|
Skypar International, Inc., etc., Appellant(s), v. Eastern Financial Mortgage Corporation, etc., et al., Appellee(s).
|
3D2023-1415
|
2023-08-04
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
22-1636
|
Parties
| Name |
Skypar International, Inc.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Kristen Marie Fiore, Ilana Gorenstein, Alexandra M. Mora, Howard Jay Harrington
|
|
| Name |
EASTERN FINANCIAL MORTGAGE CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Mayda Z. Mallory, Glen H. Waldman, Michael Alan Sayre, Marlon Jay Weiss
|
|
| Name |
SEASIDE VILLAS CONDOMINIUM ASSOCIATION, INC. (FISHER ISLAND)
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
FISHER ISLAND COMMUNITY ASSOCIATION, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Gina Beovides
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2023-08-24
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Skypar International, Inc.
|
|
| Docket Date |
2023-10-18
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Appellee, Eastern Financial Response to Skypar's Motion to Confirm Abatement
|
| On Behalf Of |
Eastern Financial Mortgage Corporation
|
|
| Docket Date |
2024-02-15
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2024-02-15
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp. w/o Mandate
|
|
| Docket Date |
2024-01-26
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Upon the Court's own motion, it is ordered that the above-styled appeal is hereby dismissed without prejudice to Appellant appealing if, and when, the trial court enters a final order.
LOGUE, C.J., and MILLER and GORDO, JJ., concur.
|
| View |
View File
|
|
| Docket Date |
2024-01-24
|
| Type |
Response
|
| Subtype |
Reply
|
| Description |
Reply to Appellant's Response to Order to Show Cause
|
| On Behalf Of |
Eastern Financial Mortgage Corporation
|
|
| Docket Date |
2024-01-22
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Appellant's Response to Court's January 5, 2024 Order to Show Cause
|
| On Behalf Of |
Skypar International, Inc.
|
|
| Docket Date |
2024-01-05
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Because Appellant has indicated that on October 26, 2023, the
trial court entered an order that vacated the two orders being appealed,
Appellant is ordered to show cause, within fifteen (15) days from the date of
this Order, as to why this case should not be dismissed subject to being
refiled if, and when, the court enters an appealable order adverse to
Appellant. Appellant shall attach to its filing a copy of the court's October 26,
2023, order. Appellees may file a reply within seven (7) days thereafter.
Order
|
| View |
View File
|
|
| Docket Date |
2024-01-03
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Appellant's Status Report and Motion to Extend Abatement
|
| On Behalf Of |
Eastern Financial Mortgage Corporation
|
|
| Docket Date |
2023-12-20
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Appellees are ordered to file a response to Appellant's Status
Report and Motion to Extend Abatement Period, within ten (10) days from of
this Order.
Order to File Response
|
| View |
View File
|
|
| Docket Date |
2023-12-19
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Appellant's Updated Status Report and Motion to Extend Abatement Period
|
| On Behalf Of |
Skypar International, Inc.
|
|
| Docket Date |
2023-11-27
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Appellant's Response to the Motion for Review is noted.
Upon consideration, Appellee Eastern Financial Mortgage
Corporation's Motion for Review of Vacatur, and Alternative Writ of
Prohibition, is denied.
Appellee Eastern Financial Mortgage Corporation's Motion for Leave
to File a Reply is denied as unauthorized.
Order
|
| View |
View File
|
|
| Docket Date |
2023-11-22
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Appellee's Motion for leave to Reply
|
| On Behalf Of |
Eastern Financial Mortgage Corporation
|
|
| Docket Date |
2023-11-21
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Appellant's Response to Appellee's Motion for Review of Vacatur of Non-final Order after Judgment and Alternative Writ of Prohibition
|
| On Behalf Of |
Skypar International, Inc.
|
|
| Docket Date |
2023-11-06
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report
|
| On Behalf Of |
Skypar International, Inc.
|
|
| Docket Date |
2023-11-03
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Motion for Review of Vactur of Nonfinal Order after Judgment and Alternative Writ of Prohibition
|
| On Behalf Of |
Eastern Financial Mortgage Corporation
|
|
| Docket Date |
2023-11-03
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Motion for Review
|
| On Behalf Of |
Eastern Financial Mortgage Corporation
|
|
| Docket Date |
2023-10-20
|
| Type |
Order
|
| Subtype |
Order on Motion To Abate
|
| Description |
Upon consideration of Appellant's Motion to Confirm Abatement Because
of Pending Motion, the Motion is granted in part. This appeal is in abeyance for a
period of sixty (60) days from the date of this Order. Appellant is ordered to file a status
report within fifteen (15) days from the date of this Order, regarding the status of its
pending motions before the trial court.
Order on Motion To Abate
|
| View |
View File
|
|
| Docket Date |
2023-10-18
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Appellee, Eastern Financial Response to Skypar's Motion to Confirm Abatement
|
| On Behalf Of |
Eastern Financial Mortgage Corporation
|
|
| Docket Date |
2023-10-16
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2023-10-05
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Eastern Financial Mortgage Corporation
|
|
| Docket Date |
2023-10-05
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Motion to Confirm Abatement Because of Pending Motion
|
| On Behalf Of |
Skypar International, Inc.
|
|
| Docket Date |
2023-08-04
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee-civil w/atty (OR14B) ~ This is to notify counsel for Appellant that the filing and prosecution of a notice of appeal in this Court is not acceptable without compliance with the Florida Rules of Appellate Procedure. Therefore, this appeal will be dismissed unless the required three hundred dollar ($300.00) fee is paid to the Clerk of the Court on or before August 14, 2023.
|
|
| Docket Date |
2023-08-04
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
| Docket Date |
2023-08-04
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Skypar International, Inc.
|
|
| Docket Date |
2023-08-04
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
Skypar International, Inc.
|
|
|
|
ELENA TEMNIKOVA AND MAXIM TEMNIKOVA, VS EASTERN FINANCIAL MORTGAGE CORPORATION,
|
3D2021-1686
|
2021-08-20
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
20-6626
|
Parties
| Name |
MAXIM TEMNIKOVA
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
ELENA TEMNIKOVA
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Mark L. Pomeranz
|
|
| Name |
EASTERN FINANCIAL MORTGAGE CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
W. Aaron Daniel, William D. Mueller, DIANE NOLLER WELLS, Elliot B. Kula
|
|
| Name |
HON. ALAN FINE
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-08-23
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ APPELLANTS' NOTICE OF FILING TRANSCRIPT
|
| On Behalf Of |
ELENA TEMNIKOVA
|
|
| Docket Date |
2021-08-23
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ APPELLANTS' MOTION TO STAY LOWER COURT PROCEEDINGS
|
| On Behalf Of |
ELENA TEMNIKOVA
|
|
| Docket Date |
2021-08-20
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-08-20
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
Eastern Financial Mortgage Corporation
|
|
| Docket Date |
2021-12-03
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
ELENA TEMNIKOVA
|
|
| Docket Date |
2021-12-03
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2021-12-03
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-12-03
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2021-12-03
|
| Type |
Notice
|
| Subtype |
Voluntary Dismissal
|
| Description |
Voluntary Dismissal Recognized (OG33) ~ IT IS HEREBY ORDERED that the appellants’ Notice of Voluntary Dismissal is recognized by the Court, and this appeal from the Circuit Court for Miami-Dade County, Florida, is hereby dismissed. Upon consideration of Appellee’s Motion for Order Determining Entitlement to Appellate Attorney’s Fees, it is ordered that said Motion is granted, and the matter is remanded to the trial court to fix a reasonable amount.
|
|
| Docket Date |
2021-11-11
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Eastern Financial Mortgage Corporation
|
|
| Docket Date |
2021-10-28
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion to Dismiss Denied (OD32) ~ Upon consideration, Appellee’s Renewed Motion to Dismiss the Appeal for Failure to File the Initial Brief is hereby denied as moot. MILLER, LOBREE and BOKOR, JJ., concur.
|
|
| Docket Date |
2021-10-25
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
ELENA TEMNIKOVA
|
|
| Docket Date |
2021-10-25
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix
|
| On Behalf Of |
ELENA TEMNIKOVA
|
|
| Docket Date |
2021-10-13
|
| Type |
Order
|
| Subtype |
Order to Serve Brief
|
| Description |
AA to file intitial brief w/in 10 days (OR21A) ~ Pursuant to the time schedule provided in the Florida Rules of Appellate Procedure, the time for filing the initial brief has expired. This cause will be subject to dismissal unless the document referred to is filed within ten (10) days from the date of this Order, or within said time the Court is otherwise notified that this matter is being diligently prosecuted.
|
|
| Docket Date |
2021-10-12
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ RENEWED MOTIONTO DISMISS APPEAL FOR FAILURE TO FILE INITIAL BRIEF
|
| On Behalf Of |
Eastern Financial Mortgage Corporation
|
|
| Docket Date |
2021-09-21
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion to Dismiss Denied (OD32) ~ Upon consideration, Appellee’s Motion to Dismiss the Appeal for Lack of Jurisdiction is hereby denied. See Speedway SuperAmerica,LLC v. Tropic Enters., Inc., 966 So. 2d 1, 2 (Fla. 2d DCA 2007) ("[A]n orderdirecting the issuance of a writ of possession . . . is subject to interlocutoryreview as an order that determines 'the right to immediate possession ofproperty.'" (quoting Fla. R. App. P. 9.130(a)(3)(C)(ii))).
|
|
| Docket Date |
2021-09-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 2 ~ CORRECTED TO REFLECT THAT THIS IS A NON-FINAL APPEAL
|
|
| Docket Date |
2021-09-01
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ SUPPLEMENTAL NOTICE OF APPEAL-CERTIFIED.
|
| On Behalf Of |
ELENA TEMNIKOVA
|
|
| Docket Date |
2021-08-31
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss ~ APPELLEE'S MOTION TO DISMISS APPEAL FOR LACK OF JURISDICTION, OR IN THE ALTERNATIVE, TO RECLASSIFY APPEAL AS NON-FINAL APPEAL GOVERNED BY RULE 9.130
|
| On Behalf Of |
Eastern Financial Mortgage Corporation
|
|
| Docket Date |
2021-08-31
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLEE'S MOTION FOR ORDER DETERMINING ENTITLEMENT TO APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
Eastern Financial Mortgage Corporation
|
|
| Docket Date |
2021-08-30
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ SUPPLEMENTAL NOTICE OF APPEAL-NOT CERTIFIED.
|
| On Behalf Of |
ELENA TEMNIKOVA
|
|
| Docket Date |
2021-08-25
|
| Type |
Notice
|
| Subtype |
Amended Notice of Appeal
|
| Description |
Amended Notice of Appeal ~ CERTIFIED.
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2021-08-24
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Stay Denied (OD26) ~ Upon consideration, Appellants’ Motion to Stay Lower Court Proceedings is hereby denied. MILLER, LOBREE and BOKOR, JJ., concur.
|
|
| Docket Date |
2021-08-24
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
ELENA TEMNIKOVA
|
|
| Docket Date |
2021-08-24
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ APPELLANTS' NOTICE OF FILING TRANSCRIPT
|
| On Behalf Of |
ELENA TEMNIKOVA
|
|
| Docket Date |
2021-08-24
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay ~ APPELLANTS' MOTION TO STAY LOWER COURT PROCEEDINGS
|
| On Behalf Of |
ELENA TEMNIKOVA
|
|
| Docket Date |
2021-08-20
|
| Type |
Order
|
| Subtype |
Show Cause re No Order Appealed
|
| Description |
AA TO FILE ORDER APPEALED (OR34) ~ Appellants are ordered to file, within ten (10) days from the date of this Order, a conformed copy of the order or orders designated in the Notice of Appeal. See Fla. R. App. P. 9.110(d).
|
|
| Docket Date |
2021-08-20
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments. The 3DCA $300 filing fee for a notice of appeal is due.
|
|
|
|
ELENA TEMNIKOVA, et al., VS EASTERN FINANCIAL MORTGAGE CORPORATION,
|
3D2021-1301
|
2021-06-14
|
Closed
|
|
| Classification |
NOA Non Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
20-6626
|
Parties
| Name |
ELENA TEMNIKOVA
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Mark L. Pomeranz
|
|
| Name |
MAXIM TEMNIKOVA
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
EASTERN FINANCIAL MORTGAGE CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
DIANE NOLLER WELLS, Elliot B. Kula, W. Aaron Daniel, William D. Mueller
|
|
| Name |
HON. ALAN FINE
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-07-30
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2021-07-19
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2021-07-19
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2021-07-19
|
| Type |
Notice
|
| Subtype |
Voluntary Dismissal
|
| Description |
Voluntary Dismissal Recognized (OG33) ~ IT IS HEREBY ORDERED that the appellants’ Notice of Voluntary Dismissal of Non-Final Appeal is recognized by the Court, and this appeal from the Circuit Court for Miami-Dade County, Florida, is hereby dismissed.
|
|
| Docket Date |
2021-07-19
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2021-07-19
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal ~ APPELLANTS' NOTICE OF VOLUNTARYDISMISSAL OF NON-FINAL APPEALGOVERNED BY RULE 9.130's ACCELERATED SCHEDULE
|
| On Behalf Of |
ELENA TEMNIKOVA
|
|
| Docket Date |
2021-07-07
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Granted (OG999) ~ Appellee’s “Motion to Reclassify Appeal as Non-Final” is granted as stated in the Motion.
|
|
| Docket Date |
2021-07-02
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANTS' RESPONSETO APPELLEE'S MOTION DATED JUNE 18, 2021TO RECLASSIFY THIS APPEAL AS A NON-FINAL APPEALGOVERNED BY RULE 9.130's ACCELERATED SCHEDULE
|
| On Behalf Of |
ELENA TEMNIKOVA
|
|
| Docket Date |
2021-06-22
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Order Response: Motion (OR23) ~ Appellants are ordered to file a response within ten (10) days of the date of this Order to Appellee's Motion to Reclassify Appeal as Non-Final.
|
|
| Docket Date |
2021-06-18
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion ~ MOTION TO RECLASSIFY APPEAL AS NON-FINAL,GOVERNED BY RULE 9.130's ACCELERATED SCHEDULE
|
| On Behalf Of |
Eastern Financial Mortgage Corporation
|
|
| Docket Date |
2021-06-18
|
| Type |
Order
|
| Subtype |
Order on Motion to Relinquish Jurisdiction
|
| Description |
Relinquishment denied (OD49) ~ Upon consideration, Appellants’ Motion to Relinquish Jurisdiction is hereby denied.
|
|
| Docket Date |
2021-06-17
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar or Related Case
|
| On Behalf Of |
Eastern Financial Mortgage Corporation
|
|
| Docket Date |
2021-06-17
|
| Type |
Motions Other
|
| Subtype |
Motion To Relinquish Jurisdiction
|
| Description |
Motion To Relinquish Jurisdiction ~
|
| On Behalf Of |
ELENA TEMNIKOVA
|
|
| Docket Date |
2021-06-15
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2021-06-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case letter with attachments.
|
|
| Docket Date |
2021-06-14
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-06-14
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ NOTICE OF APPEAL- NOT CERTIFIED. RELATED CASE: 21-759
|
| On Behalf Of |
ELENA TEMNIKOVA
|
|
|
|
ELENA TEMNIKOVA, et al., VS EASTERN FINANCIAL MORTGAGE CORPORATION,
|
3D2021-0759
|
2021-03-18
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
20-6626
|
Parties
| Name |
ELENA TEMNIKOVA
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Mark L. Pomeranz
|
|
| Name |
MAXIM TEMNIKOVA
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
EASTERN FINANCIAL MORTGAGE CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
W. Aaron Daniel, William D. Mueller, Elliot B. Kula, DIANE NOLLER WELLS
|
|
| Name |
HON. ALAN FINE
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2021-09-20
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2021-09-01
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Attorney Fees Granted (OG47) ~ Upon consideration of Appellee’s Motion for Order Determining Entitlement to Appellate Attorney’s Fees, it is ordered that said Motion is granted based on the language of the loan documents, and the matter is remanded to the trial court. Appellee’s Motion for Appellate Attorney’s Fees as a Sanction is hereby denied. Appellants’ Motion for Attorney’s Fees and Costs is hereby denied.
|
|
| Docket Date |
2021-09-01
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Opinion
|
|
| Docket Date |
2021-07-07
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
ELENA TEMNIKOVA
|
|
| Docket Date |
2021-07-07
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLANTS' MOTION FOR ATTORNEY'S FEES AND COSTS
|
| On Behalf Of |
ELENA TEMNIKOVA
|
|
| Docket Date |
2021-06-17
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLEE'S MOTION FORAPPELLATE ATTORNEY'S FEES, AS A SANCTION,PURSUANT TO § 57.105, FLA. STAT. AND FLA. R. APP. P. 9.410
|
| On Behalf Of |
Eastern Financial Mortgage Corporation
|
|
| Docket Date |
2021-06-17
|
| Type |
Notice
|
| Subtype |
Notice of Related Case or Issue
|
| Description |
Notice of Similar or Related Case
|
| On Behalf Of |
Eastern Financial Mortgage Corporation
|
|
| Docket Date |
2021-06-07
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Eastern Financial Mortgage Corporation
|
|
| Docket Date |
2021-06-07
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ APPELLEE'S MOTION FOR ORDER DETERMINING ENTITLEMENT TO APPELLATE ATTORNEY'S FEES
|
| On Behalf Of |
Eastern Financial Mortgage Corporation
|
|
| Docket Date |
2021-05-20
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
ELENA TEMNIKOVA
|
|
| Docket Date |
2021-05-19
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ APPELLANTS' NOTICE OF FILING TRANSCRIPT OF FEBRUARY 19, 2020 HEARING
|
| On Behalf Of |
ELENA TEMNIKOVA
|
|
| Docket Date |
2021-04-30
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2021-04-20
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion Denied (OD999) ~ Appellants' Response to Appellee's Motion to Expedite is noted. Appellants' Opposed Motion seeking a forty-five (45) day enlargement of time to serve the initial brief is hereby denied. However, Appellants are granted thirty (30) days from the date of this Order to file the initial brief. Appellants' Motion to Supplement the Record on Appeal, filed on April 18, 2021, is granted as stated in the Motion.Upon consideration, Appellee's Motion to Expedite Appeal is hereby denied.
|
|
| Docket Date |
2021-04-19
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLANTS' RESPONSE TO APPELLEE'S MOTIONDATED APRIL 8, 2021 TO EXPIDITE THE INSTANT APPEALandAPPELLANTS' OPPOSED MOTIONFOR A FORTY-FIVE (45) DAY TIME ENLARGEMENTIN WHICH TO SERVE AND FILE THE INITIAL BRIEFandAPPELLANTS' MOTION TO SUPPLEMENT THE RECORDON APPEAL WITH THE TRANSCRIPT FILED BY APPELEE
|
| On Behalf Of |
ELENA TEMNIKOVA
|
|
| Docket Date |
2021-04-12
|
| Type |
Order
|
| Subtype |
Order to File Response
|
| Description |
Order Response: Motion (OR23) ~ Appellants are ordered to file a response within five (5) days of the date of this Order to Appellee's Motion to Expedite Appeal. The pendency of the Motion to Expedite Appeal shall not toll or delay the deadline for the filing of briefs.
|
|
| Docket Date |
2021-04-08
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix ~ APPENDIX TOMOTION TO EXPEDITE APPEAL
|
| On Behalf Of |
Eastern Financial Mortgage Corporation
|
|
| Docket Date |
2021-04-08
|
| Type |
Motions Other
|
| Subtype |
Motion To Expedite
|
| Description |
Motion To Expedite ~ MOTION TO EXPEDITE APPEAL
|
| On Behalf Of |
Eastern Financial Mortgage Corporation
|
|
| Docket Date |
2021-04-06
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Eastern Financial Mortgage Corporation
|
|
| Docket Date |
2021-03-19
|
| Type |
Notice
|
| Subtype |
Notice of Appeal Transmittal Form
|
| Description |
Notice of Transmittal--NOA
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2021-03-18
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2021-03-18
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments.
|
|
| Docket Date |
2021-03-18
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ NOT CERTIFIED.
|
| On Behalf Of |
ELENA TEMNIKOVA
|
|
|
