|
U.S. BANCORP, etc, Appellant(s) v. TAHARRA ASSETS 5545, INC., Appellee(s).
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4D2022-3110
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2022-11-17
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE18-013680
|
Parties
| Name |
U.S. Bancorp
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Kimberly Lyn George, Joseph Gerard Paggi, III, Michael Vincent Supple
|
|
| Name |
TAHARRA ASSETS 5545 INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Joseph Jesus Portuondo, Jay Mitchell Levy
|
|
| Name |
Hon. Barbara Anne McCarthy
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-02-14
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-02-14
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
| View |
View File
|
|
| Docket Date |
2024-01-24
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed
|
| View |
View File
|
|
| Docket Date |
2023-10-31
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ 4DCA
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|
| Docket Date |
2023-10-16
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Appellee's compliance with this court's order of October 3, 2023 requiring identification of attorney presenting oral argument
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| On Behalf Of |
Taharra Assets 5545, Inc.
|
|
| Docket Date |
2023-10-05
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| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Appellant's notification of oral argument attorneys
|
| On Behalf Of |
U.S. Bancorp
|
|
| Docket Date |
2023-10-03
|
| Type |
Order
|
| Subtype |
Order Re: Video Oral Argument
|
| Description |
Order Re: Video Oral Argument
|
| View |
View File
|
|
| Docket Date |
2023-08-16
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| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
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| Description |
ORD-Setting Oral Argument ~ This case is set for Oral Argument on October 31, 2023, at 11:30 A.M. for 15 minutes per side, in person at the Fourth District Court of Appeal Courthouse. If a side anticipates more than two attorneys sitting at counsel table during oral argument, it shall contact the Marshal’s Office by phone at least two business days before the oral argument session. The court calendars can be viewed on this court's website at HYPERLINK "https://4dca.flcourts.gov" 4dca.flcourts.gov. In criminal cases where a victim, as defined in Article I, Section 16(e) of the Florida Constitution, has invoked their right to notice under Article I, Section 16(b)(6) of the Florida Constitution, the State shall provide the victim with notice of this oral argument and of any changes to the scheduled date or time.
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|
| Docket Date |
2023-08-14
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| Type |
Brief
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| Subtype |
Reply Brief
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| Description |
Appellant's Reply Brief
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| On Behalf Of |
U.S. Bancorp
|
|
| Docket Date |
2023-08-14
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| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ OF CHANGE OF PLAINTIFF'S LEAD TRIAL COUNSEL
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| On Behalf Of |
U.S. Bancorp
|
|
| Docket Date |
2023-07-14
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Taharra Assets 5545, Inc.
|
|
| Docket Date |
2023-07-14
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Taharra Assets 5545, Inc.
|
|
| Docket Date |
2023-06-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Taharra Assets 5545, Inc.
|
|
| Docket Date |
2023-06-20
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ TO 07/14/2023
|
|
| Docket Date |
2023-05-31
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Taharra Assets 5545, Inc.
|
|
| Docket Date |
2023-05-25
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
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| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's May 19, 2023 motion for extension of time is granted, and appellee shall serve the answer brief on or before June 20, 2023. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
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| Docket Date |
2023-05-19
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| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
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| On Behalf Of |
Taharra Assets 5545, Inc.
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|
| Docket Date |
2023-04-14
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
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| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's April 13, 2023 motion for extension of time is granted, and appellee shall serve the answer brief on or before May 21, 2023. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
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| Docket Date |
2023-04-13
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| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
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| On Behalf Of |
Taharra Assets 5545, Inc.
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|
| Docket Date |
2023-03-23
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| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
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| On Behalf Of |
U.S. Bancorp
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|
| Docket Date |
2023-02-23
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's February 22, 2023 amended motion for extension of time is granted, and appellant shall serve the initial brief on or before March 24, 2023. 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.
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| Docket Date |
2023-02-22
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Initial Brief
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| Description |
Mot. for Extension of time to file Initial Brief
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| On Behalf Of |
U.S. Bancorp
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| Docket Date |
2023-01-26
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| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's January 20, 2023 motion for extension of time is granted, and appellant shall serve the initial brief on or before February 22, 2023. 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.
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| Docket Date |
2023-01-20
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Initial Brief
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| Description |
Mot. for Extension of time to file Initial Brief
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| On Behalf Of |
U.S. Bancorp
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|
| Docket Date |
2023-01-13
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Received Records ~ 758 PAGES
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| On Behalf Of |
Clerk - Broward
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| Docket Date |
2022-11-18
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| 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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| Docket Date |
2022-11-18
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-11-18
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| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
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| Description |
Case Filing Fee Paid Through Portal
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| On Behalf Of |
U.S. Bancorp
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|
| Docket Date |
2022-11-17
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| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
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| On Behalf Of |
Taharra Assets 5545, Inc.
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|
| Docket Date |
2022-11-17
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
FP:Fee Paid Through Portal
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TAHARRA ASSETS 5545, INC. VS U.S. BANCORP, et al.
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4D2021-2991
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2021-10-19
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Closed
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|
| Classification |
NOA Final - Circuit Civil - Foreclosure
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE18-013680(3)
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Parties
| Name |
TAHARRA ASSETS 5545 INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Joseph Jesus Portuondo
|
|
| Name |
FORECLOSURE, INC.
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| Role |
Appellant
|
| Status |
Active
|
|
| Name |
U.S. Bancorp
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Brandi Nicole Wilson, Shawn Taylor
|
|
| Name |
U.S. BANK NATIONAL ASSOCIATION
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| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Nicholas Lopane
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-11-09
|
| Type |
Disposition by Order
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| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the November 9, 2021 notice of voluntary dismissal, this case is dismissed.
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| Docket Date |
2021-11-09
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| Type |
Disposition
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| Subtype |
Dismissed
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| Description |
Dismissed - Order by Clerk
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|
| Docket Date |
2021-11-09
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| Type |
Motions Other
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| Subtype |
Motion/Notice Voluntary Dismissal
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| Description |
Notice of Voluntary Dismissal
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| On Behalf Of |
Taharra Assets 5545, Inc.
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|
| Docket Date |
2021-10-22
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| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
U.S. Bancorp
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|
| Docket Date |
2021-10-20
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| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-10-19
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| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Taharra Assets 5545, Inc.
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|
| Docket Date |
2021-10-19
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| Type |
Misc. Events
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| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
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|
| Docket Date |
2021-10-21
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| Type |
Order
|
| Subtype |
Abeyance Order
|
| Description |
Order Holding Case in Abeyance Per R. 9.020(h)(2)(C) ~ This court notes that a motion tolling rendition is pending in the trial court. ORDERED that the above-styled case is held in abeyance until the trial court disposes of the motion and appellant files a copy of the order in this court. On that date, this case shall proceed, and the briefing schedule shall run from that date. See Fla. R. App. P. 9.020(h)(2)(C). If the trial court has not entered an order disposing of the motion within thirty (30) days from the date of this order, appellant shall file a status report with this court as to the progress being made towards disposition of the motion.
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| Docket Date |
2021-10-20
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| 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.
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TAHARRA ASSETS 5545, INC. VS DORMAN HENRY, et al.
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4D2021-2709
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2021-09-21
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Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE08000858
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Parties
| Name |
TAHARRA ASSETS 5545 INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Joseph Jesus Portuondo
|
|
| Name |
Dorman Henry
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Brandi Nicole Wilson, Joseph G. Paggi III, Shawn Taylor
|
|
| Name |
US Bank National Association
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| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Andrea Gundersen
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-12-02
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-12-02
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-11-09
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| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
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|
| Docket Date |
2022-07-19
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| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar Case Pending
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| On Behalf Of |
Taharra Assets 5545, Inc.
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|
| Docket Date |
2022-07-11
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| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Taharra Assets 5545, Inc.
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|
| Docket Date |
2022-07-05
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| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
Taharra Assets 5545, Inc.
|
|
| Docket Date |
2022-07-05
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| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
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| Description |
ORD-Grant Supplemental ROA & EOT for Brief ~ ORDERED that appellant's July 5, 2022 motion to supplement the record and for extension of time is granted. The record is supplemented to include the amended notice of hearing on plaintiff’s renewed motion for issuance of writ of possession and response to non-party objection and non-party’s objection to issuance of writ of possession. Said supplemental record is deemed filed as of the date of this order. Further,ORDERED that appellant shall serve the reply brief within five (5) days from the date of this order.
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|
| Docket Date |
2022-07-05
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| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion Supplemental Record & Eot For Brief
|
| On Behalf Of |
Taharra Assets 5545, Inc.
|
|
| Docket Date |
2022-06-15
|
| 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 |
Taharra Assets 5545, Inc.
|
|
| Docket Date |
2022-06-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant's June 15, 2022 motion for extension of time is granted, and appellant shall serve the reply brief on or before July 6, 2022. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
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| Docket Date |
2022-06-01
|
| Type |
Brief
|
| Subtype |
Amended Answer Brief
|
| Description |
Amended Appellee's Answer Brief ~ (AMENDED AS TO COS)
|
| On Behalf Of |
Dorman Henry
|
|
| Docket Date |
2022-05-31
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ **AMENDED ANSWER BRIEF FILED**
|
| On Behalf Of |
Dorman Henry
|
|
| Docket Date |
2022-05-23
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Denying Aplee's Motion to Dismiss ~ ORDERED that, upon consideration of appellant’s May 17, 2022 response, appellee’s May 2, 2022 motion to dismiss is denied. Further, ORDERED that appellee’s May 3, 2022 motion for extension of time is granted, and appellee shall serve the answer brief within five (5) days from the date of this order. In addition, appellee is notified that failure to serve the brief within the time provided herein may foreclose appellee’s right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2022-05-17
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLEE'S MOTION TO DISMISS FOR LACK OF JURISDICTION
|
| On Behalf Of |
Taharra Assets 5545, Inc.
|
|
| Docket Date |
2022-05-03
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ **GRANTED, SEE 05/23/2022 ORDER** PENDING DISPOSITION OF MOTION TO DISMISS FOR LACK OF JURISDICTION
|
| On Behalf Of |
Dorman Henry
|
|
| Docket Date |
2022-05-02
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ FOR LACK OF JURISDICTION
|
| On Behalf Of |
Taharra Assets 5545, Inc.
|
|
| Docket Date |
2022-04-21
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ 10 DAYS TO 05/02/2022
|
|
| Docket Date |
2022-04-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Dorman Henry
|
|
| Docket Date |
2022-03-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee U.S. Bank National Association's March 21, 2022 motion for extension of time is granted, and appellee shall serve the answer brief within thirty (30) days from the current due date. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2022-03-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
Dorman Henry
|
|
| Docket Date |
2022-01-27
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Taharra Assets 5545, Inc.
|
|
| Docket Date |
2021-12-20
|
| 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 17, 2021 motion for extension of time is granted, and appellant shall serve the initial brief on or before January 28, 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 |
2021-12-17
|
| 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 |
Taharra Assets 5545, Inc.
|
|
| Docket Date |
2021-11-23
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's November 22, 2021 motion for extension of time is granted, and appellant shall serve the initial brief on or before December 28, 2021. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2021-11-22
|
| 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 |
2021-11-08
|
| Type |
Record
|
| Subtype |
Record on Appeal Confidential
|
| Description |
Confidential Records ~ 128 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-10-18
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Dorman Henry
|
|
| Docket Date |
2021-09-22
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Taharra Assets 5545, Inc.
|
|
| Docket Date |
2021-09-22
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| 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.
|
|
| Docket Date |
2021-09-21
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-09-21
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Taharra Assets 5545, Inc.
|
|
|
|
TAHARRA ASSETS 5545, INC. VS US BANK NATIONAL ASSOCIATION and SANDRA HENRY
|
4D2021-2546
|
2021-08-30
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE19006828
|
Parties
| Name |
TAHARRA ASSETS 5545 INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Joseph Jesus Portuondo
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
US Bank National Association
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Nicholas Steven Agnello, Matthew Edward Hearne
|
|
| Name |
Sandra Henry
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Jeffrey R. Levenson
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-12-16
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2021-12-16
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the December 16, 2021 notice of voluntary dismissal, this case is dismissed.
|
|
| Docket Date |
2021-12-16
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
Taharra Assets 5545, Inc.
|
|
| Docket Date |
2021-11-24
|
| 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 |
Taharra Assets 5545, Inc.
|
|
| Docket Date |
2021-11-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant’s November 24, 2021 motion for extension of time is granted, and appellant shall serve the initial brief on or before December 18, 2021. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2021-11-04
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant’s November 3, 2021 amended motion for extension of time is granted, and appellant shall serve the initial brief on or before November 28, 2021. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2021-11-03
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ AMENDED
|
| On Behalf Of |
Taharra Assets 5545, Inc.
|
|
| Docket Date |
2021-11-03
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellant’s November 2, 2021 motion for extension of time to file initial brief 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 |
2021-11-02
|
| 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 |
Taharra Assets 5545, Inc.
|
|
| Docket Date |
2021-10-15
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 2,117 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2021-09-03
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Taharra Assets 5545, Inc.
|
|
| Docket Date |
2021-08-31
|
| 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.
|
|
| Docket Date |
2021-08-31
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-08-30
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Taharra Assets 5545, Inc.
|
|
| Docket Date |
2021-08-30
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
U.S. BANK N.A., AS TRUSTEE VS SANDRA HENRY, et al
|
4D2017-2324
|
2017-07-25
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE17002260
|
Parties
| Name |
U.S. BANK N.A., AS TRUSTEE
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Erica Gomer, MATTHEW T. MITCHELL, Nicholas Steven Agnello
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
SANDRA HENRY
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Matthew Edward Hearne, Joseph Jesus Portuondo
|
|
| Name |
TAHARRA ASSETS 5545 INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Joel T. Lazarus
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-07-20
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-07-20
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2018-07-17
|
| Type |
Misc. Events
|
| Subtype |
Corrected Opinion
|
| Description |
Corrected opinion ~ **CORRECTED OPINION**
|
|
| Docket Date |
2018-06-21
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed ~ **CORRECTED OPINION**
|
|
| Docket Date |
2018-04-13
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
| Docket Date |
2018-02-19
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
U.S. BANK N.A., AS TRUSTEE
|
|
| Docket Date |
2018-02-19
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
U.S. BANK N.A., AS TRUSTEE
|
|
| Docket Date |
2018-02-05
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Allowing Attachment to Record ~ ORDERED that the appellant's February 2, 2018 motion to supplement the record is granted, and the record is supplemented to include the notice of hearing on Taharra’s Motion to Dismiss in case 17002260 for June 12, 2017 at 1:30 p.m. Said supplemental record is deemed filed as of the date of this order.
|
|
| Docket Date |
2018-02-05
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
U.S. BANK N.A., AS TRUSTEE
|
|
| Docket Date |
2018-02-02
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
U.S. BANK N.A., AS TRUSTEE
|
|
| Docket Date |
2018-01-25
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ (TAHARRA ASSETS 5545, INC)
|
| On Behalf Of |
SANDRA HENRY
|
|
| Docket Date |
2018-01-10
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 14 DAYS TO 01/26/2018
|
| On Behalf Of |
SANDRA HENRY
|
|
| Docket Date |
2017-12-11
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 01/12/2018
|
| On Behalf Of |
SANDRA HENRY
|
|
| Docket Date |
2017-11-09
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ 30 DAYS TO 12/12/2017
|
| On Behalf Of |
SANDRA HENRY
|
|
| Docket Date |
2017-10-31
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Granting Motion to Supplement the Record ~ Upon consideration of appellant’s October 18, 2017 response and October 19, 2017 amended response, it is ORDERED that appellee’s October 18, 2017 amended motion to supplement the record on appeal is granted. Said supplemental record is deemed filed as of the date of this order.
|
|
| Docket Date |
2017-10-31
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records
|
| On Behalf Of |
SANDRA HENRY
|
|
| Docket Date |
2017-10-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ **AMENDED**
|
| On Behalf Of |
U.S. BANK N.A., AS TRUSTEE
|
|
| Docket Date |
2017-10-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ **AMENDED RESPONSE FILED** IN OPPOSITION TO APPELLEE'S AMENDED MOTION TO SUPPLEMENT THE RECORD ON APPEAL
|
| On Behalf Of |
U.S. BANK N.A., AS TRUSTEE
|
|
| Docket Date |
2017-10-18
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record ~ (AMENDED)
|
| On Behalf Of |
SANDRA HENRY
|
|
| Docket Date |
2017-10-10
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
U.S. BANK N.A., AS TRUSTEE
|
|
| Docket Date |
2017-10-10
|
| 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 October 6, 2017 motion for leave to file untimely initial brief is granted. The initial brief is deemed filed as of the date of this order.
|
|
| Docket Date |
2017-10-06
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ FOR LEAVE TO FILE UNTIMELY INITIAL BRIEF
|
| On Behalf Of |
U.S. BANK N.A., AS TRUSTEE
|
|
| Docket Date |
2017-09-26
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 173 PAGES
|
|
| Docket Date |
2017-09-14
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 20 DAYS TO 10/3/17
|
| On Behalf Of |
U.S. BANK N.A., AS TRUSTEE
|
|
| Docket Date |
2017-08-15
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ (CERT. COPY; FILED 8/14/17)
|
|
| Docket Date |
2017-08-14
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 9/13/17
|
| On Behalf Of |
U.S. BANK N.A., AS TRUSTEE
|
|
| Docket Date |
2017-07-26
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2017-07-26
|
| 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 |
2017-07-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
U.S. BANK N.A., AS TRUSTEE
|
|
| Docket Date |
2017-07-25
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
