
|
| Docket Date |
2022-05-05
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Fidelity National Title Insurance Company
|
|
| Docket Date |
2022-05-05
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 10 DAYS TO 05/16/2022
|
|
| Docket Date |
2022-04-04
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Fidelity National Title Insurance Company
|
|
| Docket Date |
2022-04-04
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 30 DAYS TO 05/04/2022
|
|
| Docket Date |
2022-02-17
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 45 DAYS TO 04/04/2022
|
|
| Docket Date |
2022-02-17
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Fidelity National Title Insurance Company
|
|
| Docket Date |
2022-01-25
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Glenn B. Wright, Jr.
|
|
| Docket Date |
2022-01-24
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellant's appendix to the initial 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 |
2022-01-21
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **STRICKEN**
|
| On Behalf Of |
Glenn B. Wright, Jr.
|
|
| Docket Date |
2022-01-19
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellant's appendix to the initial 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 |
2022-01-18
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief ~ **STRICKEN**
|
| On Behalf Of |
Glenn B. Wright, Jr.
|
|
| Docket Date |
2022-01-18
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Glenn B. Wright, Jr.
|
|
| Docket Date |
2022-01-11
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's January 10, 2022 motion for extension of time is granted, and appellant shall serve the initial brief on or before January 17, 2022. 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 |
2022-01-10
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
|
| Docket Date |
2021-12-28
|
| 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 December 27, 2021 motion for extension of time is granted, and appellant shall serve the initial brief on or before January 10, 2022. 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 |
2021-12-27
|
| 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 |
Glenn B. Wright, Jr.
|
|
| Docket Date |
2021-11-29
|
| Type |
Record
|
| Subtype |
Record on Appeal Confidential
|
| Description |
Confidential Records ~ 1488 PAGES (PAGES 3023-4505)
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-11-23
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 3045 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-11-12
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Glenn B. Wright, Jr.
|
|
| Docket Date |
2021-11-10
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ **STRICKEN**
|
| On Behalf Of |
Glenn B. Wright, Jr.
|
|
| Docket Date |
2021-11-10
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant's November 10, 2021 status report 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.
|
|
| Docket Date |
2021-11-05
|
| 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 October 28, 2021, appellant is ordered to 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 |
2021-10-28
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
|
| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-10-04
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Glenn B. Wright, Jr.
|
|
| Docket Date |
2021-09-22
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Glenn B. Wright, Jr.
|
|
| Docket Date |
2021-09-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-09-22
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-09-22
|
| 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 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 that 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 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. 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 lower tribunal clerk's determination of indigent status is filed.
|
|
|
|
MARIELA ARBELAEZ, et al., VS FIDELITY NATIONAL TITLE INSURANCE COMPANY, etc., et al.,
|
3D2021-1554
|
2021-07-29
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
18-36271
|
Parties
| Name |
JORGE E. ARBELAEZ
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
CONSUELO MONTOYA
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
MARIELA ARBELAEZ
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
FIDELITY NATIONAL TITLE INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ALEXANDER OSTROVSKY
|
|
| Name |
HON. ALAN FINE
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-12-30
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-12-30
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2021-12-10
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Dismissal for Failure to Comply (DA11H) ~ Upon the Court’s own motion, it is ordered that this appeal from the Circuit Court for Miami-Dade County, Florida, is dismissed for failure to comply with this Court’s Order dated November 15, 2021, and with the Florida Rules of Appellate Procedure.
|
|
| Docket Date |
2021-12-10
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2021-11-15
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
AA to file intitial brief w/in 10 days (OR21A) ~ Pursuant to the time schedule provided in the Florida Rules of Appellate Procedure, the time for filing the initial brief has expired. This cause will be subject to dismissal unless the document referred to is filed within ten (10) days from the date of this Order, or within said time the Court is otherwise notified that this matter is being diligently prosecuted.
|
|
| Docket Date |
2021-09-16
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2021-08-24
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2021-08-12
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Stay Denied (OD26) ~ Upon consideration, pro se Appellants’ Emergency Motion to Stay is hereby denied. LINDSEY, MILLER and LOBREE, JJ., concur.
|
|
| Docket Date |
2021-08-11
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ EMERGENCY MOTION TO STAY AND STOP A CONTINUANCE OF THE TRIALPURSUANT FLORIDA RULE OF APPELLATE PROCEDURE 9,310
|
| On Behalf Of |
JORGE E. ARBELAEZ
|
|
| Docket Date |
2021-08-03
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
JORGE E. ARBELAEZ
|
|
| Docket Date |
2021-07-29
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/o atty (OR14C) ~ This is to notify Appellants that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court by cash, cashier’s check, money order, or electronically through the Florida Courts E-Filing Portal on or before August 8, 2021, or unless a certified copy of the application for determination of civil indigent status in which the lower tribunal clerk has determined the appellants to be indigent is received on or before said date.
|
|
| Docket Date |
2021-07-29
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-07-29
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
| Docket Date |
2021-07-29
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ NO MAILING ADDRESSES PROVIDED FOR PRO SE APPELLANTS
|
| On Behalf Of |
JORGE E. ARBELAEZ
|
|
|
|
BANK OF AMERICA, N. A. VS CITY OF ST. PETERSBURG, ET AL.
|
2D2020-0881
|
2020-03-10
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Foreclosure
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pinellas County
2018-CA-8299
|
Parties
| Name |
BANK OF AMERICA, N. A.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
JACQUELINE COSTOYA GUBERMAN, ESQ.
|
|
| Name |
CHARLES MUNSON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
KATHY F. MUNSON
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FIDELITY NATIONAL TITLE INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CITY OF ST. PETERSBURG
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
MATTHEW D. WEIDNER, ESQ., JAMES PATRICK WALSH, ESQ.
|
|
| Name |
HON. LINDA R. ALLAN
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
PINELLAS CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-04-13
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ APPELLANT'S NOTICE OF VOLUNTARY DISMISSAL
|
| On Behalf Of |
BANK OF AMERICA, N. A.
|
|
| Docket Date |
2020-03-16
|
| Type |
Letter-Case
|
| Subtype |
Letter
|
| Description |
Letter
|
|
| Docket Date |
2020-03-10
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2020-03-10
|
| Type |
Order
|
| Subtype |
Nonfinal Appeals
|
| Description |
nonfinal appeal order for initial brief ~ This proceeding is a nonfinal appeal, or an appeal of a specified final order, governed by Florida Rule of Appellate Procedure 9.130. The initial brief and appendix shall be served within 15 days of the date of this order. The appellee(s) shall serve the answer brief(s) within 30 days of service of the initial brief.
|
|
| Docket Date |
2020-03-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER APPEALED
|
| On Behalf Of |
BANK OF AMERICA, N. A.
|
|
| Docket Date |
2020-04-14
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDER GRANTING VOLUNTARY DISMISSAL
|
|
| Docket Date |
2020-04-14
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2020-04-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORDER GRANTING EOT FOR INITIAL BRIEF ~ Appellant's motion for extension of time is granted, and the initial brief shall be served by April 9, 2020.
|
|
| Docket Date |
2020-03-25
|
| 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 |
BANK OF AMERICA, N. A.
|
|
| Docket Date |
2020-03-10
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
| On Behalf Of |
BANK OF AMERICA, N. A.
|
|
|
|
CHAMPION TITLE AND TRUST CORPORATION, et al., VS PLATTE RIVER INSURANCE COMPANY, et al.,
|
3D2017-2085
|
2017-09-21
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
13-37497
|
Parties
| Name |
CHAMPION TITLE AND TRUST CORPORATION
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
ANDREW PAUL KAWEL
|
|
| Name |
DINA MAZUR
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ROBERT D. MAZUR
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PLATTE RIVER INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
JULIE FOX JONES, KENDRICK ALMAGUER, STEVEN V. BLOUNT
|
|
| Name |
FIDELITY NATIONAL TITLE INSURANCE COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Pedro P. Echarte, Jr.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-12-06
|
| Type |
Notice
|
| Subtype |
Voluntary Dismissal
|
| Description |
Voluntary Dismissal Recognized (OG33) ~ ORDERED that appellants’ notice of voluntary dismissal is recognized by the Court, and this appeal from the Circuit Court for Miami-Dade County, Florida is hereby dismissed.
|
|
| Docket Date |
2017-12-06
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2017-12-06
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2017-12-04
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
CHAMPION TITLE AND TRUST CORPORATION
|
|
| Docket Date |
2017-11-16
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
|
| Docket Date |
2017-09-29
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for appellants that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred ($300.00) dollar fee is paid to the Clerk of the Court on or before October 9, 2017.
|
|
| Docket Date |
2017-09-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. ** The $300 filing fee for an appeal is due.
|
|
| Docket Date |
2017-09-21
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
CHAMPION TITLE AND TRUST CORPORATION
|
|
| Docket Date |
2017-09-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
ANDRE AUDIGE, ET AL. VS KEVIN MOORE, ET AL.
|
SC2017-1528
|
2017-08-16
|
Closed
|
|
| Classification |
Discretionary Review - Notice to Invoke - Direct Conflict of Decisions
|
| Court |
Supreme Court of Florida
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
4D17-1670
Circuit Court for the Seventeenth Judicial Circuit, Broward County
062015CA019975AXXXCE
|
Parties
| Name |
Claudette Audige
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
Andre Audige
|
| Role |
Petitioner
|
| Status |
Active
|
|
| Name |
FIDELITY NATIONAL TITLE INSURANCE COMPANY
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
DEUTSCHE BANK NATIONAL TRUST COMPANY
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
BARRY L. ROTHBERG
|
|
| Name |
KEVIN MOORE LLC
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Gary S. Rosner
|
|
| Name |
Jacqueline Moore
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. David Alan Haimes
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Hon. Brenda D. Forman
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-09-22
|
| Type |
Disposition
|
| Subtype |
Dism Failure To Comply
|
| Description |
DISP-DISM FAILURE TO COMPLY ~ The petition for review is hereby dismissed on the Court's own motion based on petitioner's failure to timely file the jurisdictional brief and appendix in accordance with this Court's order dated August 31, 2017. Any and all pending motions are hereby denied as moot.NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.
|
|
| Docket Date |
2017-08-31
|
| Type |
Order
|
| Subtype |
Dismissal re: Failure To Comply
|
| Description |
ORDER-DISMISSAL RE: FAILURE TO COMPLY ~ In reviewing our records, we note that your case is subject to dismissal for failure to comply with this Court's direction. See Fla. R. App. P. 9.410.We have not received the jurisdictional initial brief and appendix in accordance with Florida Rule of Appellate Procedure 9.120(d). Failure to file the above referenced documents with this Court within fifteen days from the date of this order could result in the imposition of sanctions, including dismissal of the petition for review.Please understand that once this case is dismissed, it may not be subject to reinstatement.
|
|
| Docket Date |
2017-08-30
|
| Type |
Event
|
| Subtype |
Fee Paid in Full - $300
|
| Description |
Fee Paid In Full - $300
|
|
| Docket Date |
2017-08-17
|
| Type |
Letter-Case
|
| Subtype |
Acknowledgment Letter-New Case
|
| Description |
ACKNOWLEDGMENT LETTER-NEW CASE
|
|
| Docket Date |
2017-08-17
|
| Type |
Order
|
| Subtype |
Filing Fee Due
|
| Description |
ORDER-FILING FEE DUE ~ The jurisdiction of this Court was invoked by the filing of a Notice to Invoke Discretionary Jurisdiction in the lower tribunal; however, said notice was not accompanied by the $300.00 filing fee or an order of insolvency from the district court of appeal as required by Florida Rules of Appellate Procedure 9.110(b) and 9.120(b). The filing fee is due and payable at the time of filing the notice. Petitioner is allowed to and including September 18, 2017, in which to submit the filing fee, or an order of insolvency, or a proper motion for leave to proceed in forma pauperis that complies with sections 57.081 and 57.082, Florida Statutes (2013). Failure to submit the filing fee or one of the above referenced documents to this Court could result in the imposition of sanctions, including dismissal of the notice.Please understand that once this case is dismissed, it is not subject to reinstatement.
|
|
| Docket Date |
2017-08-16
|
| Type |
Notice
|
| Subtype |
Invoke Discretionary Jurisdiction
|
| Description |
NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT) ~ Filed as "Notice of Appeal to Court of Appeal" & treated as a Notice - Discretionary Jurisdiction
|
| On Behalf Of |
Andre Audige
|
| View |
View File
|
|
| Docket Date |
2017-08-16
|
| Type |
Miscellaneous Document
|
| Subtype |
Lower Tribunal Documents
|
| Description |
LOWER TRIBUNAL DOCUMENTS ~ Order denying motion for rehearing (Rec'd 08/17/2017)
|
| On Behalf Of |
Andre Audige
|
| View |
View File
|
|
| Docket Date |
2017-08-16
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
SPACE COAST CREDIT UNION, ETC. VS PETER GARMAN, et al.
|
4D2017-1361
|
2017-05-09
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Prohibition
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562008CA001778
Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County
562008CA002403
|
Parties
| Name |
SPACE COAST CREDIT UNION, etc.
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Derek J. Angell, Dennis R. O'Connor, Cary A. Lubetsky, IAN J. KUKOFF, Benny A. Ortiz, Moises T. Grayson
|
|
| Name |
NANCY BEATRIZ GONZALEZ
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
GERMAN CARRILLO
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
JUSTO CARRILLO
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
JOSEPH BARNA
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
JR&S LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
ELSA REY
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
MARGARITA AZOY
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
UNIVERSAL SURETY OF AMERICA, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
MERCY HERRERA
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
RICARDO PEDROSA
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
SOUTH FLORIDA PROPERTIES (2), LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
JOSE MARRERO
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
FLAVIA RAMIREZ OPPENHEIM
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Peter Garman
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Tim B. Wright, Steven G. Buchbinder, Victor Kalman Rones, Michele A. Cavallaro, THESSICA ANTRICIA HARRIS, Jeff Tomberg
|
|
| Name |
NOTARY PUBLIC UNDERWRITERS, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
ST. LUCIE LAND INVESTMENTS, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
FIDELITY NATIONAL TITLE INSURANCE COMPANY
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
SOUTH FLORIDA PROPERTIES, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Hon. Janet C. Croom
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - St. Lucie
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-11-29
|
| Type |
Order
|
| Subtype |
Order on Motion for Rehearing
|
| Description |
ORD-Denying Rehearing ~ ORDERED that the appellant's November 9, 2017 amended motion for written opinion is denied.
|
|
| Docket Date |
2017-11-09
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ AMENDED. "MOTION FOR WRITTEN OPINION"
|
| On Behalf Of |
SPACE COAST CREDIT UNION, etc.
|
|
| Docket Date |
2017-11-08
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion for Rehearing
|
| Description |
Motion For Rehearing ~ **AMENDED MOTION FILED** "MOTION FOR WRITTEN OPINION"
|
| On Behalf Of |
SPACE COAST CREDIT UNION, etc.
|
|
| Docket Date |
2017-10-25
|
| Type |
Disposition
|
| Subtype |
Denied
|
| Description |
Denied - Order by Judge
|
|
| Docket Date |
2017-10-24
|
| Type |
Disposition by Order
|
| Subtype |
Denied
|
| Description |
Order Denying Petition for Writ - Prohib. ~ ORDERED that the May 9, 2017 petition for writ of prohibition is denied; further,ORDERED that August 9, 2017 request for oral argument is denied.GERBER, C.J., CIKLIN and KUNTZ, JJ., concur.
|
|
| Docket Date |
2017-08-09
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
SPACE COAST CREDIT UNION, etc.
|
|
| Docket Date |
2017-08-09
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response
|
| On Behalf Of |
SPACE COAST CREDIT UNION, etc.
|
|
| Docket Date |
2017-08-04
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Stricken ~ ORDERED, on the Court’s own motion, that respondent’s August 3, 2017 motion for sanctions is stricken for failure to comply with the requirements of Florida Rule of Appellate Procedure 9.410(b).
|
|
| Docket Date |
2017-08-03
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ MOTION FOR SANCTIONS.
|
| On Behalf Of |
Peter Garman
|
|
| Docket Date |
2017-08-03
|
| Type |
Motions Other
|
| Subtype |
Motion for Sanctions
|
| Description |
Motion for sanctions ~ **STRICKEN**
|
| On Behalf Of |
Peter Garman
|
|
| Docket Date |
2017-07-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Reply to Response
|
| Description |
Grant EOT to Reply to Response ~ ORDERED that petitioner's “agreed motion for extension of time to reply to response to petition for a writ of prohibition,” filed by attorney Derek J. Angell at 3:32 P.M. on July 7, 2017, is granted, and petitioner shall serve the reply on or before August 9, 2017. In addition, if the reply is served after the time provided for in this order, it may be stricken; further, ORDERED that petitioner’s “motion for extension of time to reply to response to petition for a writ of prohibition,” filed by attorney Ian J. Kukoff at 5:57 P.M. on July 7, 2017, is denied as moot.
|
|
| Docket Date |
2017-07-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
SPACE COAST CREDIT UNION, etc.
|
|
| Docket Date |
2017-06-28
|
| Type |
Record
|
| Subtype |
Appendix to Response
|
| Description |
Appendix to Response
|
| On Behalf Of |
Peter Garman
|
|
| Docket Date |
2017-06-28
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause
|
| On Behalf Of |
Peter Garman
|
|
| Docket Date |
2017-06-08
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay filing fee-Notice Joinder-10 days ~ The $295.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Joinder as required by section 35.22(2)(b), Florida Statutes (2016). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PROCEEDING IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, Space Coast Credit Union, shall pay the $295.00 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/striking of the notice of joinder 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 joinder has a duty to tender the filing fee to the appellate court when the notice 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 Florida Department of Financial Services for collection.
|
|
| Docket Date |
2017-06-05
|
| Type |
Notice
|
| Subtype |
Notice of Joinder in Filing
|
| Description |
Notice of Joinder
|
| On Behalf Of |
SPACE COAST CREDIT UNION, etc.
|
|
| Docket Date |
2017-06-05
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
Peter Garman
|
|
| Docket Date |
2017-05-17
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Grant Stay ~ ORDERED that petitioner’s May 11, 2017 motion for stay pending review is granted. The proceedings below are stayed pending the outcome of this petition; further, ORDERED that within twenty (20) days of this order respondent shall file a response and show cause why the petition should not be granted. Petitioner may file a reply within ten (10) days thereafter.
|
|
| Docket Date |
2017-05-11
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ SUPPLEMENTAL.
|
| On Behalf Of |
SPACE COAST CREDIT UNION, etc.
|
|
| Docket Date |
2017-05-11
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay
|
| On Behalf Of |
SPACE COAST CREDIT UNION, etc.
|
|
| Docket Date |
2017-05-09
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Prohibition / Acknowledgment letter
|
|
| Docket Date |
2017-05-09
|
| Type |
Petition
|
| Subtype |
Petition
|
| Description |
Petition Filed
|
| On Behalf Of |
SPACE COAST CREDIT UNION, etc.
|
|
| Docket Date |
2017-05-09
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
SPACE COAST CREDIT UNION, etc.
|
|
| Docket Date |
2017-05-09
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Original Proceeding ~ The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes, did not accompany the petition as required in Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED.ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes, must be filed 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. The attorney filing the petition has a duty to tender the filing fee to the appellate court when the petition 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: 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 this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
|
|
| Docket Date |
2017-05-09
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
