9/14/2020 Florida District Courts of Appeal Online Docket

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
 
9/14/2020 1:16:35 PM
Date
Description Filed By Notes
Docketed
Notice of Appeal
07/18/2017 Laurence Schneider
Filed
Notice of Appeal Clerk Palm Beach
07/18/2017
Filed CC02
Acknowledgment
07/19/2017
Letter
07/19/2017 ORD-Pay Filing Fee The jurisdiction of this court was invoked by filing of
- pro se civil appeal a Notice of Appeal in the lower tribunal. 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.
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Order for
07/19/2017 Amendment to
Notice of Appeal
Amended Notice of Clerk Palm Beach
07/19/2017
Appeal CC02
07/25/2017 Case Filing Fee
07/27/2017 Notice
08/04/2017 Motion To Stay
Miscellaneous
08/08/2017
Motion
08/09/2017 Miscellaneous Order
08/11/2017 Notice
08/16/2017 Miscellaneous Order
**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.
ORDERED that the appellant is directed to file,
within ten (10) days from the date of this order, 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.
"OF APPARENT SCRIVENER'S ERROR IN
Henry H Bolz
CONFORMED COPY OF FINAL FORECLOSURE
0260071
JUDGMENT"
**DENIED AS MOOT-- SEE 8/16/17 ORDER**
FILED BY (?) FOR PRO SE APPELLANT
Henry H Bolz "APPELLEE'S SUGGESTION OF LACK OF
0260071 JURISDICTION"
Upon consideration of appellee's July 27, 2017
"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.
Henry H Bolz
OF MOOTNESS
0260071
Upon consideration of appellants' notice of 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
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September 12, 2017, and further set an evidentiary

hearing on the issue of whether the sale should be
stayed pending appellate review.
TO APPELEE'S MOTION FOR LACK OF
08/22/2017 Objection Laurence Schneider
JURISDICTION
ORDERED that appellee's request for this court not to
consider this appeal as to appellant Stephanie
Schneider, contained in appellee's August 8, 2017
Deny Miscellaneous "suggestion of lack of jurisdiction," is denied. By
08/28/2017
Motion 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.
Henry H Bolz
09/20/2017 Motion To Dismiss **GRANTED IN PART/DENIED IN PART**
0260071
Mot. for Extension
09/26/2017 of time to file Initial Laurence Schneider ***STRICKEN- SEE 10/11/17 ORDER**
Brief
Henry H Bolz /OBJECTION TO APPELLANTS' MOTION FOR
09/27/2017 Response
0260071 EXTENSION OF TIME TO FILE INITIAL BRIEF
ORDERED that appellee's September 20, 2017
motion to dismiss is granted in part and denied in
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
ORD-Denying appellants' September 26, 2017 motion for extension
10/11/2017 Aplee's Motion to of time is stricken, as it appears that a third party
Dismiss 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.
Mot. to set briefing Henry H Bolz *AND* TO COMPEL APPELLANT TO PAY FOR
10/18/2017
schedule 0260071 PREPARATION OF THE RECORD ON APPEAL
Motion For Henry H Bolz
10/18/2017
Attorney's Fees 0260071
11/07/2017 ORD-Setting ORDERED that appellee's October 18, 2017 motion
Briefing Schedule 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
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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.
Mot. for Extension
Robin I. Frank
11/15/2017 of time to file Initial
0649619
Brief
ORDERED that appellant's November 15, 2017
motion for extension of time is granted, and appellant
shall serve the initial brief by December 6, 2017. In
Order Granting EOT
11/16/2017 addition, if the initial brief is not served within the
for Initial Brief
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.
Clerk Palm Beach
11/21/2017 Received Records (1248 PAGES)
CC02
Robin I. Frank
11/22/2017 Notice OF COMPLIANCE WITH 11/07/17 ORDER
0649619
ORDERED that appellee's October 18, 2017 motion
ORD-Deferring to
12/04/2017 for attorneys' fees is deferred and will be considered
Merits Panel
by the merits panel in this case.
Mot. for Extension
Robin I. Frank
12/04/2017 of time to file Initial
0649619
Brief
ORDERED that appellant's December 4, 2017 motion
for extension of time is granted, and appellant shall
serve the initial brief on or before December 13,
Order Granting EOT
12/08/2017 2017. In addition, if the initial brief is not served
for Initial Brief
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.
Motion To File
Robin I. Frank
12/12/2017 Supplemental
0649619
Record
Supplemental Robin I. Frank
12/12/2017
Records 0649619
Motion For Ryan D. Gesten
12/12/2017 (RESPONSE FILED 12/26/17)
Attorney's Fees 240760
Request for Oral
12/12/2017
Argument
Initial Brief on Ryan D. Gesten
12/13/2017
Merits 240760
12/22/2017 Mot. for Extension Henry H Bolz
of time to file 0260071
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Answer Brief
ORDERED that appellee's December 22, 2017
motion for extension of time is granted, and appellee
shall serve the answer brief on or before February 7,
Order Granting EOT
12/22/2017 2018. In addition, appellee is notified that the failure
for Answer Brief
to serve the brief within the time provided herein may
foreclose appellee's right to file a brief or otherwise
participate in this appeal.
Henry H Bolz
12/26/2017 Response TO MOTION FOR ATTY'S FEES
0260071
Henry H Bolz
12/26/2017 Response TO MOTION TO SUPPLEMENT THE RECORD
0260071
Henry H Bolz
12/26/2017 Motion To Strike PORTIONS OF RECORD
0260071
ORDERED that appellant's December 12, 2017
ORD-Allowing motion to supplement the record is granted, and the
01/05/2018 Attachment to proposed supplemental record is deemed filed.
Record Further ORDERED that the December 26, 2017
motion to strike is denied.
Appellee's Answer Henry H Bolz
02/07/2018
Brief 0260071
Motion For Henry H Bolz
02/08/2018
Attorney's Fees 0260071
Mot. for Extension
Ryan D. Gesten
02/21/2018 of Time to File
240760
Reply Brief
ORDERED that appellant's February 21, 2018 motion
Order Granting EOT for extension of time is granted, and appellant shall
02/23/2018 for Appellant's serve the reply brief on or before March 29, 2018. In
Reply Brief addition, if the reply brief is served after the time
provided for in this order, it may be stricken.
Mot. for Extension
Robin I. Frank
03/22/2018 of Time to File
0649619
Reply Brief
ORDERED that appellant's March 22, 2018 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
ORD-Reply Brief to
03/23/2018 other sanctions. Appellant is advised that no further
be Served
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.
After reviewing the briefs, the court, pursuant to
ORD-Dispensing Florida Rule of Appellate Procedure 9.320, has
04/05/2018
Oral Argument dispensed with oral argument. The case will be
submitted to a conference by a panel of the court.

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

Brief 240760
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
05/01/2018 ORD-Stricken
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.
Appellant's Reply Ryan D. Gesten
05/02/2018 **CORRECTED**
Brief 240760
Affirmed in
07/25/2018 Part/Reversed in Part
- Authored Opinion
ORDERED that the appellee's February 8, 2018
motion for appellate attorney's fees against appellant,
Laurence Schneiderl, is granted. On remand, the trial
court shall set the amount of the attorney's fees to be
Order Granting
awarded for this appellate case. If a motion for
07/25/2018 Attorney Fees-
rehearing is filed in this court, then services rendered
Unconditionally
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.
ORDERED that the appellee, First America Bank's
Deny Attorney's
07/25/2018 October 18, 2017 motion for appellate attorney's fees
Fees
against appellant Stephanie Schneider is denied.
Deny Attorney's ORDERED that the appellant's December 12, 2017
07/25/2018
Fees motion for appellate attorney's fees is denied.
Motion for Ryan D. Gesten
08/08/2018
Extension of Time 240760
OF NON-OPPOSITION TO MOTION FOR
Ryan D. Gesten
08/09/2018 Notice EXTENSION OF TIME TO FILE MOTION FOR
240760
REHEARING
ORDERED that appellant's August 8, 2018 motion
Grant Extension of for extension of time is granted, and the time in which
08/13/2018
Time to file a motion for rehearing is extended to and
including August 15, 2018.
Motion For Ryan D. Gesten
08/15/2018
Rehearing 240760
Henry H Bolz
08/20/2018 Response TO APPELLANT'S MOTION FOR REHEARING
0260071
ORD-Denying ORDERED that the appellant's August 15, 2018
08/22/2018
Rehearing motion for rehearing is denied.
08/22/2018 West Publishing
09/07/2018 Mandate

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