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United States Court Cases

Florida Fourth District Court Of Appeals

OSMAR GALICIA and STACEY GALICIA vs US BANK TRUST NA

Date Docketed Description Filed By Notes
07/23/2021 Notice of Appeal Filed David Stuart Fabrikant 0419257
07/23/2021 Acknowledgment Letter
07/23/2021 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.
07/23/2021 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 Florida Rule of Appellate Procedure 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.
07/29/2021 Notice of Appearance Christophal Hellewell 114230 **STRICKEN**
07/30/2021 Stricken - Non-Compliance With R. 9.045 ORDERED that the July 29, 2021 notice of appearance 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.
07/30/2021 Notice of Appearance Tara Lauren Rosenfeld 0059454 AMENDED
07/30/2021 Case Filing Fee
08/09/2021 Order Appealed
09/22/2021 Notice Clerk Palm Beach CC02 OF INABILITY TO TRANSMIT RECORD ON APPEAL
10/01/2021 Order for Status Report Re: ROA Upon consideration of the notice of inability to transmit record on appeal filed by the clerk of the lower tribunal on September 22, 2021, appellants are ordered to file a report, within ten (10) days from the date of this order, as to the status of the payment for and preparation of the record on appeal.
10/12/2021 Status Report David Stuart Fabrikant 0419257 **STRICKEN**
10/13/2021 Stricken - Non-Compliance With R. 9.045 ORDERED that appellants' October 12, 2021 status report 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.
10/15/2021 Status Report David Stuart Fabrikant 0419257
10/18/2021 Order to show cause - bankruptcy ORDERED that appellants’ October 15, 2021 status report is treated as a suggestion of bankruptcy. Further, A suggestion of bankruptcy having been filed, it is ORDERED that all parties shall show cause in writing, if any there be, within twenty (20) days from the date of this order, why the entire above-styled appeal should not be stayed by virtue of 11 U.S.C. § 362. If a party believes that no such cause exists, that party need not file a response.
10/20/2021 Received Records Clerk Palm Beach CC02 219 PAGES
11/15/2021 ORD-Case Stayed Pending Bankruptcy A suggestion of bankruptcy having been filed, and it appearing that no cause exists as to why the entire above-styled appeal should not be stayed by virtue of 11 U.S.C. § 362, it is ORDERED that this appeal is stayed. If the bankruptcy case becomes closed, dismissed, or modified to permit this appeal to proceed, then appellant Osmar Galicia shall promptly, and in no event later than twenty (20) days after the event has occurred, notify this court in writing that this appeal may proceed. Unless this appeal is voluntarily dismissed, appellant Osmar Galicia, within ninety (90) days from the date of this order, and then every ninety (90) days thereafter, shall notify this court as to the status of the bankruptcy case.
02/21/2022 Order to File Status Report ORDERED that appellant Osmar Galicia is directed to file a status report, within ten (10) days from the date of this order, regarding the bankruptcy proceedings.
02/28/2022 Status Report David Stuart Fabrikant 0419257
02/28/2022 Miscellaneous Motion David Stuart Fabrikant 0419257 **STRICKEN** MOTION TO CANCEL FORECLOSURE SALE
03/01/2022 Stricken - Non-Compliance With R. 9.045 ORDERED that appellants' February 28, 2022 motion to cancel foreclosure sale 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.
03/03/2022 Miscellaneous Motion David Stuart Fabrikant 0419257 MOTION TO CANCEL FORECLOSURE SALE
03/11/2022 Deny Miscellaneous Motion ORDERED that appellants' March 3, 2022 motion to cancel foreclosure sale is denied. See Baum v. Heiman, 528 So. 2d 63, 63 (Fla. 3d DCA 1988) (“The general rule is that one who surrenders property under an erroneous judgment is entitled to be restored to all that he has lost in the event of a reversal of the judgment.”); B.G.H. Ins. Syndicate, Inc. v. Presidential Fire & Cas. Co., 549 So. 2d 197, 198 (Fla. 3d DCA 1989) (holding that irreparable harm is not established if the harm can be adequately compensated by a monetary award).
06/02/2022 Order to File Status Report ORDERED that appellant Osmar Galicia is directed to file a status report, within ten (10) days from the date of this order, regarding the bankruptcy proceedings.
06/14/2022 Status Report David Stuart Fabrikant 0419257
06/15/2022 Stay is lifted, case to proceed ORDERED that the stay entered on November 15, 2021, is lifted and the above-styled appeal shall proceed; further, ORDERED that appellants 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 will be subject to dismissal, or the court in its discretion may impose other sanctions.
07/25/2022 Show Cause Lack of Prosecution, Initial Brief ORDERED that appellants in the above-styled case are 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 appellants’ 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.