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United States Court Cases

Florida Fourth District Court Of Appeals

JOSEPH FISCHER vs US BANK NATIONAL ASSOCIATION

Date Docketed Description Filed By Notes
07/09/2021 Notice of Appeal Filed Kendrick Almaguer 0055323
07/09/2021 Acknowledgment Letter
07/09/2021 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.
07/09/2021 Case Filing Fee Paid Through Portal
07/20/2021 Motion To Relinquish Jurisdiction Francis Mota 115152
07/21/2021 ORD-Appellee to File Response ORDERED that appellee is directed to respond, by July 26, 2021, to appellant’s July 20, 2021 motion to relinquish jurisdiction.
07/21/2021 Notice of Appearance Chase A. Berger 0083794
07/21/2021 Response Chase A. Berger 0083794 TO MOTION TO RELINQUISH JURISDICATION
07/30/2021 Order Granting Relinquishment of Jurisdiction Upon consideration of appellee's July 21, 2021 response, it is ORDERED that appellant’s July 20, 2021 motion to relinquish jurisdiction is granted. Jurisdiction is relinquished to the trial court up to August 11, 2021, for the limited purpose of conducting proceedings and entering a final order as to appellant's motion to approve a statement of evidence and procedure. The 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.
08/11/2021 Motion for Extension of Time Francis Mota 115152 OF RELINQUISHMENT.
08/12/2021 Response Christophal Hellewell 114230 ***STRICKEN 8/16/21**
08/12/2021 Appendix to Response Christophal Hellewell 114230
08/16/2021 Stricken - Non-Compliance With R. 9.045 ORDERED that appellee's August 12, 2021 response and appendix to response are stricken as not in compliance with Florida Rule of Appellate Procedure 9.045, which became effective January 1, 2021, in that they are computer-generated documents which do 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.”). Amended documents in compliance with Rule 9.045 shall be filed within two (2) days from the date of this order.
08/16/2021 Response Christophal Hellewell 114230
08/16/2021 Appendix to Response Christophal Hellewell 114230
08/23/2021 Order Granting Relinquishment of Jurisdiction Upon consideration of appellee’s August 16, 2021 response, it is ORDERED that appellant’s August 11, 2021 motion to relinquish jurisdiction is granted. Jurisdiction is relinquished to the trial court for thirty (30) days from the date of this order for the limited purpose of conducting proceedings and entering an order as to appellant’s motion to bifurcate. The appellant shall forward to this court a copy of any order issued during relinquishment. It is further ordered that the 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.
08/31/2021 Received Records Clerk Broward CC01 1161 PAGES
09/17/2021 Motion for Extension of Time Francis Mota 115152 FOR RELINQUISHMENT
09/17/2021 Mot. for Extension of time to file Initial Brief Francis Mota 115152
09/23/2021 Order Granting EOT for Initial Brief ORDERED that appellant's September 17, 2021 motion for extension of time is granted, and appellant shall serve the initial brief within sixty (60) 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.
09/24/2021 ORD-Granting EOT for Relinquishment of Juris. ORDERED that appellant's September 17, 2021 motion to extend relinquishment is granted. Relinquishment of jurisdiction to the trial court is continued for thirty (30) days. 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.
11/02/2021 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 the relinquishment of jurisdiction.
11/12/2021 Status Report Francis Mota 115152
11/15/2021 Mot. for Extension of time to file Initial Brief Francis Mota 115152
11/23/2021 Order Granting EOT for Initial Brief ORDERED that appellant's November 15, 2021 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.
12/27/2021 Initial Brief on Merits Francis Mota 115152
12/27/2021 Request for Oral Argument
12/27/2021 Motion For Attorney's Fees Francis Mota 115152
01/12/2022 Mot. for Extension of time to file Answer Brief Christophal Hellewell 114230
01/19/2022 Order Granting EOT for Answer Brief ORDERED that appellee's January 12, 2022 motion for extension of time is granted, and appellee shall serve the answer brief within twenty (20) days from the current due date. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
02/14/2022 Appellee's Answer Brief Christophal Hellewell 114230
03/11/2022 ORD-Dispensing Oral Argument After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
05/19/2022 Affirmed - Per Curiam Affirmed
05/19/2022 Deny Attorney's Fees ORDERED that appellant’s December 27, 2021 motion for attorney's fees is denied.
06/10/2022 Mandate
06/10/2022 West Publishing