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LINDA SHAFFER, Petitioner(s) v. DEUTSCHE BANK NATIONAL TRUST COMPANY, AS INDENTURE TRUSTEE FOR AMERICAN HOME MORTGAGE INVESTMENT TRUST 2006-1 AND OCWEN FINANCIAL CORPORATION, Respondent(s).
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2D2024-0898
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2024-04-16
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Open
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| Classification |
Original Proceedings - Circuit Civil - Certiorari
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| Court |
2nd District Court of Appeal
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| Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Manatee County
2022 CA 1081
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Parties
| Name |
LINDA SHAFFER
|
| Role |
Petitioner
|
| Status |
Active
|
| Representations |
David William Smith
|
|
| Name |
AMERICAN HOME MORTGAGE LLC
|
| Role |
Respondent
|
| Status |
Active
|
|
| Name |
OCWEN FINANCIAL CORPORATION
|
| Role |
Respondent
|
| Status |
Active
|
| Representations |
Eve Alexis Cann, Matthew Feluren
|
|
| Name |
Manatee Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
DEUTSCHE BANK NATIONAL TRUST COMPANY
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| Role |
Respondent
|
| Status |
Active
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| Representations |
Michael Roy Esposito, Eve Alexis Cann, Matthew Feluren
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Docket Entries
| Docket Date |
2024-11-15
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| Type |
Motions Relating to Parties and Counsel
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| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
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| On Behalf Of |
DEUTSCHE BANK NATIONAL TRUST COMPANY
|
|
| Docket Date |
2024-10-31
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| Type |
Order
|
| Subtype |
Order on Motion to Withdraw Filing
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| Description |
Respondent's notice of withdrawing its motion for extension of time is treated as a motion to withdraw the motion for extension of time and is granted. Respondent's motion for extension of time, filed October 8, 2024, is withdrawn.
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| View |
View File
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| Docket Date |
2024-10-15
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| Type |
Motion
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| Subtype |
Withdraw (Misc)
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| Description |
APPELLEE'S NOTICE OF WITHDRAWING MOTION FOR EXTENSION OF TIME TO RESPOND TO PETITION FOR WRIT OF CERTIORARI
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| On Behalf Of |
DEUTSCHE BANK NATIONAL TRUST COMPANY
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| View |
View File
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|
| Docket Date |
2024-10-15
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| Type |
Record
|
| Subtype |
Appendix to Response
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| Description |
Appendix to Response
|
| On Behalf Of |
DEUTSCHE BANK NATIONAL TRUST COMPANY
|
|
| Docket Date |
2024-10-15
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| Type |
Response
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| Subtype |
Response
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| Description |
RESPONSE TO PETITION FOR WRIT OF CERTIORARI
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| On Behalf Of |
DEUTSCHE BANK NATIONAL TRUST COMPANY
|
|
| Docket Date |
2024-10-14
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
NOTICE OF APPEARANCE AND NOTICE OF DESIGNATION OF E-MAIL ADDRESSES
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| On Behalf Of |
OCWEN FINANCIAL CORPORATION
|
|
| Docket Date |
2024-10-14
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| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to File Response
|
| Description |
MOTION FOR EXTENSION OF TIME TO RESPOND TO PETITION FOR WRIT FOR CERTIORARI
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| On Behalf Of |
DEUTSCHE BANK NATIONAL TRUST COMPANY
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|
| Docket Date |
2024-10-02
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
DEUTSCHE BANK NATIONAL TRUST COMPANY
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|
| Docket Date |
2024-09-30
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to File Response
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| Description |
Respondents' unopposed motion for extension of time to serve the response is granted to the extent that the response shall be served within fifteen days of the date of this order. However, further motions for extension of time are unlikely to receive favorable consideration.
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| View |
View File
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| Docket Date |
2024-08-22
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| Type |
Response
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| Subtype |
Response
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| Description |
RESPONSE TO RESPONDENTS' THIRD MOTION FOR
EXTENSION OF TIME TO SERVE RESPONSE TO PETITION FOR
WRIT OF CERTIORARI
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| On Behalf Of |
LINDA SHAFFER
|
|
| Docket Date |
2024-08-22
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to File Response
|
| Description |
Motion for Extension of Time to File Response
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| On Behalf Of |
DEUTSCHE BANK NATIONAL TRUST COMPANY
|
|
| Docket Date |
2024-07-23
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to File Response
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| Description |
Respondent's motion for extension of time to serve the response is granted. The response shall be served by August 21, 2024. However, further motions for extension of time are unlikely to receive favorable consideration.
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| View |
View File
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| Docket Date |
2024-07-19
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to File Response
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| Description |
Motion for Extension of Time to File Response
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| On Behalf Of |
DEUTSCHE BANK NATIONAL TRUST COMPANY
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| Docket Date |
2024-06-25
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to File Response
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| Description |
Respondent's motion for extension of time to serve the response is granted. The response shall be served by July 22, 2024.
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| View |
View File
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| Docket Date |
2024-06-20
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to File Response
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| Description |
RESPONDENTS' UNOPPOSED MOTION FOR EXTENSION OF TIME
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| On Behalf Of |
DEUTSCHE BANK NATIONAL TRUST COMPANY
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| Docket Date |
2024-05-14
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| Type |
Miscellaneous Document
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| Subtype |
Pay Case Filing Fee-300
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| Description |
Pay Case Filing Fee-300
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| On Behalf Of |
LINDA SHAFFER
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| View |
View File
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| Docket Date |
2024-04-26
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
DEUTSCHE BANK NATIONAL TRUST COMPANY
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|
| Docket Date |
2024-04-16
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| View |
View File
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|
| Docket Date |
2024-04-16
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| Type |
Record
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| Subtype |
Appendix
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| Description |
Appendix
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| On Behalf Of |
LINDA SHAFFER
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|
| Docket Date |
2024-04-16
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| Type |
Petition
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| Subtype |
Petition
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| Description |
Petition
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| On Behalf Of |
LINDA SHAFFER
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| Docket Date |
2024-12-11
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| Type |
Order
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| Subtype |
Order on Motion To Withdraw as Counsel
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| Description |
The motion to withdraw as counsel for the Respondents filed by Attorney Michael R. Esposito is granted. Attorney Esposito and the law firm of Blank Rome LLP are relieved of further appellate responsibilities. Pursuant to their notices of appearance, Attorneys Eve A. Cann and Matthew R. Feluren are recognized as counsel for the Respondents in this proceeding.
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| View |
View File
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| Docket Date |
2024-10-15
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| Type |
Motion (SC)
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| Subtype |
Withdraw (Misc)
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| Description |
APPELLEE'S NOTICE OF WITHDRAWING MOTION FOR EXTENSION OF TIME TO RESPOND TO PETITION FOR WRIT OF CERTIORARI
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| On Behalf Of |
DEUTSCHE BANK NATIONAL TRUST COMPANY
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| View |
View File
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| Docket Date |
2024-05-20
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| Type |
Order
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| Subtype |
Order to File Response
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| Description |
Respondent shall serve a response to the Petition for Writ of Certiorari within thirty days from the date of this order. Petitioner may serve a reply within thirty days thereafter.
The parties shall keep this court apprised of all hearings or trial dates that may affect this proceeding.
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| View |
View File
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| Docket Date |
2024-04-16
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
This petition has been filed without a filing fee required by section 35.22(2)(a), Florida Statutes.
Counsel for Petitioner shall forward the required $300.00 filing fee or, if applicable, an affidavit of insolvency in conformity with the requirements of chapter 57, Florida Statutes, to this court within twenty days from the date of this order.
If this court does not receive either of the above within the prescribed time, this petition may be subject to dismissal without further notice.
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| View |
View File
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JAMES GIEHL, Appellant(s) v. PHH MORTGAGE CORPORATION, NEWREZ, LLC, OCWEN FINANCIAL CORPORATION, NEW PENN FINANCIAL, LLC, SHELLPOINT MORTGAGE SERVICING, Appellee(s).
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2D2023-2397
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2023-11-06
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Open
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| Classification |
NOA Final - Circuit Civil - Other
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| Court |
2nd District Court of Appeal
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| Originating Court |
Circuit Court for the Twelfth Judicial Circuit, Sarasota County
2023CA-003515NC
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Parties
| Name |
JAMES GIEHL
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| Role |
Appellant
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| Status |
Active
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|
| Name |
PHH MORTGAGE CORPORATION
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| Role |
Appellee
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| Status |
Active
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| Name |
NEWREZ LLC
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| Role |
Appellee
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| Status |
Active
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| Name |
OCWEN FINANCIAL CORPORATION
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| Role |
Appellee
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| Status |
Active
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| Representations |
Peter Anthony Hernandez
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|
| Name |
NEW PENN FINANCIAL, LLC
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| Role |
Appellee
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| Status |
Active
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|
| Name |
HON. STEPHEN WALKER
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
Sarasota Clerk
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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|
| Name |
SHELLPOINT MORTGAGE SERVICING
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| Role |
Appellee
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| Status |
Active
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| Representations |
James Henry Wyman, Steven Brian Greenfield
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Docket Entries
| Docket Date |
2024-11-22
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Brief
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| On Behalf Of |
JAMES GIEHL
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| View |
View File
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| Docket Date |
2024-11-01
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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| Description |
Appellant's motion for extension of time is granted, and the initial brief shall be served within 21 days from the date of this order.
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| View |
View File
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| Docket Date |
2024-10-14
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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 |
Motion for Extension of Time to Serve Initial Brief
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| On Behalf Of |
JAMES GIEHL
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| Docket Date |
2024-08-26
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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 |
Motion for Extension of Time to Serve Initial Brief
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| On Behalf Of |
JAMES GIEHL
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| Docket Date |
2024-07-10
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| Type |
Misc. Events
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| Subtype |
Status Report
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| Description |
Status Report
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| On Behalf Of |
JAMES GIEHL
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| Docket Date |
2024-06-06
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| Type |
Order
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| Subtype |
Abeyance Order
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| Description |
Because the lower tribunal has disposed of the motion(s) that suspend rendition as set forth in Florida Rule of Appellate Procedure 9.020(h), this appeal is no longer in abeyance and shall proceed.
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| View |
View File
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| Docket Date |
2024-05-28
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| Type |
Record
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| Subtype |
Appendix
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| Description |
Appendix
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| On Behalf Of |
JAMES GIEHL
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| Docket Date |
2024-05-28
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| Type |
Misc. Events
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| Subtype |
Status Report
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| Description |
Status Report
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| On Behalf Of |
JAMES GIEHL
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| Docket Date |
2024-04-26
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| Type |
Order
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| Subtype |
Order to File Status Report
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| Description |
Appellant shall file a status report regarding motions tolling rendition within thirty days from the date of this order.
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| View |
View File
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| Docket Date |
2024-04-25
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
SHELLPOINT MORTGAGE SERVICING
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| Docket Date |
2024-04-22
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| Type |
Misc. Events
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| Subtype |
Miscellaneous Trial Court Document
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| Description |
Miscellaneous Trial Court Document - APPENDIX TO STATUS REPORT
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| On Behalf Of |
JAMES GIEHL
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| Docket Date |
2024-04-17
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
OCWEN FINANCIAL CORPORATION
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| Docket Date |
2024-04-10
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| Type |
Order
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| Subtype |
Order to File Status Report
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| Description |
status report within * days ~ On February 9, 2024, and March 13, 2024, this court issued orders requiring status reports from Appellant stating what actions Appellant had taken to obtain a ruling on his November 13, 2023, motion tolling rendition. Although Appellant has reported on his actions in the lower tribunal, those actions have not had the aim of resolving his pending motion. Within ten days of the date of this order, Appellant shall file a status report demonstrating that Appellant has either (1) set his November 13, 2023, motion for a hearing in the lower tribunal; or (2) withdrawn his November 13, 2023, motion.
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| Docket Date |
2024-04-08
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| Type |
Misc. Events
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| Subtype |
Status Report
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| Description |
Status Report
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| On Behalf Of |
JAMES GIEHL
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| Docket Date |
2024-04-08
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| Type |
Notice
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| Subtype |
Appendix/Attachment to Notice
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| Description |
Appendix/Attachment to Notice
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| On Behalf Of |
JAMES GIEHL
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| Docket Date |
2024-04-03
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| Type |
Order
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| Subtype |
Order
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| Description |
MISCELLANEOUS ORDER ~ Compliance with this court's March 13, 2024, order is overdue. Within five daysof the date of this order, Appellant shall file an updated status report on the motiontolling rendition, or sanctions including dismissal of this appeal may follow.
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| Docket Date |
2024-03-13
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| Type |
Order
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| Subtype |
Abeyance Order
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| Description |
Appeal In Abeyance ~ Appellant's status report fails to state what actions Appellant has taken to obtaina ruling on his November 13, 2023, motion pending in the lower tribunal. This court isobligated to hold this appeal in abeyance until that motion is resolved or withdrawn bywritten notice. Fla. R. App. P. 9.020(h)(2)(A). Within fifteen days of the date of thisorder, Appellant shall file an updated status report stating what actions Appellant hastaken, such as setting the motion for a hearing, to obtain a ruling on the motion.
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| Docket Date |
2024-03-11
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| Type |
Misc. Events
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| Subtype |
Status Report
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| Description |
Status Report
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| On Behalf Of |
JAMES GIEHL
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| Docket Date |
2024-02-09
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| Type |
Order
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| Subtype |
Order to File Status Report
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| Description |
status report within * days ~ Appellant shall file a status report regarding motions tolling rendition within 30 days from the date of this order. The status report must state what actions Appellant has taken to obtain a ruling on his November 13, 2023, motion pending in the lower tribunal. See Al-Hakim v. State, 783 So. 2d 293, 294 (Fla. 5th DCA 2001) ("It is well-settled that in a civil proceeding, it is generally necessary to bring a pending matter to the trial court's attention by having it noticed for hearing.")
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| Docket Date |
2024-02-05
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| Type |
Misc. Events
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| Subtype |
Status Report
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| Description |
Status Report
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| On Behalf Of |
JAMES GIEHL
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| Docket Date |
2024-01-26
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| Type |
Order
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| Subtype |
Order to File Status Report
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| Description |
status report within * days ~ Appellant shall file a status report regarding motions tolling rendition within 10days from the date of this order.
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| Docket Date |
2023-12-21
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
SHELLPOINT MORTGAGE SERVICING
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| Docket Date |
2023-12-21
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| Type |
Order
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| Subtype |
Order on Miscellaneous Motion
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| Description |
Grant Miscellaneous Motion-79 ~ Appellant's "request to place case in pending" motion is granted to the extent thatit appears that motion(s) are pending in the lower tribunal with the effect of delayingrendition pursuant to Florida Rule of Appellate Procedure 9.020(h). This appeal is heldin abeyance. If there are no such motions pending, Appellant shall notify this courtwithin five days. If there are such motion(s) pending, Appellant shall notify this courtupon disposition of the motion(s) or shall file a status report within thirty days, whicheveroccurs first.
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| Docket Date |
2023-12-05
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| Type |
Motions Other
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| Subtype |
Miscellaneous Motion
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| Description |
Miscellaneous Motion ~ REQUEST TO PLACE CASE IN PENDING
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| On Behalf Of |
JAMES GIEHL
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| Docket Date |
2023-11-28
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| Type |
Order
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| Subtype |
Show Cause re No Order Appealed
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| Description |
OSC - no order appealed ~ ***DISCHARGED PER 11/28/23 ORDER***Appellant shall show cause within fifteen days why this appeal should not be dismissed for lack of jurisdiction, as appellant has failed to provide a copy of the order appealed as required by the Florida Rules of Appellate Procedure, and this court is unable thereby to determine its jurisdiction.
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| Docket Date |
2023-11-21
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| Type |
Notice
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| Subtype |
Notice of Filing
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| Description |
Notice of Filing ~ NOTICE OF APPEALED ORDER ATTACHMENT
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| On Behalf Of |
JAMES GIEHL
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|
| Docket Date |
2023-11-06
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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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|
| Docket Date |
2023-11-06
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed ~ NOT CERTIFIED
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| On Behalf Of |
JAMES GIEHL
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|
| Docket Date |
2023-11-06
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| Type |
Order
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| Subtype |
Certify Notice of Appeal
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| Description |
Notice to be Certified ~ Appellant filed the notice of appeal in this court. A copy is attached to this order. The lower tribunal clerk shall promptly certify the notice and return it to this court as with any notice of appeal, accompanied by any order of indigency that may have been entered by the lower tribunal. The notice of appeal shall be returned for filing in this case number.
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| Docket Date |
2023-11-06
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter 1
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|
| Docket Date |
2025-01-08
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| Type |
Order
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| Subtype |
Order on Motion to Withdraw Filing
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| Description |
Appellees' "notice of withdrawal of notice of agreed extension of time to serve reply to initial brief" is treated as a motion to withdraw the notice of agreed extension of time and is granted. Appellees' notice of agreed extension of time, filed December 12, 2024, is withdrawn. Appellant's motion to strike the notice of agreed extension of time is denied as moot.
Appellees' motion for extension of time is granted, and the answer brief shall be served by February 19, 2025.
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| View |
View File
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| Docket Date |
2025-01-07
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| Type |
Notice
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| Subtype |
Notice
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| Description |
AMENDED NOTICE OF WITHDRAWAL OF NOTICE OF AGREED EXTENSION OF TIME TO SERVE RESPONSE TO INITIAL BRIEF AND RESPONSE TO APPELLANT'S MOTION TO STRIKE
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| On Behalf Of |
OCWEN FINANCIAL CORPORATION
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| Docket Date |
2024-12-17
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Answer Brief
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| Description |
Motion for Extension of Time to Serve Answer Brief
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| On Behalf Of |
OCWEN FINANCIAL CORPORATION
|
|
| Docket Date |
2024-12-16
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| Type |
Order
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| Subtype |
Order to File Response
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| Description |
Appellees shall respond to Appellant's motion to strike within 15 days of the date of this order.
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| View |
View File
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| Docket Date |
2024-12-16
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| Type |
Notice
|
| Subtype |
Notice
|
| Description |
NOTICE OF WITHDRAWAL OF NOTICE OF AGREED EXTENSION OF TIME TO SERVE REPLY TO INITIAL BRIEF AND RESPONSE TO APPELLANT'S MOTION TO STRIKE
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| On Behalf Of |
OCWEN FINANCIAL CORPORATION
|
|
| Docket Date |
2024-12-13
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike
|
| On Behalf Of |
JAMES GIEHL
|
|
| Docket Date |
2024-12-12
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
90 DAYS - AB DUE ON 03/12/25
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| On Behalf Of |
SHELLPOINT MORTGAGE SERVICING
|
|
| Docket Date |
2024-12-11
|
| Type |
Record
|
| Subtype |
Record on Appeal Redacted
|
| Description |
3839 PAGES
|
| On Behalf Of |
Sarasota Clerk
|
|
| Docket Date |
2024-12-09
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
APPEAL PAYMENT UPDATE FOR THE HONORABLE CLERK
|
| On Behalf Of |
JAMES GIEHL
|
|
| Docket Date |
2024-12-06
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Sarasota Clerk
|
|
| Docket Date |
2024-09-12
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Appellant's motion for extension to file initial brief is granted to the extent that Appellant shall serve the initial brief within thirty days of the date of this order. Appellant's motion for request to Sarasota clerk is denied. For the transcripts mentioned in the motion to be considered, Appellant must file a motion to supplement the record in this court. The motion must: (1) state whether the proceeding was recorded; (2) identify the court reporting entity; and (3) demonstrate, with documentation from the court reporting entity, that financial arrangements for transcription have been made.
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View File
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EDWARD S. RHODES VS BANK OF NEW YORK MELLON
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4D2019-3707
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2019-12-05
|
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
2019CA009051XXXMB
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Parties
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
Edward Rhodes
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
BANK OF NEW YORK MELLON
|
| Role |
Appellee
|
| Status |
Dismissed
|
| Representations |
Michael J. Krzywicki, Christian James Bromley, Kenneth R. Drake, Zina Gabsi, W. Bard Brockman, Jarrett Evan Cooper, Steven J. Clarfield, David Yehuda Rosenberg
|
|
| Name |
EXIT 22, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PHH MORTGAGE CORP.
|
| Role |
Appellee
|
| Status |
Dismissed
|
|
| Name |
Bryan Cave Leighton Paisner, LLP
|
| Role |
Appellee
|
| Status |
Dismissed
|
|
| Name |
Morris Laing Evans Brock & Kennedy, Chtd
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Robertson, Anschutz & Schneid
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
OCWEN FINANCIAL CORPORATION
|
| Role |
Appellee
|
| Status |
Dismissed
|
|
| Name |
Clarfield Okon Salomone & Pincus PL
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Glenn Kelley
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-04-06
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2020-04-06
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismissal ~ Upon consideration of appellant’s February 24, 2020 response; appellee Morris Laing Evans Brock & Kennedy Chartered’s March 6, 2020 reply to appellant’s response; and appellee Clarfield, Okon, Salomone & Pincus, PLLC, n/k/a Exit 22, LLC’s March 11, 2020 amended reply to appellant’s response, it is ORDERED sua sponte that this appeal is dismissed, as a notice of appeal regarding a trial court order entered as to either appellee was filed below or with this Court.Further, ORDERED that the motion by Bank of NY Mellon, Owen Financial Corporation, PHH Mortgage Corporation, Bryan Cave Leighton Paisner LLP, and Robertson, Anschutz & Schneid, P.L., (collectively the non-parties) for leave to file reply to appellant's response to this court's order is denied as moot, as these parties are no longer parties to this appeal.Further, ORDERED that non-parties’ proposed reply shall be stricken.LEVINE, C.J., CIKLIN and CONNER, JJ., concur.
|
|
| Docket Date |
2020-03-12
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ (Clarfield, Okon, Salomone & Pincus, PLLC, n/k/a Exit 22,LLC )
|
| On Behalf Of |
BANK OF NEW YORK MELLON
|
|
| Docket Date |
2020-03-11
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response ~ (Clarfield, Okon, Salomone & Pincus, PLLC, n/k/a Exit 22,LLC ) AMENDED
|
| On Behalf Of |
BANK OF NEW YORK MELLON
|
|
| Docket Date |
2020-03-09
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response ~ (Clarfield, Okon, Salomone & Pincus, PLLC, n/k/a Exit 22,LLC )
|
| On Behalf Of |
BANK OF NEW YORK MELLON
|
|
| Docket Date |
2020-03-06
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response ~ (Morris Laing Evans Brock & Kennedy Chartered)
|
| On Behalf Of |
BANK OF NEW YORK MELLON
|
|
| Docket Date |
2020-02-27
|
| Type |
Response
|
| Subtype |
Reply to Response
|
| Description |
Reply to Response ~ **STRICKEN** (PROPOSED) TO THE COURT'S FEBRUARY 17, 2020 ORDER
|
| On Behalf Of |
BANK OF NEW YORK MELLON
|
|
| Docket Date |
2020-02-27
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ NON-PARTIES' MOTION FOR LEAVE TO FILE REPLY TO APPELLANT'S RESPONSE TO FEBRUARY 17, 2020 ORDER
|
| On Behalf Of |
BANK OF NEW YORK MELLON
|
|
| Docket Date |
2020-02-25
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
ORD-Appellee to File Response ~ ORDERED that appellees, Clarfield Okon Salomone & Pincus, PL, Exit 22 LLC and Morris Laing Evans Brock & Kennedy are directed to reply, within ten (10) days from the date of this order, to appellant’s February 24, 2020 response.
|
|
| Docket Date |
2020-02-24
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response ~ TO THE 02/17/2020 ORDER
|
| On Behalf Of |
Edward Rhodes
|
|
| Docket Date |
2020-02-19
|
| Type |
Brief
|
| Subtype |
Amended Initial Brief
|
| Description |
Amended Appellant's Initial Brief
|
| On Behalf Of |
Edward Rhodes
|
|
| Docket Date |
2020-02-17
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the February 14, 2020 partial notice of voluntary dismissal, this case is dismissed as to Bank of New York Mellon, Ocwen Financial Corporation, PHH Mortgage Corporation, Bryan Cave Leighton Paisner LLP, and Robertson, Anschutz & Schneid, P.L. It is further ORDERED that within five (5) days from the date of this order, appellant shall file a response with this court which identifies the remaining appellees in this case.
|
|
| Docket Date |
2020-02-14
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that the February 12, 2020 “partial voluntary dismissal with prejudice” is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service does not comply in substance with the requirements of Florida Rule of Judicial Administration 2.516(f).
|
|
| Docket Date |
2020-02-14
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ PARTIAL
|
| On Behalf Of |
BANK OF NEW YORK MELLON
|
|
| Docket Date |
2020-02-12
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
BANK OF NEW YORK MELLON
|
|
| Docket Date |
2020-02-12
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ **STRICKEN** PARTIAL
|
| On Behalf Of |
BANK OF NEW YORK MELLON
|
|
| Docket Date |
2020-02-10
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
Stricken - No or Noncompliant Cert. of Service ~ ORDERED that appellant's February 7, 2020 initial brief is stricken as not in compliance with Florida Rule of Appellate Procedure 9.420(d) in that the certificate of service is insufficient. You are notified of the requirement to serve the appellee with a copy of everything you file with this court and to indicate in the certificate of service that you served the appellee.Appellant may re-file the document with a proper certificate of service which indicates service on the appellee within fifteen (15) days from the date of this order.
|
|
| Docket Date |
2020-02-07
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits ~ **STRICKEN**
|
| On Behalf Of |
Edward Rhodes
|
|
| Docket Date |
2020-01-13
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 380 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2019-12-23
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ FINAL ORDER OF DISMISSAL
|
| On Behalf Of |
Edward Rhodes
|
|
| Docket Date |
2019-12-20
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
BANK OF NEW YORK MELLON
|
|
| Docket Date |
2019-12-19
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal
|
| On Behalf Of |
Edward Rhodes
|
|
| Docket Date |
2019-12-16
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Order Denying Emergency Motion to Stay ~ ORDERED that appellant's December 13, 2019 request for emergency treatment is denied. Further, ORDERED that appellant's December 13, 2019 "emergency motion to stay the foreclosure sale of plaintiff's property" is denied.
|
|
| Docket Date |
2019-12-13
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Emergency Motion To Stay
|
| On Behalf Of |
Edward Rhodes
|
|
| Docket Date |
2019-12-06
|
| Type |
Order
|
| Subtype |
Amended/Additional Filing(s) Needed
|
| Description |
Order for Amendment to Notice of Appeal ~ ORDERED that the appellant is directed to file, within ten (10) days from the date of this order, an amended Notice of Appeal with a certificate of service that states the name of the attorney of record for the appellee and his/her physical address.
|
|
| Docket Date |
2019-12-06
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-12-05
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2019-12-05
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Edward Rhodes
|
|
|
|
DOV SUSSMAN VS OCWEN LOAN SERVICING, L L C, ET AL
|
2D2015-3876
|
2015-09-08
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County
12-CA-5793
|
Parties
| Name |
DOV SUSSMAN
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
TERESA M. GAFFNEY
|
|
| Name |
OCWEN FINANCIAL CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
OCWEN LOAN SERVICING, L L C, (DNU)
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
M. W. SMITH, ESQ., MICHAEL W. SMITH, ESQ.
|
|
| Name |
HILLSBOROUGH CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-06-08
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2016-05-13
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2016-02-04
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
DOV SUSSMAN
|
|
| Docket Date |
2016-01-29
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
OCWEN LOAN SERVICING, L L C, (DNU)
|
|
| Docket Date |
2016-01-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ -cm
|
|
| Docket Date |
2016-01-19
|
| 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 |
OCWEN LOAN SERVICING, L L C, (DNU)
|
|
| Docket Date |
2015-12-21
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
ORDER GRANTING EOT FOR ANSWER BRIEF ~ -cm
|
|
| Docket Date |
2015-12-16
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ LEVENS
|
|
| Docket Date |
2015-12-16
|
| 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 |
OCWEN LOAN SERVICING, L L C, (DNU)
|
|
| Docket Date |
2015-12-07
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
Order Denying Extension of Answer Brief ~ CM
|
|
| Docket Date |
2015-12-02
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
OCWEN LOAN SERVICING, L L C, (DNU)
|
|
| Docket Date |
2015-12-02
|
| 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 |
OCWEN LOAN SERVICING, L L C, (DNU)
|
|
| Docket Date |
2015-11-12
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
DOV SUSSMAN
|
|
| Docket Date |
2015-11-12
|
| Type |
Order
|
| Subtype |
Order Discharging Show Cause Order
|
| Description |
ORD-DISCHARGING SHOW CAUSE ~ MBK-OSC ord of 9-28-15
|
|
| Docket Date |
2015-11-03
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Miscellaneous Trial Court Order ~ FINAL SUMMARY JUDGMENT
|
| On Behalf Of |
HILLSBOROUGH CLERK
|
|
| Docket Date |
2015-10-14
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Grant EOT (general)-74c ~ CM
|
|
| Docket Date |
2015-10-13
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time
|
| Description |
Motion for Extension of Time ~ MOTION FOR ENLARGEMENT OF TIME WITHIN WHICH TO FILE A RESPONSE TO THE ORDER OF 28 SEPTEMBER 2015. MOTION FOR ENLARGEMENTOF TIME WITHIN WHICH TO FILE THE INITIAL BRIEF OF PLAINTIFF/APPELLANT.
|
| On Behalf Of |
DOV SUSSMAN
|
|
| Docket Date |
2015-10-01
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Miscellaneous Trial Court Document ~ MOTION FOR ENTRY OF ORDER CONFIRMING THE GRANTING OF SUMMARYJUDGMENT IN FAVOR OF THE DEFENDANTS.
|
| On Behalf Of |
HILLSBOROUGH CLERK
|
|
| Docket Date |
2015-09-28
|
| Type |
Order
|
| Subtype |
Show Cause Jurisdiction
|
| Description |
OSC/Better Gov't Ass'n [summary judgment) ~ **DISCHARGED**( see ord of 11-12-15) CM
|
|
| Docket Date |
2015-09-21
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Miscellaneous Trial Court Order ~ ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON FRAUD COUNT
|
| On Behalf Of |
HILLSBOROUGH CLERK
|
|
| Docket Date |
2015-09-17
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ CM - The circuit court's order denying plaintiff's motion for reconsideration as to defendant's motion for summary judgment on fraud count has been filed with this court. Orders denying rehearing are not independently appealable. They do, however, if authorized and timely filed, toll rendition of an otherwise appealable order. So that the court may determine its jurisdiction, the appellant shall submit a copy of the order for which review is sought within ten days, failing which this appeal may be dismissed without further notice.
|
|
| Docket Date |
2015-09-17
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2015-09-15
|
| Type |
Misc. Events
|
| Subtype |
Miscellaneous Trial Court Document
|
| Description |
Miscellaneous Trial Court Order ~ ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION AS TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ON FRAUD COUNT
|
| On Behalf Of |
DOV SUSSMAN
|
|
| Docket Date |
2015-09-09
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2015-09-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
| Docket Date |
2015-09-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
DOV SUSSMAN
|
|
| Docket Date |
2015-09-08
|
| Type |
Miscellaneous Document
|
| Subtype |
Lower Tribunal Transmittal Cover Sheet
|
| Description |
LOWER TRIBUNAL TRANSMITTAL COVER SHEET
|
| On Behalf Of |
HILLSBOROUGH CLERK
|
|
|
