Florida Fourth District Court of Appeal Docket

Case Docket

Case Number: 4D21-571

Final Civil Foreclosure Notice from Palm Beach County

LAURENCE S. SCHNEIDER and STEPHANIE L. SCHNEIDER vs. FIRST AMERICAN BANK, etc.

Lower Tribunal Case(s):502016CA009292

8/24/2022 10:22:55 PM
Date
Description Filed By Notes
Docketed
Notice of Appeal
01/25/2021 Emre Yersel 114485 **FILING FEE PAID ELECTRONICALLY**
Filed
Case Filing Fee Paid
01/25/2021
Through Portal
Acknowledgment
01/27/2021
Letter
The court has received the Notice of Appeal in the
above-styled case and finds, from the face of the
Notice, that the appeal appears to be untimely filed.
The Notice was filed in this court on January 25,
2021 and the Notice reflects September 22, 2020 as
the date of the order being appealed. ORDERED that
ORD-For Untimely appellant is directed to file, within fifteen (15) days
01/27/2021 Filing of Notice of from the date of this order, a conformed copy of the
Appeal-LT order(s) being appealed and any subsequent orders
which tolled the time for the filing of the Notice of
Appeal. Said orders must reflect the time/date stamp
so that timeliness can be determined. ORDERED that
failure to comply with this order will result in the sua
sponte dismissal of the above-styled case as being an
untimely appeal.
Notice of
02/01/2021 Sheyla Mesa 86148
Appearance
Martin Mccarthy OF CHANGING ATTORNEY WITHIN THE SAME
02/02/2021 Notice
0149896 FIRM
John W. Keller Iii
02/12/2021 Motion To Dismiss
0229989
John W. Keller Iii
02/12/2021 Appendix TO MOTION TO DISMISS.
0229989
Martin Mccarthy
02/15/2021 Response **STRICKEN** BRIEF ON JURISDICTION
0149896
Martin Mccarthy
02/15/2021 Appendix TO RESPONSE.
0149896
02/16/2021 Stricken - No or ORDERED that appellants’ February 15, 2021
 Noncompliant Cert. response is stricken as not in compliance with Florida
of Service Rule of Appellate Procedure 9.420(d) in that there is
no certificate of service or the certificate of service
does not comply in substance with the requirements
of Florida Rule of Judicial Administration 2.516(f).
Martin Mccarthy
02/16/2021 Response **AMENDED** BRIEF ON JURISDICTION
0149896
Martin Mccarthy
03/01/2021 Response TO MOTION TO DISMISS.
0149896
ORD-Denying Upon consideration of appellant’s March 1, 2021
03/22/2021 Aplee's Motion to response, it is ORDERED that appellee’s February
Dismiss 12, 2021 motion to dismiss is denied.
Hon. Samantha
04/15/2021 Received Records Schosberg Feuer (9725 PAGES)
0598542
Notice of Agreed
Martin Mccarthy
05/11/2021 Extension - Initial
0149896
Brief
Recognizing Agreed
05/11/2021 20 DAYS TO 6/2/21.
Extension of Time
**DISCHARGED** ORDERED that appellants in
the above-styled case are directed to show cause in
writing, if any there be, on or before May 24, 2021,
why the above-styled case should not be dismissed
Show Cause Lack of for lack of timely prosecution, in that appellant's
05/12/2021 Prosecution, Initial initial brief has not been filed with this court as of
Brief 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.
Martin Mccarthy
05/12/2021 Response
0149896
ORD-Discharging ORDERED that, this court's May 12, 2021 order to
05/13/2021
Show Cause show cause is discharged.
Notice of Agreed
Martin Mccarthy
06/02/2021 Extension - Initial
0149896
Brief
Recognizing Agreed
06/02/2021 2 DAYS TO 6/4/21.
Extension of Time
Notice of Agreed
Martin Mccarthy
06/04/2021 Extension - Initial
0149896
Brief
Recognizing Agreed
06/04/2021 4 DAYS TO 6/8/21.
Extension of Time
Initial Brief on Martin Mccarthy
06/08/2021 **AMENDED INITIAL BRIEF FILED**
Merits 0149896
**VACATED** ORDERED that appellant's June 9,
2021 amended brief is stricken without prejudice to
06/21/2021 ORD-Stricken
filing a motion for leave to file an amended initial
brief.
 Mot. for Extension
07/07/2021 of time to file Sheyla Mesa 86148
Answer Brief
Motion For Leave
Martin Mccarthy
07/09/2021 To File Amended
0149896
Brief
Amended
Martin Mccarthy
07/13/2021 Appellant's Initial
0149896
Brief
ORDERED that this court’s June 21, 2021 order is
vacated. Further, ORDERED that appellants’ July 9,
2021 motion to serve an amended brief is granted and
Grant Motion Serve
07/13/2021 the amended initial brief is deemed timely filed as of
Amended Brief
the date of this order. Further, ORDERED that
appellee’s July 7, 2021 motion for extension of time
is denied as moot.
Appellee's Answer John W. Keller Iii
08/06/2021
Brief 0229989
John W. Keller Iii
08/06/2021 Appendix to Brief
0229989
Motion For John W. Keller Iii
08/16/2021
Attorney's Fees 0229989
Notice of Agreed
Martin Mccarthy
09/03/2021 Extension - Reply
0149896
Brief
Recognizing Agreed
09/03/2021 15 DAYS TO 9/22/21.
Extension of Time
Mot. for Extension
Martin Mccarthy
09/22/2021 of Time to File
0149896
Reply Brief
OF NON-OBJECTION TO APPELLANT'S
Martin Mccarthy
09/23/2021 Notice MOTION FOR EXTENSION OF TIME TO SERVE
0149896
REPLY BRIEF
Mot. for Extension
Martin Mccarthy
09/23/2021 of Time to File
0149896
Reply Brief
Appellant's Reply Martin Mccarthy
09/24/2021 **STRICKEN**
Brief 0149896
ORDERED that appellant's September 22, 2021 and
Order Granting EOT
September 23, 2021 motions for extension of time are
09/24/2021 for Appellant's
granted, and the reply brief filed September 24, 2021
Reply Brief
is deemed timely filed.
John W. Keller Iii
10/05/2021 Motion To Strike
0229989
Request for Oral
10/07/2021
Argument
11/01/2021 Grant Motion to ORDERED that appellee’s October 5, 2021 motion to
Strike strike is granted, and the reply brief is stricken as not
in compliance with Florida Rule of Appellate
Procedure 9.210 in that it contains argument raised
 for the first time that were not previously raised in the
initial brief and that are not raised in rebuttal to
arguments in the answer brief. See Fla. R. App. P.
9.210(d); Hoskins v. State, 75 So. 3d 250, 257 (Fla.
2011). An amended brief in compliance with the rules
shall be filed within ten (10) days from the date of
this order.
Notice of Agreed
Martin Mccarthy
11/10/2021 Extension - Reply
0149896
Brief
Recognizing Agreed
11/12/2021 7 DAYS TO 11/18/21.
Extension of Time
Amended
Martin Mccarthy
11/18/2021 Appellant's Reply
0149896
Brief
After reviewing the briefs, the court, pursuant to
ORD-Dispensing Florida Rule of Appellate Procedure 9.320, has
12/07/2021
Oral Argument dispensed with oral argument. The case will be
submitted to a conference by a panel of the court.
01/04/2022 Notice Sheyla Mesa 86148
Reversed - Authored
03/09/2022
Opinion
Deny Attorney's ORDERED that appellee’s August 16, 2021 motion
03/09/2022
Fees for attorneys’ fees is denied.
Motion for
John W. Keller Iii
03/22/2022 Rehearing /
0229989
Rehearing En Banc
Martin Mccarthy
04/06/2022 Response
0149896
Order Denying ORDERED that appellee's March 22, 2022 motion
04/28/2022
Rehearing En Banc for rehearing and rehearing en banc is denied.
04/28/2022 West Publishing
05/20/2022 Mandate
Notice of
Discretionary John W. Keller Iii
05/31/2022
Jurisdiction to 0229989
Supreme Court
Notice sent to the
05/31/2022
Supreme Court
Ack. Receipt from
06/01/2022 SC22-727
Supreme Court