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United States Court Cases

Florida Fourth District Court Of Appeals

SUSAN B KNIGHT vs BANK OF AMERICA NA

Date Docketed Description Filed By Notes
07/16/2021 Notice of Appeal Filed Rachel Mendes Coe 0180900
07/16/2021 Acknowledgment Letter
07/16/2021 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.
07/19/2021 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 how the November 26, 2019 final judgment is timely appealed, as the “amended verified motion for relief final judgment and motion to vacate default” is not a motion provided under Florida Rule of Appellate Procedure 9.020(h)(1) that suspends rendition of the final judgment so as to extend the time for filing of notice of appeal from the final judgment. Further, Appellee may file a response within ten (10) days of service of that statement.
07/20/2021 Case Filing Fee Paid Through Portal
07/29/2021 Jurisdictional Brief Rachel Mendes Coe 0180900
07/29/2021 Stricken - Non-Compliance With R. 9.045 ORDERED that appellant’s July 29, 2021 jurisdictional brief 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.
07/29/2021 Jurisdictional Brief Rachel Mendes Coe 0180900 AMENDED
08/09/2021 Notice of Appearance Tricia Julie Duthiers 0664731
08/25/2021 Miscellaneous Order ORDERED sua sponte the above-styled appeal is dismissed in part for lack of subject matter jurisdiction. This appeal shall proceed as to only the June 19, 2021 order on defendant’s amended verified motion for relief from final judgment and motion to vacate default. CONNER, C.J., FORST and ARTAU, JJ., concur.
09/15/2021 Received Records Clerk Broward CC01 418 PAGES
10/06/2021 Miscellaneous Motion Tricia Julie Duthiers 0664731 TO RECLASSIFY CASE AS A NON-FINAL APPEAL AND/OR FOR CLARIFICATION
10/18/2021 ORD-Final Appeal Treated as Non-Final ORDERED that appellee’s October 6, 2021 agreed motion to reclassify case as a non-final appeal is granted. The above-styled appeal shall proceed as a non-final appeal pursuant to Florida Rule of Appellate Procedure 9.130(a)(5). Further, ORDERED that appellant shall serve its initial brief and accompanying appendix within fifteen (15) days from the date of this order. Additional briefs shall be served in accordance with Florida Rule of Appellate Procedure 9.210. See Fla. R. App. P. 9.130(e).
11/09/2021 Show Cause Lack of Prosecution, Initial Brief/Apdx **DISCHARGED** 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 and appendix have not been filed with this court as of this date, pursuant to Florida Rule of Appellate Procedure 9.130(e). Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief and appendix are filed within this time, the order to show cause will be considered automatically discharged without further order.
11/19/2021 Response to Order to Show Cause Rachel Mendes Coe 0180900
11/22/2021 Order Granting EOT for Initial Brief ORDERED that upon consideration of appellant’s response filed November 19, 2021, this court’s November 9, 2021 order to show cause is discharged. Further, ORDERED that appellant’s November 19, 2021 motion for extension of time is granted, and appellant shall serve the initial brief and appendix within twenty (20) days from the date of this order. In addition, if the initial brief and appendix are 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.
12/20/2021 Show Cause Lack of Prosecution, Initial Brief/Apdx 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 and appendix have not been filed with this court as of this date, pursuant to Florida Rule of Appellate Procedure 9.130(e). Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief and appendix are filed within this time, the order to show cause will be considered automatically discharged without further order.
01/05/2022 ORD-Sua Sponte Dismiss-Lack of Prosecution ORDERED sua sponte that the above-styled case is dismissed for lack of prosecution.
01/05/2022 Dismissed - Order by Clerk