|
VIA MEDIA COMMUNICATIONS, Appellant(s) v. WILMINGTON SAVINGS FUND SOCIETY FSB, D/B/A CHRISTIANA TRUST, PRETIUM MORTGAGE ACQUISITION TRUST, WILLIAM K. WARD, Appellee(s).
|
2D2022-0020
|
2022-01-04
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
18-CA-006169
|
Parties
| Name |
VIA MEDIA COMMUNICATIONS, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
MATTHEW D. WOLF, ESQ.
|
|
| Name |
WILMINGTON SAVINGS FUND SOCIETY FSB, D/B/A CHRISTIANA TRUST
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ANNE M. MALLEY, ESQ., GENNIFER L. BRIDGES, ESQ., PHELAN HALLINAN DIAMOND & JONES, P L L C, JACQUELINE SIMMS - PETREDIS, ESQ., ADAM J. KNIGHT, ESQ.
|
|
| Name |
PRETIUM MORTGAGE ACQUISITION TRUST , INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
WILLIAM K. WARD
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. CHERYL THOMAS
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-11-03
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORDER GRANTING VOLUNTARY DISMISSAL ~ Appellant's notice of voluntary dismissal, filed October 31, 2022, is granted. Accordingly, the oral argument scheduled for November 16, 2022, is canceled and the case is dismissed.
|
|
| Docket Date |
2022-11-03
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2022-11-03
|
| Type |
Misc. Events
|
| Subtype |
Case Closed
|
| Description |
Case Closed
|
|
| Docket Date |
2022-10-31
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
VIA MEDIA COMMUNICATIONS
|
|
| Docket Date |
2022-09-09
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Oral Argument Notice ~ This case is provisionally set for oral argument on WEDNESDAY, NOVEMBER 16, 2022, at 9:30 A.M., before: Judge Craig C. Villanti, Judge Matthew C. Lucas, Judge Susan H. Rothstein-Youakim. Oral argument will occur at the Second District Court of Appeal, Tampa Branch Headquarters, in the courtroom of the Stetson University College Of Law, Tampa Campus, First Floor, 1700 North Tampa Street, Tampa, Florida. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the receptionist 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 in this proceeding, 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.
|
|
| Docket Date |
2022-07-19
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Amended OA Request Permitted ~ A request for oral argument has been filed in this case. Within five days from the date of this order, any party may file a request that the argument be conducted by video. The manner of oral argument will be decided in the court's discretion. A video request must state the reason in support, and it must indicate that the requesting party has consulted opposing counsel and is authorized to represent that opposing counsel either has no objection or will file an objection. A party objecting to a request to conduct oral argument by video must file a response within five days after service of the request.
|
|
| Docket Date |
2022-07-18
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
VIA MEDIA COMMUNICATIONS
|
|
| Docket Date |
2022-07-18
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
VIA MEDIA COMMUNICATIONS
|
|
| Docket Date |
2022-07-13
|
| 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 within ten days from the date of this order.
|
|
| Docket Date |
2022-07-08
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF
|
| On Behalf Of |
VIA MEDIA COMMUNICATIONS
|
|
| Docket Date |
2022-06-09
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
WILMINGTON SAVINGS FUND SOCIETY FSB, D/B/A CHRISTIANA TRUST
|
|
| Docket Date |
2022-05-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ NOTICE OF AGREED EXTENSION OF TIME TO SERVE ANSWER BRIEF//30 - AB DUE 6/13/22
|
| On Behalf Of |
WILMINGTON SAVINGS FUND SOCIETY FSB, D/B/A CHRISTIANA TRUST
|
|
| Docket Date |
2022-05-09
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance ~ NOTICE OF APPEARANCE AS CO-COUNSEL FOR APPELLEE
|
| On Behalf Of |
WILMINGTON SAVINGS FUND SOCIETY FSB, D/B/A CHRISTIANA TRUST
|
|
| Docket Date |
2022-04-13
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
VIA MEDIA COMMUNICATIONS
|
|
| Docket Date |
2022-03-17
|
| 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 within 30 days from the date of this order.
|
|
| Docket Date |
2022-03-16
|
| 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 |
VIA MEDIA COMMUNICATIONS
|
|
| Docket Date |
2022-02-04
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ THOMAS - 694 PAGES
|
|
| Docket Date |
2022-01-20
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
WILMINGTON SAVINGS FUND SOCIETY FSB, D/B/A CHRISTIANA TRUST
|
|
| Docket Date |
2022-01-17
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
VIA MEDIA COMMUNICATIONS
|
|
| Docket Date |
2022-01-05
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty ~ This appeal has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes, Florida Statutes.If the attorney for appellant has not already done so, they shall forward the required $300.00 filing fee or, if applicable, a certificate or order of the lower tribunal finding appellant insolvent pursuant to section 57.081, Florida Statutes, within twenty days from the date of this order.If this court does not receive either of the above within the prescribed time, this appeal may be subject to dismissal without further notice.
|
|
| Docket Date |
2022-01-05
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-01-04
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ W/ORDER
|
| On Behalf Of |
VIA MEDIA COMMUNICATIONS
|
|
| Docket Date |
2022-01-04
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
DOMINIQUE BARTEET VS WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST, ETC., et al.
|
4D2021-1969
|
2021-06-23
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502017CA008389XXXX
|
Parties
| Name |
Dominique Barteet
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Chance McClain
|
|
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
George J. Janssen
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, etc.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Adam Grant Schwartz, Kahane & Associates, P.A., Michael P. Hamaway, Scott A. Stoloff
|
|
| Name |
PRETIUM MORTGAGE ACQUISITION TRUST , INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Frenchman's Landing Property Owners Assoc. Inc.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Unknown Spouse of George Janssen
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Unknown Person(s) in Possession
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
UNITED STATES OF AMERICA INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Unknown Spouse of Dominique Barteet
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Small Business Administration
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Janart Development, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Gerard Joseph Curley
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-09-24
|
| Type |
Brief
|
| Subtype |
Amended Answer Brief
|
| Description |
Amended Appellee's Answer Brief ~ KATHRYN R. JANSSEN, AS PERSONAL REPRESENTTIVE OF THE ESTATE OF GEORGE JANSSEN
|
| On Behalf Of |
Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, etc.
|
|
| Docket Date |
9999-07-26
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Docket Entry
|
| Description |
Miscellaneous (DNU) ~ **Case numbers 20-2738 and 21-1969 are consolidated for ALL PURPOSES -- See case 20-2738 for all future entries**
|
|
| Docket Date |
2022-04-01
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-04-01
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-03-10
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that appellees’ September 1, 2021 motion for award of attorney's fees is granted. On remand, the trial court shall set the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee. Further,ORDERED that the motion for costs filed by Adam G. Schwartz is denied without prejudice to seek costs in the trial court..
|
|
| Docket Date |
2022-03-10
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2021-12-10
|
| 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 |
2021-10-07
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Dominique Barteet
|
|
| Docket Date |
2021-10-07
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Dominique Barteet
|
|
| Docket Date |
2021-09-22
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - Non-Compliance With R. 9.045 ~ ORDERED that appellee Kathryn R. Janssen, as Personal Representative of the Estate of George Janssen’s September 17, 2021 answer 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 |
2021-09-20
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief
|
| On Behalf Of |
Dominique Barteet
|
|
| Docket Date |
2021-09-17
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ KATHRYN R. JANSSEN, AS PERSONAL REPRESENTTIVE OF THE ESTATE OF GEORGE JANSSEN **STRICKEN**
|
| On Behalf Of |
Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, etc.
|
|
| Docket Date |
2021-09-01
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ *AND* COSTS (Wilmington Savings Fund Society)
|
| On Behalf Of |
Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, etc.
|
|
| Docket Date |
2021-09-01
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ WILMINGTON SAVINGS FUND SOCIETY, FSB, DBA, CHRISTIANA TRUST, NOT INDIVIDUALLY, BUT SOLELY AS TRUSTEE FOR PRETIUM MORTGAGE ACQUISITION TRUST
|
| On Behalf Of |
Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, etc.
|
|
| Docket Date |
2021-08-24
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ Wilmington Savings Fund Society
|
| On Behalf Of |
Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, etc.
|
|
| Docket Date |
2021-07-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellees Kathryn Janssen and Janart Development, LLC’s July 21, 2021 motion for extension of time is granted, and appellees shall serve the answer brief on or before September 17, 2021. In addition, appellees are notified that the failure to serve the brief within the time provided herein may foreclose appellees’ right to file a brief or otherwise participate in this appeal.
|
|
| Docket Date |
2021-07-26
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
ORD-Granting Consolidation ~ ORDERED that case numbers 4D20-2738 and 4D21-1969 are now consolidated for all purposes and are to proceed under the time schedule for a final appeal and according to the requirements of Florida Rule of Appellate Procedure 9.110, and shall proceed under case number 4D20-2738. J.M.B. v. State, 776 So. 2d 353, 354 (Fla. 1st DCA 2001).
|
|
| Docket Date |
2021-06-29
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-To File Response ~ ORDERED that the parties are directed to respond, within ten (10) days from the date of this order, as to why case numbers 4D20-2738 and 4D21-1969 should not be consolidated for all purposes.
|
|
| Docket Date |
2021-06-24
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Dominique Barteet
|
|
| Docket Date |
2021-06-24
|
| 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 |
2021-06-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2021-06-24
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Dominique Barteet
|
|
| Docket Date |
2021-06-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Dominique Barteet
|
|
| Docket Date |
2021-06-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
WILMINGTON SAVINGS FUND SOCIETY, FSB D/B/A CHRISTIANA TRUST, BUT AS TRUSTEE FOR PRETIUM MORTGAGE AQUISITION VS OLIVER JAMES O' RIORDAN AND PNC BANK NATIONAL ASSOCIATION, ET AL
|
2D2021-0217
|
2021-01-14
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
13-CA-012506
|
Parties
| Name |
WILMINGTON SAVINGS FUND SOCIETY, FSB D/B/A CHRISTIANA TRUST
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
MARISA J. POWERS, ESQ., CHARLES F. JOHNSON, I I I, ESQ.
|
|
| Name |
PRETIUM MORTGAGE ACQUISITION TRUST , INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PNC BANK, NATIONAL ASSOCIATION
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
UNKNOWN TENANTS
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. EMILY PEACOCK
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
OLIVER JAMES O' RIORDAN
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
LARS OLGERTS BODNIEKS, ESQ., GARY I. MASEL, ESQ., ROGER O. MILLS, ESQ., STACY D. BLANK, ESQ., BRIAN L. ROSALER, ESQ.
|
|
Docket Entries
| Docket Date |
2022-04-29
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
ORD-TO SHOW CAUSE ~ Appellant shall show cause within twenty days why this appeal should not be dismissed for lack of jurisdiction. See Wahl v. Taylor, 926 So. 2d 488, 489 (Fla. 2d DCA 2006) ("[A]n order merely granting a motion for summary judgment is not a final order."); Better Gov't Ass'n of Sarasota County v. State, 802 So. 2d 414 (Fla. 2d DCA 2001). Jurisdiction is relinquished to the extent necessary to allow the trial court to enter an appealable, final order. Should appellant provide this court with such an appealable, final order within twenty days, this premature appeal will be mature and will proceed to consideration. See Fla. R. App. P. 9.110(l) (stating that if a notice of appeal is prematurely filed before rendition of a final order, "the lower tribunal retains jurisdiction to render a final order"). If appellant fails to present an appealable order within that time frame, or persuade this court that the existing order is appealable, this appeal will be subject to dismissal without further notice.
|
|
| Docket Date |
2022-02-16
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Oral Argument Notice for Out of Town Session ~ This case is provisionally set for oral argument on FRIDAY, APRIL 22, 2022, at 9:30 A.M., before: Judge Robert J. Morris, Jr., Judge Patricia J. Kelly, Judge Suzanne Labrit. Oral argument will occur in the OLIVER L. GREEN COURTROOM, POLK COUNTY COURTHOUSE, 255 N. BROADWAY AVE., BARTOW, FLORIDA. The court calendars can be viewed on this court’s website at www.2dca.org. Counsel or parties are requested to make their presence known to the receptionist 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 in this proceeding, 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.
|
|
| Docket Date |
2021-01-14
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ WITH ORDER
|
| On Behalf Of |
WILMINGTON SAVINGS FUND SOCIETY, FSB D/B/A CHRISTIANA TRUST
|
|
| Docket Date |
2021-01-19
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2022-06-27
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2022-06-27
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-06-08
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellant's motion for appellate attorney fees is denied and Appellee's motion is granted in an amount to be determined by the trial court.
|
|
| Docket Date |
2022-06-08
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2022-05-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT Response to Court Order-74a ~ Appellant’s “motion for extension of time to respond to order of court” is granted for 20 days from the date of this order.
|
|
| Docket Date |
2022-05-20
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ APPELLANT'S NOTICE OF FILING PARTIAL FINAL JUDGMENT FOR PNC BANK, NATIONAL ASSOCIATION
|
| On Behalf Of |
WILMINGTON SAVINGS FUND SOCIETY, FSB D/B/A CHRISTIANA TRUST
|
|
| Docket Date |
2022-05-16
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion Extension of time To File Response
|
| On Behalf Of |
WILMINGTON SAVINGS FUND SOCIETY, FSB D/B/A CHRISTIANA TRUST
|
|
| Docket Date |
2022-04-22
|
| Type |
Misc. Events
|
| Subtype |
Oral Argument Date Set
|
| Description |
Oral Argument Date Set ~ Bartow
|
|
| Docket Date |
2021-03-18
|
| 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 May 10, 2021.
|
|
| Docket Date |
2021-03-17
|
| 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 |
WILMINGTON SAVINGS FUND SOCIETY, FSB D/B/A CHRISTIANA TRUST
|
|
| Docket Date |
2021-01-19
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2021-01-19
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
WILMINGTON SAVINGS FUND SOCIETY, FSB D/B/A CHRISTIANA TRUST
|
|
| Docket Date |
2022-01-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE PNC BANK'S RESPONSE TO APPELLANT'S MOTION FOR ATTORNEYS' FEES
|
| On Behalf Of |
OLIVER JAMES O' RIORDAN
|
|
| Docket Date |
2022-01-10
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
WILMINGTON SAVINGS FUND SOCIETY, FSB D/B/A CHRISTIANA TRUST
|
|
| Docket Date |
2022-01-10
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
WILMINGTON SAVINGS FUND SOCIETY, FSB D/B/A CHRISTIANA TRUST
|
|
| Docket Date |
2022-01-10
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
WILMINGTON SAVINGS FUND SOCIETY, FSB D/B/A CHRISTIANA TRUST
|
|
| Docket Date |
2022-01-10
|
| Type |
Order
|
| Subtype |
Order on Motion/Request for Oral Argument
|
| Description |
Amended OA Request Permitted ~ A request for oral argument has been filed in this case. Within five days from the date of this order, any party may file a request that the argument be conducted by video. The manner of oral argument will be decided in the court's discretion. A video request must state the reason in support, and it must indicate that the requesting party has consulted opposing counsel and is authorized to represent that opposing counsel either has no objection or will file an objection. A party objecting to a request to conduct oral argument by video must file a response within five days after service of the request.
|
|
| Docket Date |
2021-12-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant EOT (general)-74c ~ Appellant’s motion for extension of time is granted. Appellant may serve aresponse to Appellee's motion for appellate attorney's fees and a reply brief by January10, 2022.
|
|
| Docket Date |
2021-12-13
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion Extension of time To File Response ~ AGREED MOTION FOR EXTENSION OF TIME TO RESPOND TO APPELLEE'S, PNC BANK'S , MOTION FOR APPELLATE ATTONREYS' FEES AND TO SERVE REPLY BRIEF
|
| On Behalf Of |
WILMINGTON SAVINGS FUND SOCIETY, FSB D/B/A CHRISTIANA TRUST
|
|
| Docket Date |
2021-11-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant EOT (general)-74c ~ Appellant’s motion for extension of time is granted. Appellant may serve a response to Appellee's motion for appellate attorney's fees and a reply brief by December 13, 2021.
|
|
| Docket Date |
2021-11-04
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion Extension of time To File Response ~ TO MOTION FOR ATTORNEY FEES
|
| On Behalf Of |
WILMINGTON SAVINGS FUND SOCIETY, FSB D/B/A CHRISTIANA TRUST
|
|
| Docket Date |
2021-10-29
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ Appellant's Agree Motion for Extension of Time to Respond to Appellee's, PNC Bank's, Motion for Appellate Attorney's fees is granted to the extent that Appellant may serve a response on or before November 15, 2021.
|
|
| Docket Date |
2021-10-28
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion Extension of time To File Response ~ AGREED EXTENSION OF TIME TO SERVE RESPONSE TO APPELLEE'S, PNC BANK'S, MOTION FOR APPELLATE ATTONREYS' FEES
|
| On Behalf Of |
WILMINGTON SAVINGS FUND SOCIETY, FSB D/B/A CHRISTIANA TRUST
|
|
| Docket Date |
2021-10-15
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLEE PNC BANK'S MOTION FOR APPELLATE ATTORNEYS' FEES
|
| On Behalf Of |
OLIVER JAMES O' RIORDAN
|
|
| Docket Date |
2021-10-15
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
OLIVER JAMES O' RIORDAN
|
|
| Docket Date |
2021-09-02
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
OLIVER JAMES O' RIORDAN
|
|
| Docket Date |
2021-08-13
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ Appellee's motion for extension of time is granted, and the answer brief shallbe served within 30 days from the date of this order.
|
|
| Docket Date |
2021-08-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief ~ AGREED MOTION FOR EXTENSION OF TIME TO SERVE/FILEANSWER BRIEF
|
| On Behalf Of |
OLIVER JAMES O' RIORDAN
|
|
| Docket Date |
2021-07-15
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
WILMINGTON SAVINGS FUND SOCIETY, FSB D/B/A CHRISTIANA TRUST
|
|
| Docket Date |
2021-06-17
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 2ND SUPPLEMENTAL - REDACTED - 43 PAGES
|
|
| Docket Date |
2021-06-10
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record
|
| Description |
ORDER GRANTING MOTION TO SUPPLEMENT THE RECORD ~ Appellant's motion to supplement the record is granted, and appellant shall make arrangements within three days with the clerk of the lower tribunal for the supplementation of the record with the items mentioned in the motion, with the supplemental record to be filed in this court within twenty-five days from the date of this order. Appellant's motion for extension of time is granted, and the initial brief shall be served within 35 days from the date of this order.
|
|
| Docket Date |
2021-06-10
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion Supplemental Record & Eot For Brief ~ APPELLANT'S UNOPPOSED MOTION TO SUPPLEMENT RECORD AND FOR EXTENSION OF TIME
|
| On Behalf Of |
WILMINGTON SAVINGS FUND SOCIETY, FSB D/B/A CHRISTIANA TRUST
|
|
| Docket Date |
2021-05-17
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ REDACTED - 192 PAGES
|
|
| Docket Date |
2021-05-07
|
| 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 June 10, 2021.
|
|
| Docket Date |
2021-05-06
|
| 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 |
WILMINGTON SAVINGS FUND SOCIETY, FSB D/B/A CHRISTIANA TRUST
|
|
| Docket Date |
2021-05-06
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion to Supplement ~ APPELLANT'S UNOPPOSED MOTION TO SUPPLEMENT
|
| On Behalf Of |
WILMINGTON SAVINGS FUND SOCIETY, FSB D/B/A CHRISTIANA TRUST
|
|
| Docket Date |
2021-04-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
OLIVER JAMES O' RIORDAN
|
|
| Docket Date |
2021-03-23
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ PEACOCK - REDACTED - 1340 PAGES
|
|
| Docket Date |
2021-01-14
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
WILMINGTON SAVINGS FUND SOCIETY, FSB, d/b/a CHRISTIANA TRUST, ETC. VS GULFSTREAM OF LAS OLAS CONDOMINIUM ASSOC. INC.
|
4D2020-1443
|
2020-06-23
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE18-010075
|
Parties
| Name |
Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, etc.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Tyler E. Mesmer
|
|
| Name |
PRETIUM MORTGAGE ACQUISITION TRUST , INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Gulfstream of Las Olas Condominium Assoc. Inc.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Michael D. Bogen
|
|
| Name |
Hon. Keathan B. Frink
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2022-01-07
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2022-01-07
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-12-22
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion
|
|
| Docket Date |
2021-12-22
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Deny Attorney's Fees ~ ORDERED that appellant’s June 9, 2021 motion for appellate attorney's fees is denied. See Saul v. Basse, 399 So. 2d 130 (Fla. 2d DCA 1981).
|
|
| Docket Date |
2021-06-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO APPELLANT'S MOTION FOR ATTORNEY'S FEES
|
| On Behalf Of |
Gulfstream of Las Olas Condominium Assoc. Inc.
|
|
| Docket Date |
2021-06-09
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, etc.
|
|
| Docket Date |
2021-06-09
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ (Response filed 6/22/21)
|
| On Behalf Of |
Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, etc.
|
|
| Docket Date |
2021-05-24
|
| 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 May 24, 2021 motion for extension of time is granted in part, and appellant shall serve the reply brief within fifteen (15) days from the current due date. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2021-05-24
|
| 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 |
Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, etc.
|
|
| Docket Date |
2021-04-26
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that appellee’s appendix to the answer 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 consecutively paginated, beginning with the cover sheet as page 1, 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 |
2021-04-26
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Brief
|
| On Behalf Of |
Gulfstream of Las Olas Condominium Assoc. Inc.
|
|
| Docket Date |
2021-04-26
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Gulfstream of Las Olas Condominium Assoc. Inc.
|
|
| Docket Date |
2021-04-13
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Gulfstream of Las Olas Condominium Assoc. Inc.
|
|
| Docket Date |
2021-04-13
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ EXTENDED TO 04/25/2021
|
|
| Docket Date |
2021-03-15
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ EXTENDED TO 04/15/2021
|
|
| Docket Date |
2021-03-15
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Gulfstream of Las Olas Condominium Assoc. Inc.
|
|
| Docket Date |
2021-02-16
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief
|
| On Behalf Of |
Gulfstream of Las Olas Condominium Assoc. Inc.
|
|
| Docket Date |
2021-02-16
|
| Type |
Order
|
| Subtype |
Order on Agreed Extension of Time
|
| Description |
Recognizing Agreed Extension of Time ~ EXTENDED TO 03/25/2021
|
|
| Docket Date |
2021-01-25
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, etc.
|
|
| Docket Date |
2021-01-11
|
| 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 7, 2021 unopposed motion for extension of time is granted, and appellant shall serve the initial brief on or before January 25, 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 |
2021-01-07
|
| 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 |
Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, etc.
|
|
| Docket Date |
2020-12-08
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 1,487 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2020-11-18
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-Grant Supplemental ROA & EOT for Brief ~ ORDERED that appellant’s November 17, 2020 second amended unopposed motion to supplement the record and for extension of time is granted. The material requested in the motion shall be included in the record on appeal. The clerk of the lower tribunal shall prepare and file the supplemental material in this court within twenty (20) days from the date of this order. Appellant shall monitor the supplementation process. Further,ORDERED that appellant shall serve the initial brief within thirty (30) days from receipt of the supplemental record.
|
|
| Docket Date |
2020-11-17
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion Supplemental Record & Eot For Brief ~ SECOND AMENDED
|
| On Behalf Of |
Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, etc.
|
|
| Docket Date |
2020-11-16
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
ORD-deny motion to supplement per 9.300(a) ~ ORDERED that appellant’s November 16, 2020 amended motion to supplement the record is denied without prejudice for failure to comply with Florida Rule of Appellate Procedure 9.300(a). See also this court’s Notice to Attorneys and to Parties Representing Themselves, Paragraph 1.
|
|
| Docket Date |
2020-11-16
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record
|
| Description |
Motion To File Supplemental Record
|
| On Behalf Of |
Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, etc.
|
|
| Docket Date |
2020-10-29
|
| 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 28, 2020 motion for extension of time is granted, and appellant shall serve the initial brief within fifteen (15) days from the current due date. 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 |
2020-10-28
|
| 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 |
Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, etc.
|
|
| Docket Date |
2020-10-05
|
| 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 2, 2020 motion for extension of time is granted, and appellant shall serve the initial brief on or before November 4, 2020. 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 |
2020-10-02
|
| 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 |
Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, etc.
|
|
| Docket Date |
2020-09-14
|
| Type |
Order
|
| Subtype |
Order on Motion To Dismiss
|
| Description |
ORD-Denying Aplee's Motion to Dismiss ~ Upon consideration of appellant’s September 8, 2020 response, it is ORDERED that appellee’s August 6, 2020 motion to dismiss appeal is denied.
|
|
| Docket Date |
2020-09-08
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, etc.
|
|
| Docket Date |
2020-08-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to File Response
|
| Description |
Grant EOT to file Response ~ ORDERED that appellants’ August 19, 2020 motion for extension of time is granted, and the time for filing a response to appellee’s motion to dismiss is extended fifteen (15) days from the current due date.
|
|
| Docket Date |
2020-08-19
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
|
| On Behalf Of |
Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, etc.
|
|
| Docket Date |
2020-08-07
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 561 PAGES
|
| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2020-08-06
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
Gulfstream of Las Olas Condominium Assoc. Inc.
|
|
| Docket Date |
2020-06-24
|
| Type |
Order
|
| Subtype |
Order Reclassifying Case
|
| Description |
ORD-Non-Final Appeal Treated as Final ~ ORDERED sua sponte that the court determines that this appeal seeks review of a final order, rather than a non-final order. Appellant may file directions to the clerk under Florida Rule of Appellate Procedure 9.200(a)(3) within ten (10) days from the date of this order, and appellee may file directions for additional documents and exhibits within ten (10) days after the appellant’s filing of directions to the clerk. The times for preparing the record on appeal, serving the index to the record on appeal, and for service of briefs are extended correspondingly.
|
|
| Docket Date |
2020-06-24
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, etc.
|
|
| Docket Date |
2020-06-24
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2020-06-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2020-06-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, etc.
|
|
|
|
DOMINIQUE BARTEET VS WILIMINGTON SAVINGS FUND SOCIETY, et al.
|
4D2019-3205
|
2019-10-17
|
Closed
|
|
| Classification |
Original Proceedings - Circuit Civil - Certiorari
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502017CA008389XXXXMB
|
Parties
| Name |
Dominique Barteet
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
Chance McClain
|
|
| Name |
UNKNOWN PERSONS IN POSSESSION
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Unknown Spouse of George Janssen
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Janart Development, LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
Unknown Spouse of Dominique Barteet
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
George J. Janssen
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
FRENCHMEN'S LANDING PROPERTY OWNERS ASSOCIATION, INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
U.S. Attorney
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
U.S. SMALL BUSINESS ADMIN.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
UNKNOWN TENANT IN POSSESSION
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
PRETIUM MORTGAGE ACQUISITION TRUST , INC.
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
WILIMINGTON SAVINGS FUND SOCIETY
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Adam Grant Schwartz, KAHANE & ASSOCIATES, Scott A. Stoloff, Michael P. Hamaway
|
|
| Name |
Hon. Gerard Joseph Curley
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-10-30
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2019-10-30
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order-Original Proceeding Dismissed ~ ORDERED that the petition for writ of certiorari is dismissed for failure to establish irreparable harm. See Williams v. Oken, 62 So. 3d 1129, 1132 (Fla. 2011); Bared & Co., Inc. v. McGuire, 670 So. 2d 153 (Fla. 4th DCA 1996).WARNER, GROSS and KUNTZ, JJ., concur.
|
|
| Docket Date |
2019-10-22
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition
|
| On Behalf Of |
Dominique Barteet
|
|
| Docket Date |
2019-10-21
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the petitioner's appendix to the petition for writ of certiorari 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 paginated so that the page numbers displayed by the PDF reader exactly match the pagination of the index, and was not bookmarked 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 |
2019-10-21
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ **STRICKEN**
|
| On Behalf Of |
Dominique Barteet
|
|
| Docket Date |
2019-10-18
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Writ of Certiorari / Acknowledgment letter
|
|
| Docket Date |
2019-10-18
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Order Striking Appendix - Non-Compliance With R. 9.220 ~ ORDERED that the Petitioner's appendix to the Petition for Writ of Certiorari 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 bookmarked 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 |
2019-10-17
|
| Type |
Record
|
| Subtype |
Appendix to Petition
|
| Description |
Appendix to Petition ~ *FILING FEE PAID ELECTRONICALLY*
|
|
| Docket Date |
2019-10-17
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
|
| Docket Date |
2019-10-17
|
| Type |
Petition
|
| Subtype |
Petition Certiorari
|
| Description |
Petition for Certiorari Filed ~ *FILING FEE PAID ELECTRONICALLY*
|
| On Behalf Of |
Dominique Barteet
|
|
|
|
DORSEY EVANS VS WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST, NOT INDIVIDUALLY BUT AS TRUSTEE FOR PRETIUM MORTGAGE ACQUISITION TRUST, RUSHMORE LOAN MANAGEMENT SERVICES, LLC, QUAIL, ETC., ET AL.
|
5D2019-2016
|
2019-07-11
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Eighteenth Judicial Circuit, Brevard County
05-2016-CA-039751-X
|
Parties
| Name |
Dorsey Evans
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Beau Bowin
|
|
| Name |
WILMINGTON SAVINGS FUND SOCIETY, FSB, CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Jarrett E. Cooper, David Rosenberg, Robertson, Anschutz & Schneid
|
|
| Name |
PRETIUM MORTGAGE ACQUISITION TRUST , INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
United Guaranty Residential Insurance Company North Carolina
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CHRISTIANA TRUST COMPANY
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
QUAIL VILLAGE HOMEOWNERS ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Rushmore Loan Management Services, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. William David Dugan DNU
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk Brevard
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-11-23
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD EFILED
|
|
| Docket Date |
2020-11-23
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-11-03
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney's Fees ~ AA 6/26 MOT DENIED
|
|
| Docket Date |
2020-11-03
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed ~ PCA
|
|
| Docket Date |
2020-11-02
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-DISPENSING ORAL ARGUMENT
|
|
| Docket Date |
2020-10-30
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice ~ RSP TO 10/21 ORDER
|
| On Behalf Of |
Wilmington Savings Fund Society, FSB
|
|
| Docket Date |
2020-10-21
|
| Type |
Order
|
| Subtype |
Zoom Instructions-OA
|
| Description |
ZOOM INSTRUCTIONS-ORAL ARGUMENTS
|
|
| Docket Date |
2020-10-21
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF ORAL ARGUMENT VIA ZOOM
|
|
| Docket Date |
2020-08-03
|
| Type |
Notice
|
| Subtype |
Notice of Oral Argument
|
| Description |
NOTICE OF ORAL ARGUMENT
|
|
| Docket Date |
2020-06-26
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
Dorsey Evans
|
|
| Docket Date |
2020-06-26
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Dorsey Evans
|
|
| Docket Date |
2020-06-26
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Cost To Be Taxed ~ FOR MERIT PANEL CONSIDERATION
|
| On Behalf Of |
Dorsey Evans
|
|
| Docket Date |
2020-06-22
|
| 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 |
Dorsey Evans
|
|
| Docket Date |
2020-06-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Grant EOT Reply Brief ~ 6/26
|
|
| Docket Date |
2020-05-21
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ TO 6/19
|
| On Behalf Of |
Dorsey Evans
|
|
| Docket Date |
2020-04-30
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ FOR MERIT PANEL CONSIDERATION
|
| On Behalf Of |
Wilmington Savings Fund Society, FSB
|
|
| Docket Date |
2020-04-29
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Wilmington Savings Fund Society, FSB
|
|
| Docket Date |
2020-04-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Grant EOT for Answer Brief ~ AB BY 5/5
|
|
| Docket Date |
2020-04-06
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extensio of time to file Answer Brief
|
| On Behalf Of |
Wilmington Savings Fund Society, FSB
|
|
| Docket Date |
2020-03-06
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ TO 4/5
|
| On Behalf Of |
Wilmington Savings Fund Society, FSB
|
|
| Docket Date |
2020-02-05
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension - Answer Brief ~ TO 3/6
|
| On Behalf Of |
Wilmington Savings Fund Society, FSB
|
|
| Docket Date |
2020-01-06
|
| Type |
Motions Relating to Briefs
|
| Subtype |
Motion to Amend Brief
|
| Description |
Motion For Leave To File Amended Brief
|
| On Behalf Of |
Dorsey Evans
|
|
| Docket Date |
2020-01-06
|
| Type |
Order
|
| Subtype |
Order on Motion For Leave To File Amended Brief
|
| Description |
ORD-Granting Amended Brief ~ MOT GRANTED; AMEND IB FILED 1/6 ACCEPTED
|
|
| Docket Date |
2020-01-06
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief
|
| On Behalf Of |
Dorsey Evans
|
|
| Docket Date |
2019-12-06
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Dorsey Evans
|
|
| Docket Date |
2019-12-03
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Grant EOT for Initial Brief ~ IB BY 12/6
|
|
| Docket Date |
2019-11-21
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Dorsey Evans
|
|
| Docket Date |
2019-10-24
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 84 PAGES - TRANSCRIPTS
|
| On Behalf Of |
Clerk Brevard
|
|
| Docket Date |
2019-10-07
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-Discharging Show Cause ~ AA FILE AMEND MOT W/IN 5 DAYS
|
|
| Docket Date |
2019-10-07
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion Supplemental Record & Eot For Brief ~ AMENDED
|
| On Behalf Of |
Dorsey Evans
|
|
| Docket Date |
2019-10-07
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ & REQUEST TO SUPP ROA AND EOT FOR IB
|
| On Behalf Of |
Dorsey Evans
|
|
| Docket Date |
2019-10-04
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ AA W/IN 10 DAYS; DISCHARGED 10/7
|
|
| Docket Date |
2019-08-28
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 434 PAGES
|
| On Behalf Of |
Clerk Brevard
|
|
| Docket Date |
2019-07-25
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-Discharging Show Cause
|
|
| Docket Date |
2019-07-24
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ PER 7/11 ORDER
|
| On Behalf Of |
Dorsey Evans
|
|
| Docket Date |
2019-07-23
|
| Type |
Mediation
|
| Subtype |
Mediation Questionnaire
|
| Description |
Mediation Questionnaire ~ AE DAVID ROSENBERG 100963
|
| On Behalf Of |
Wilmington Savings Fund Society, FSB
|
|
| Docket Date |
2019-07-23
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order - Show Cause for failure to file amended NOA ~ W/IN 10 DAYS; DISCHARGED PER 7/25 ORDER
|
|
| Docket Date |
2019-07-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Wilmington Savings Fund Society, FSB
|
|
| Docket Date |
2019-07-18
|
| Type |
Mediation
|
| Subtype |
Mediation Questionnaire
|
| Description |
Mediation Questionnaire ~ AA BEAU BOWIN 0792551
|
| On Behalf Of |
Dorsey Evans
|
|
| Docket Date |
2019-07-11
|
| Type |
Order
|
| Subtype |
Mediation Order to Counsel
|
| Description |
Mediation Letter to Counsel
|
|
| Docket Date |
2019-07-11
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2019-07-11
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 7/10/19
|
| On Behalf Of |
Dorsey Evans
|
|
| Docket Date |
2019-07-11
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
