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REALTY WHOLESALERS, INC., Appellant(s) v. DEUTSCHE BANK NATIONAL TRUST COMPANY, et al., Appellee(s).
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4D2024-2871
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2024-11-06
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Open
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| Classification |
NOA Non Final - Circuit Civil - Foreclosure
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502023CA001466XXXX
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Parties
| Name |
REALTY WHOLESALERS, INC.
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| Role |
Appellant
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| Status |
Active
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| Representations |
Peter Bruce Weintraub
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|
| Name |
Deutsche Bank National Trust Company
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| Role |
Appellee
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| Status |
Active
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| Representations |
Craig Brett Stein
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|
| Name |
Finance America Mortgage Loan Trust 2004-3 etc.
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| Role |
Appellee
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| Status |
Active
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|
| Name |
Elizabeth Locigno
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| Role |
Appellee
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| Status |
Active
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| Representations |
Nicole Rachael Moskowitz
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|
| Name |
BOCA DEL MAR IMPROVEMENT ASSOCIATION, INC.
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| Role |
Appellee
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| Status |
Active
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|
| Name |
USTRANSACT, LLC
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| Role |
Appellee
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| Status |
Active
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| Representations |
Michael Alan Fischler
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|
| Name |
Hon. Bradley G. Harper
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
Palm Beach Clerk
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2024-11-19
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| Type |
Notice
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| Subtype |
Notice of Compliance
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| Description |
Notice of Compliance
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| On Behalf Of |
Realty Wholesalers, Inc.
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| Docket Date |
2024-11-13
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| Type |
Order
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| Subtype |
Order
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| Description |
ORDERED sua sponte that the court determines that this appeal seeks review of a final order, rather than a nonfinal 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.
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| View |
View File
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| Docket Date |
2024-11-11
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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 |
Realty Wholesalers, Inc.
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| View |
View File
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| Docket Date |
2024-11-08
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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 |
2024-11-08
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal
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| Docket Date |
2025-01-06
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| Type |
Notice
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| Subtype |
Notice of Filing
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| Description |
Notice of Filing Suggestion of Bankruptcy Filed in Lower Court and Notice of Bankruptcy Stay and Motion for Extension of Time to File Initial Brief Pending Automatic Stay
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| Docket Date |
2024-12-27
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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 |
ORDERED that Appellant's December 10, 2024 motion for extension of time is granted, and Appellant shall serve the initial brief within thirty (30) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
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| View |
View File
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| Docket Date |
2024-12-16
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Record on Appeal; Pages 1-212
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| On Behalf Of |
Palm Beach Clerk
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| Docket Date |
2024-12-10
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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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| Docket Date |
2024-11-22
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| Type |
Notice
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| Subtype |
Compliance
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| Description |
Notice of Compliance
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| On Behalf Of |
Realty Wholesalers, Inc.
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| View |
View File
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| Docket Date |
2024-11-21
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| Type |
Order
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| Subtype |
Order Striking Filing
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| Description |
ORDERED that Appellant's November 19, 2024 Notice of Compliance is stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that it is a computer-generated document which does not comply with the font requirements set forth in Rule 9.045(b). See Fla. R. App. P. 9.045(b) ("Computer-generated documents shall be filed in either Arial 14-point font or Bookman Old Style 14-point font."). An amended document in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
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| View |
View File
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OSCAR MOLINA VS WELLS FARGO BANK
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4D2023-0692
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2023-03-17
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Closed
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| Classification |
NOA Final - Circuit Civil - Foreclosure
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE16-23188
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Parties
| Name |
OSCAR MOLINA, INC.
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| Role |
Appellant
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| Status |
Active
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|
| Name |
REALTY WHOLESALERS, INC.
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| Role |
Appellee
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| Status |
Active
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|
| Name |
Wells Fargo Bank
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| Role |
Appellee
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| Status |
Active
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| Representations |
Matthew B. Klein, Peter B. Weintraub
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|
| Name |
Hon. Marina Garcia-Wood
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| Role |
Judge/Judicial Officer
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| Status |
Active
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| Name |
Clerk - Broward
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2023-05-09
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| Type |
Order
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| Subtype |
Order to File Response re Jurisdiction
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| Description |
AA - File Statement for Basis of Jurisdiction ~ ORDERED that, within ten (10) days from the date of this order, appellant shall file in this court a brief statement explaining the basis for this court’s subject matter jurisdiction over the order appealed in this case, citing supporting legal authorities. Appellant shall specifically address what order appellant is requesting for review, as the lower tribunal docket does not indicate a March 15, 2023 order exists. Further, Appellee may file a response within ten (10) days of service of that statement.
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| Docket Date |
2023-06-06
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| Type |
Disposition
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| Subtype |
Dismissed
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| Description |
Dismissed - Order by Judge
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| Docket Date |
2023-06-06
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ ORDERED that appellant’s March 17, 2023 appeal is dismissed for lack of jurisdiction. See Fla R. App. P. 9.020(f), 9.030(b)(1), 9.130(a)(3).DAMOORGIAN, LEVINE and KUNTZ, JJ., concur.
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| Docket Date |
2023-05-03
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Received Records ~ 475 PAGES
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| On Behalf Of |
Clerk - Broward
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| Docket Date |
2023-04-20
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| Type |
Order
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| Subtype |
Show Cause re Compliance with Prior Order
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| Description |
Order to Show Cause-Appeal Dismissal ~ ORDERED that appellant is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed or other sanctions imposed for failure to comply with this court's March 28, 2023 order requiring a conformed copy of the order being appealed to be filed with this court. If the order is filed within this ten (10) day period, this order to show cause will be considered automatically discharged without further order.
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| Docket Date |
2023-04-03
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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 |
Wells Fargo Bank
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| Docket Date |
2023-03-28
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| Type |
Order
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| Subtype |
Amended/Additional Filing(s) Needed
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| Description |
Appellant to File Order Appealed-Civil ~ ORDERED that appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order being appealed. See Fla. R. App. P. 9.110(d). This copy must contain a legible stamp from the clerk of the lower tribunal, showing the date and time the order being appealed was filed in that office.
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| Docket Date |
2023-03-17
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| Docket Date |
2023-03-17
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| Type |
Misc. Events
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| Subtype |
Determination of Indigency/LT Order Insolvency
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| Description |
Determination of Indigent Status
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| Docket Date |
2023-03-17
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
Oscar Molina
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COUNTRY ISLES EXECUTIVE HOMES MAINTENANCE ASSOC., INC. VS REALTY WHOLESALERS, INC.
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4D2022-2587
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2022-09-22
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Closed
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| Classification |
NOA Final - County Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CONO22-003962
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Parties
| Name |
Country Isles Executive Homes Maintenance Assoc., Inc.
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| Role |
Appellant
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| Status |
Active
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| Representations |
Raymond A. Piccin
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|
| Name |
REALTY WHOLESALERS, INC.
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| Role |
Appellee
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| Status |
Active
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| Representations |
Peter B. Weintraub
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|
| Name |
Hon. Steven P. DeLuca
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
Clerk - Broward
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2022-10-27
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| Type |
Order
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| Subtype |
Order to File Status Report
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| Description |
Order for Status Report Re: ROA ~ Upon consideration of the Notice of Inability to Transmit the Record filed by the clerk of the lower tribunal on October 19, 2022, it is ORDERED that appellant shall file a report, within five (5) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
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| Docket Date |
2022-10-19
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| Type |
Notice
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| Subtype |
Notice
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| Description |
Notice ~ OF INABILITY TO TRANSMIT THE RECORD
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| On Behalf Of |
Clerk - Broward
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| Docket Date |
2022-10-03
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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 |
Realty Wholesalers, Inc.
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| Docket Date |
2022-09-27
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| Type |
Misc. Events
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| Subtype |
Case Filing Fee Paid through Portal
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| Description |
Case Filing Fee Paid Through Portal
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| On Behalf Of |
Country Isles Executive Homes Maintenance Assoc., Inc.
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| Docket Date |
2022-09-23
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| Docket Date |
2023-01-24
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| Type |
Disposition
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| Subtype |
Dismissed
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| Description |
Dismissed - Order by Clerk
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| Docket Date |
2023-01-24
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
Order Granting Voluntary Dismissal ~ Pursuant to the January 20, 2023 notice of voluntary dismissal, this case is dismissed.
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| Docket Date |
2023-01-23
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| Type |
Order
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| Subtype |
Order to File Status Report
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| Description |
Order to File Status Report ~ ORDERED that appellant is directed to file a status report, within ten (10) days from the date of this order, regarding relinquishment of jurisdiction.
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| Docket Date |
2023-01-20
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| Type |
Motions Other
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| Subtype |
Motion/Notice Voluntary Dismissal
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| Description |
Notice of Voluntary Dismissal
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| On Behalf Of |
Country Isles Executive Homes Maintenance Assoc., Inc.
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| Docket Date |
2022-11-30
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| Type |
Order
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| Subtype |
Order on Motion to Relinquish Jurisdiction
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| Description |
Order Granting Relinquishment of Jurisdiction ~ ORDERED that appellant’s November 1, 2022 motion to relinquish jurisdiction is granted. Jurisdiction is relinquished to the trial court for forty-five (45) days to conduct a hearing and enter an order on appellant’s Motion to Vacate Default and Final Default Judgment. The instant appeal and deadlines are stayed pending the trial court’s ruling on appellant’s motion. Appellant shall forward to this court a copy of any order issued during relinquishment. It is further ORDERED that appellant shall monitor this proceeding in the trial court. If further time is needed beyond this relinquishment period, it shall be the duty of appellant to request an extension of time by proper motion to this court. This case shall proceed in this court upon expiration of relinquishment unless otherwise notified in writing by the parties.
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| Docket Date |
2022-11-17
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| Type |
Notice
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| Subtype |
Notice of Change of Address
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| Description |
Notice of Change of Address
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| On Behalf Of |
Country Isles Executive Homes Maintenance Assoc., Inc.
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| Docket Date |
2022-11-16
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| Type |
Notice
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| Subtype |
Notice
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| Description |
Notice ~ OF INABILITY TO TRANSMIT THE RECORD
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| On Behalf Of |
Clerk - Broward
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| Docket Date |
2022-11-01
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| Type |
Motions Other
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| Subtype |
Motion To Relinquish Jurisdiction
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| Description |
Motion To Relinquish Jurisdiction ~ *AND* STATUS REPORT AND MOTION TO STAY
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| On Behalf Of |
Country Isles Executive Homes Maintenance Assoc., Inc.
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| Docket Date |
2022-09-23
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
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| Docket Date |
2022-09-22
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| Type |
Misc. Events
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| Subtype |
Miscellaneous Trial Court Document
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| Description |
Misc. LT pleadings ~ *Civil Cover Sheet
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| Docket Date |
2022-09-22
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
Country Isles Executive Homes Maintenance Assoc., Inc.
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ARNELLA SMITH VS U.S. BANK TRUST NATIONAL ASSOCIATION, etc.
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4D2022-2325
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2022-08-23
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Closed
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| Classification |
NOA Final - Circuit Civil - Other
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE17-019759
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Parties
| Name |
Arnella Smith
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| Role |
Appellant
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| Status |
Active
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|
| Name |
U.S. Bank Trust National Association
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| Role |
Appellee
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| Status |
Active
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| Representations |
Chase A. Berger, Tara Lauren Rosenfeld, Weintraub & Weintraub
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|
| Name |
REALTY WHOLESALERS, INC.
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| Role |
Appellee
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| Status |
Active
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|
| Name |
Hon. Andrea Gundersen
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| Role |
Judge/Judicial Officer
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| Status |
Active
|
|
| Name |
Clerk - Broward
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2022-09-09
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ ORDERED sua sponte that the above-styled appeal is dismissed for non-payment of the $300.00 filing fee.
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| Docket Date |
2022-09-09
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| Type |
Disposition
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| Subtype |
Dismissed
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| Description |
Dismissed - Order by Clerk
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| Docket Date |
2022-08-24
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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| Docket Date |
2022-08-23
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
Arnella Smith
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| Docket Date |
2022-08-23
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
DM:No Fee - Case Dismissed
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| Docket Date |
2022-08-24
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
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ARNELLA SMITH VS U.S. BANK TRUST, N.A., ETC., et al.
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4D2022-0903
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2022-03-31
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Closed
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| Classification |
NOA Final - Circuit Civil - Foreclosure
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE17-019759
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Parties
| Name |
FORECLOSURE, INC.
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| Role |
Appellant
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| Status |
Active
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|
| Name |
Arnella Smith
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| Role |
Appellant
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| Status |
Active
|
|
| Name |
U.S. Bank Trust, N.A.
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| Role |
Appellee
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| Status |
Active
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| Representations |
Ghidotti Berger, LLP, Weintraub & Weintraub
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|
| Name |
REALTY WHOLESALERS, INC.
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| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Andrea Gundersen
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
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Docket Entries
| Docket Date |
2022-05-12
|
| Type |
Misc. Events
|
| Subtype |
Affidavit
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| Description |
Affidavit ~ OF NON-PAYMENT OF APPEAL INVOICE
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| On Behalf Of |
Clerk - Broward
|
|
| Docket Date |
2022-05-03
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2022-05-03
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ ORDERED sua sponte that the above-styled appeal is dismissed for non-payment of the $300.00 filing fee.
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| Docket Date |
2022-04-01
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2022-03-31
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Arnella Smith
|
|
| Docket Date |
2022-03-31
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
DM:No Fee - Case Dismissed
|
|
| Docket Date |
2022-04-01
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se civil appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, 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 the entry 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.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the clerk of the lower tribunal within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The clerk of the lower tribunal shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
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