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United States Court Cases

Florida Fourth District Court Of Appeals

METAL SELA vs DEUTSCHE BANK NATIONAL TRUST COMPANY

Date Docketed Description Filed By Notes
08/09/2021 Notice of Appeal Filed Nicole Moskowitz 0056570
08/09/2021 Acknowledgment Letter
08/09/2021 ORD-Pay Filing Fee-Civil Appeal The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes, is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY. ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal – see the court’s website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection. **NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a lower tribunal clerk's determination of indigent status is filed.
08/18/2021 Case Filing Fee Paid Through Portal
09/03/2021 Affidavit OF NON-PAYMENT OF APPEAL INVOICE
09/08/2021 Notice of Appearance Brandi Nicole Wilson 0099226
09/13/2021 Order for Status Report Re: ROA Upon consideration of the Affidavit of Non-Payment of Appeal Invoice filed by the clerk of the lower tribunal on September 3, 2021, appellant is ordered to file a report, within ten (10) days from the date of this order, as to the status of the payment for the record on appeal.
09/23/2021 Status Report Nicole Moskowitz 0056570
10/06/2021 Received Records Clerk Broward CC01 5,307 PAGES
10/15/2021 Mot. for Extension of time to file Initial Brief Nicole Moskowitz 0056570
10/18/2021 Order Granting EOT for Initial Brief ORDERED that appellant’s October 15, 2021 motion for extension of time is granted, and appellant shall serve the initial brief on or before December 14, 2021. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
12/14/2021 Mot. for Extension of time to file Initial Brief Nicole Moskowitz 0056570
12/15/2021 Order Granting EOT for Initial Brief ORDERED that appellant’s December 14, 2021 motion for extension of time is granted in part, 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.
01/14/2022 Mot. for Extension of time to file Initial Brief Nicole Moskowitz 0056570
01/18/2022 Grant Stay ORDERED that appellant’s January 14, 2022 motion for extension of time to file the initial brief is treated as a motion to stay and is granted. The above-styled appeal is stayed until February 14, 2022, so that the parties may finalize their settlement negotiations. If a voluntary dismissal has not been filed by the deadline provided in this order, appellant shall serve the initial brief on that date.
02/14/2022 Mot. for Extension of time to file Initial Brief Nicole Moskowitz 0056570
02/15/2022 Grant Stay ORDERED that appellant’s February 14, 2022 motion for extension of time is treated as a motion to extend the stay and is granted. The above-styled appeal is stayed until March 16, 2022, so that the parties may finalize their settlement negotiations. If a voluntary dismissal has not been filed by the deadline provided in this order, appellant shall serve the initial brief on that date.
03/18/2022 Mot. for Extension of time to file Initial Brief Nicole Moskowitz 0056570
03/23/2022 Motion To Withdraw as Counsel Nicole Moskowitz 0056570 **See amended motion**
03/23/2022 Motion To Withdraw as Counsel Nicole Moskowitz 0056570 AMENDED
04/13/2022 ORD-Withdraw as Counsel The March 23, 2022 amended motion of Nicole Moskowitz, Esq., counsel for appellant, to withdraw as counsel is granted. Accordingly, it is ORDERED that (1) this appeal is stayed for twenty (20) days from the date of this order so that new counsel, if desired, may be obtained; (2) this stay will be automatically lifted if substitute counsel files a notice of appearance prior to the end of the 20-day abatement period; (3) if no counsel has filed a notice of appearance within twenty (20) days, all filings shall be sent to appellant at the address appearing below; (4) if substitute counsel does not appear within twenty (20) days from the date of this order, appellant is advised that the case will move forward after the abatement period and compliance with the Florida Rules of Appellate Procedure and the rules of this court is required. Failure to comply with the rules may result in dismissal or other sanctions. Further, ORDERED that appellant’s March 18, 2022 motion for extension of time to file initial brief is determined to be moot.
05/24/2022 Show Cause Lack of Prosecution, Initial Brief ORDERED that appellant in the above-styled case 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 for lack of timely prosecution, in that appellant’s initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
06/10/2022 ORD-Sua Sponte Dismiss-Lack of Prosecution ORDERED sua sponte that the above-styled case is dismissed for lack of prosecution.
06/10/2022 Dismissed - Order by Clerk