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Florida Fourth District Court of Appeal Docket

Case Docket

Case Number: 4D17-2239

Final Civil Foreclosure Notice from Palm Beach County

LAURENCE SCHNEIDER vs. FIRST AMERICAN BANK, et al

Lower Tribunal Case(s):2016CA009292

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(/DCAResults/CaseByYear? List of Abbreviations Printer Friendly View
CaseYear=2017&CaseNumber=2239&Court=4)
Date Description Date Filed By Notes
Docketed Due

07/18/2017 Notice of Appeal Laurence

Filed Schneider

07/18/2017 Notice of Appeal Clerk Palm Beach

Filed CC02

07/19/2017 Acknowledgment
Letter
07/19/2017 ORD-Pay Filing The jurisdiction of this court was invoked by
Fee - pro se civil filing of a Notice of Appeal in the lower tribunal.
appeal The $300.00 filing fee, or a circuit court clerk's
determination of indigent status, did not
accompany the Notice of Appeal as required in
Florida Rules of Appellate Procedure 9.110(b)
and 9.140(a). The filing fee is due and payable at
the time of filing REGARDLESS OF
WHETHER THE APPEAL IS LATER
DISMISSED VOLUNTARILY OR
ADVERSELY. ORDERED, appellant shall pay
the $300.00 filing fee or file the circuit court
clerk's determination of indigent status in this
court within ten (10) days from the date of the
entry of this order. 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. If appellant has already been
found indigent for purposes of proceedings in the
lower tribunal, in this case, appellant shall file a
copy of that order in this court. If appellant does
not have an order or a determination of indigent
status and believes that he or she is insolvent,
appellant shall complete the enclosed application
and mail to the Clerk of the Circuit Court within
fifteen (15) days from the date of this order. A
Notice of Compliance that you have applied for
indigent status, must also be filed with this court.
The Clerk of the Circuit Court shall forward the
Clerk's Determination to this court within ten
(10) days of receipt. Failure of appellant to
comply with this order will result in the dismissal
of this appeal. **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 circuit court clerk's determination
of indigent status is filed.

07/19/2017 Order for ORDERED that the appellant is directed to file,

Amendment to within ten (10) days from the date of this order,
Notice of Appeal an amended Notice of Appeal with a certificate
of service that states the name of the attorney of
record for the appellee and his/her physical
address.
07/19/2017 Amended Notice of Clerk Palm Beach
Appeal CC02

07/25/2017 Case Filing Fee

07/27/2017 Notice Henry H Bolz "OF APPARENT SCRIVENER'S ERROR IN

0260071 CONFORMED COPY OF FINAL
FORECLOSURE JUDGMENT"

08/04/2017 Motion To Stay **DENIED AS MOOT-- SEE 8/16/17

ORDER** FILED BY (?) FOR PRO SE
APPELLANT

08/08/2017 Miscellaneous Henry H Bolz "APPELLEE'S SUGGESTION OF LACK OF

Motion 0260071 JURISDICTION"

08/09/2017 Miscellaneous Upon consideration of appellee's July 27, 2017

Order "notice of apparent scrivener's error in conformed
copy of final foreclosure judgment," it is
ORDERED sua sponte that jurisdiction is
relinquished for thirty (30) days to permit
appellee to file a motion with the trial court
seeking to correct the conformed copies of the
judgment to match the original judgment.
Appellee shall forward to this court a copy of any
order issued during relinquishment. If further
time is needed beyond this relinquishment period,
appellee shall request an extension of time by
proper motion to this court. This case is stayed
pending the above, and shall proceed in this court
upon expiration of relinquishment unless
otherwise notified in writing by the parties.

08/11/2017 Notice Henry H Bolz OF MOOTNESS

0260071
08/16/2017 Miscellaneous Upon consideration of appellants' notice of
Order appeal, which is only signed by one appellant, it
is ORDERED that appellants shall file an
amended notice of appeal which is signed by
both pro se appellants. Appellants are reminded
that all filings must be signed by both appellants.
Further, Upon consideration of appellee's August
11, 2017 notice of mootness, it is ordered that this
court's August 9, 2017 order is discharged, the
stay is lifted, and this appeal shall proceed.
Further ORDERED that appellant's August 4,
2017 motion to stay is denied as moot, as the trial
court's August 8, 2017 order canceled the August
10, 2017 sale and re-set it for September 12,
2017, and further set an evidentiary hearing on
the issue of whether the sale should be stayed
pending appellate review.

08/22/2017 OBJECTION Laurence TO APPELEE'S MOTION FOR LACK OF

Schneider JURISDICTION

08/28/2017 Deny ORDERED that appellee's request for this court

Miscellaneous not to consider this appeal as to appellant
Motion Stephanie Schneider, contained in appellee's
August 8, 2017 "suggestion of lack of
jurisdiction," is denied. By order dated August
16, 2017, this court directed appellants to file an
amended notice of appeal with both appellants'
signatures and advising them that all future
filings must be signed by both appellants.

09/20/2017 Motion To Dismiss Henry H Bolz **GRANTED IN PART/DENIED IN PART**

0260071

09/26/2017 Mot. for Extension Laurence ***STRICKEN- SEE 10/11/17 ORDER**

of time to file Initial Schneider
Brief

09/27/2017 RESPONSE Henry H Bolz /OBJECTION TO APPELLANTS' MOTION

0260071 FOR EXTENSION OF TIME TO FILE INITIAL
BRIEF
10/11/2017 ORD-Denying ORDERED that appellee's September 20, 2017
Aplee's Motion to motion to dismiss is granted in part and denied in
Dismiss part. The motion is granted and the appeal is
dismissed as to Stephanie Schneider, who has not
complied with this court's August 16 and 28,
2017 orders to file a signed notice of appeal. The
motion is denied and the appeal shall proceed as
to Laurence Schneider. Further, ORDERED sua
sponte that appellants' September 26, 2017
motion for extension of time is stricken, as it
appears that a third party signed the motion on
behalf of appellants. Non-attorneys may not
practice law or sign legal documents on behalf of
litigants. Appellant Laurence Schneider is
cautioned that failure to personally sign filings
made in this court may also result in the dismissal
of this appeal as to him. The striking of the
motion for extension of time is without prejudice
to Laurence Schneider to re-file the motion
properly signed by Laurence Schneider.

10/18/2017 Mot. to set briefing Henry H Bolz *AND* TO COMPEL APPELLANT TO PAY
schedule 0260071 FOR PREPARATION OF THE RECORD ON
APPEAL

10/18/2017 Motion For Henry H Bolz

Attorney's Fees 0260071
11/07/2017 ORD-Setting ORDERED that appellee's October 18, 2017
Briefing Schedule motion to set briefing schedule and to compel
appellant to pay for the preparation of the record
on appeal is granted. Pursuant to Florida Rule of
Appellate Procedure 9.110(f), the initial brief was
due by September 26, 2017. This court struck the
September 26, 2017 motion for extension of time
that was filed on behalf of appellants without
prejudice because it was signed by a third party.
Appellant has not filed another motion for
extension of time, so the initial brief is overdue.
Moreover, it appears that appellant has not paid
for the preparation of the record on appeal,
though the index was prepared and filed on the
circuit court's online docket on October 6, 2017.
Accordingly, appellant is ORDERED to 1) pay
for the preparation and transmission of the record
on appeal, 2) file a notice of compliance with this
court, and 3) file the initial brief, all by
November 22, 2017, or this appeal WILL be
dismissed. No motions or other filings shall toll
the time to comply with this order.

11/15/2017 Mot. for Extension Robin I. Frank

of time to file Initial 0649619
Brief

11/16/2017 Order Granting ORDERED that appellant's November 15, 2017

EOT for Initial motion for extension of time is granted, and
Brief appellant shall serve the initial brief by December
6, 2017. 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.

11/21/2017 Received Records Clerk Palm Beach (1248 PAGES)

CC02

11/22/2017 Notice Robin I. Frank OF COMPLIANCE WITH 11/07/17 ORDER

0649619

12/04/2017 ORD-Deferring to ORDERED that appellee's October 18, 2017

Merits Panel motion for attorneys' fees is deferred and will be
considered by the merits panel in this case.

12/04/2017 Mot. for Extension Robin I. Frank

of time to file Initial 0649619
Brief
12/08/2017 Order Granting ORDERED that appellant's December 4, 2017
EOT for Initial motion for extension of time is granted, and
Brief appellant shall serve the initial brief on or before
December 13, 2017. 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.

12/12/2017 Motion To File Robin I. Frank

Supplemental 0649619
Record

12/12/2017 Supplemental Robin I. Frank

Records 0649619

12/12/2017 Motion For Ryan D. Gesten (RESPONSE FILED 12/26/17)

Attorney's Fees 240760

12/12/2017 Request for Oral

Argument

12/13/2017 Initial Brief on Ryan D. Gesten

Merits 240760

12/22/2017 Mot. for Extension Henry H Bolz

of time to file 0260071
Answer Brief

12/22/2017 Order Granting ORDERED that appellee's December 22, 2017

EOT for Answer motion for extension of time is granted, and
Brief appellee shall serve the answer brief on or before
February 7, 2018. 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.

12/26/2017 RESPONSE Henry H Bolz TO MOTION FOR ATTY'S FEES

0260071

12/26/2017 RESPONSE Henry H Bolz TO MOTION TO SUPPLEMENT THE

0260071 RECORD

12/26/2017 Motion To Strike Henry H Bolz PORTIONS OF RECORD

0260071
01/05/2018 ORD-Allowing ORDERED that appellant's December 12, 2017
Attachment to motion to supplement the record is granted, and
Record the proposed supplemental record is deemed
filed. Further ORDERED that the December 26,
2017 motion to strike is denied.

02/07/2018 Appellee's Answer Henry H Bolz

Brief 0260071

02/08/2018 Motion For Henry H Bolz

Attorney's Fees 0260071

02/21/2018 Mot. for Extension Ryan D. Gesten

of Time to File 240760
Reply Brief

02/23/2018 Order Granting ORDERED that appellant's February 21, 2018

EOT for motion for extension of time is granted, and
Appellant's Reply appellant shall serve the reply brief on or before
Brief March 29, 2018. In addition, if the reply brief is
served after the time provided for in this order, it
may be stricken.

03/22/2018 Mot. for Extension Robin I. Frank

of Time to File 0649619
Reply Brief

03/23/2018 ORD-Reply Brief ORDERED that appellant's March 22, 2018

to be Served motion for extension of time is granted, and
appellant shall serve the reply brief on or before
April 29, 2018. In addition, if the reply brief is
served after the time provided for in this order, it
will be subject to being stricken, or the court in
its discretion may impose other sanctions.
Appellant is advised that no further extensions
will be granted absent a detailed explanation for
why the reply brief has not yet been filed and a
showing of extraordinary circumstances where, if
a further extension is not granted, irreparable and
material harm will result to the litigant.

04/05/2018 ORD-Dispensing After reviewing the briefs, the court, pursuant to

Oral Argument 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.

04/29/2018 Appellant's Reply Ryan D. Gesten ***STRICKEN***

Brief 240760
05/01/2018 ORD-Stricken ORDERED that the appellant's reply brief is
stricken as not in compliance with Florida Rule
of Appellate Procedure 9.210 in that it exceeds
the fifteen (15) page limit for reply briefs. An
amended brief in compliance with the rules shall
be filed within three (3) days from the date of this
order. The time for any responsive briefing shall
be tolled until service of this amended brief.

05/02/2018 Appellant's Reply Ryan D. Gesten **CORRECTED**

Brief 240760

07/25/2018 Affirmed in
Part/Reversed in
Part - Authored
Opinion

07/25/2018 Order Granting ORDERED that the appellee's February 8, 2018

Attorney Fees- motion for appellate attorney's fees against
Unconditionally appellant, Laurence Schneiderl, is granted. On
remand, the trial court shall set the amount of the
attorney's fees to be awarded for this appellate
case. If a motion for rehearing is filed in this
court, then services rendered in connection with
the filing of the motion, including, but not limited
to, preparation of a responsive pleading, shall be
taken into account in computing the amount of
the fee.

07/25/2018 Deny Attorney's ORDERED that the appellee, First America

Fees Bank's October 18, 2017 motion for appellate
attorney's fees against appellant Stephanie
Schneider is denied.

07/25/2018 Deny Attorney's ORDERED that the appellant's December 12,

Fees 2017 motion for appellate attorney's fees is
denied.

08/08/2018 Motion for Ryan D. Gesten

Extension of Time 240760

08/09/2018 Notice Ryan D. Gesten OF NON-OPPOSITION TO MOTION FOR

240760 EXTENSION OF TIME TO FILE MOTION
FOR REHEARING

08/13/2018 Grant Extension of ORDERED that appellant's August 8, 2018

Time motion for extension of time is granted, and the
time in which to file a motion for rehearing is
extended to and including August 15, 2018.
 08/15/2018 Motion For Ryan D. Gesten
Rehearing 240760

08/20/2018 RESPONSE Henry H Bolz TO APPELLANT'S MOTION FOR

0260071 REHEARING

08/22/2018 ORD-Denying ORDERED that the appellant's August 15, 2018

Rehearing motion for rehearing is denied.

08/22/2018 West Publishing

09/07/2018 Mandate

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