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Doc. Date Docketed Description Filed by Notes
05/21/2003 NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT) PT Gwendolyn Singleton BY: PT William Chennault, Jr. 224091
05/27/2003 MOTION-EXT OF TIME (JURIS BRIEF) PT Gwendolyn Singleton BY: PT William Chennault, Jr. 224091
05/30/2003 JURIS INITIAL BRIEF PT Gwendolyn Singleton BY: PT William Chennault, Jr. 224091 (O&5) WITHOUT DISKETTE
05/30/2003 APPENDIX PT Gwendolyn Singleton BY: PT William Chennault, Jr. 224091 (O&5)
06/09/2003 Case Filing Fee 2003 - 998318 Amount: $250
06/09/2003 Fee Paid in Full
06/10/2003 ORDER-EXT OF TIME GR (JURIS BRIEF-PETITIONER)
06/23/2003 JURIS ANSWER BRIEF RS Greymar Associates BY: RS Mark E. Kass 510769 O&5 W/DISKETTE (NO TABLE OF CONTENTS, NO TABLE OF CITES, NO SUMMARY OF ARGUMENT, NO ARGUMENT AND NO CONCLUSION)
06/25/2003 ORDER-BRIEF STRICKEN (NON-COMPLIANCE) Respondent's jurisdictional answer brief, which was filed with this Court on June 23, 2003, does not comply with Florida Rule of Appellate Procedure 9.210(b) and is hereby stricken. Respondent is hereby directed, on or before July 7, 2003, to serve an amended jurisdictional answer brief which contains a Table of Contents, a Table of Citations, a Summary of Argument, an Argument, and a Conclusion.
10/01/2003 ORDER-NO REQ&BRIEF SCHED/JURIS ACCEPTED SENT TO WEST 10/09/2003
10/09/2003 RECORD/TRANSCRIPT Hon. Marilyn Nemzura Beuttenmuller, Clerk BY: Hon. Marilyn Nemzura Beuttenmuller, Clerk 1 VOLUME RECORD
10/27/2003 MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) PT Gwendolyn Singleton BY: PT William Chennault, Jr. 224091
11/03/2003 ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) Petitioner's motion for extension of time is granted and petitioner is allowed to and including November 4, 2003, in which to serve the initial brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR THE FILING OF THE INITIAL BRIEF ON THE MERITS. All other times will be extended accordingly.
11/06/2003 INITIAL BRIEF-MERITS PT Gwendolyn Singleton BY: PT William Chennault, Jr. 224091 O&6 W/DISKETTE (NO SOA); 11/10/03 ONE COPY FILED
11/06/2003 APPENDIX PT Gwendolyn Singleton BY: PT William Chennault, Jr. 224091 O&6; 11/10/03 ONE COPY FILED
11/07/2003 ORDER-BRIEF STRICKEN (NON-COMPLIANCE) Petitioner's initial brief on the merits, which was filed with this Court on November 6, 2003, does not comply with Florida Rule of Appellate Procedure 9.210(b) and is hereby stricken. Petitioner is hereby directed, on or before November 26, 2003, to serve an original and seven (7) copies of an amended initial brief on the merits which a Summary of Argument.
12/01/2003 INITIAL AMD BRIEF-MERITS PT Gwendolyn Singleton BY: PT William Chennault, Jr. 224091 O&7 W/DISK (FONT TOO SMALL, NO CERTIFICATE OF COMPLIANCE)
12/01/2003 APPENDIX PT Gwendolyn Singleton BY: PT William Chennault, Jr. 224091 TO INITIAL AMD BRIEF-MERITS (O&7)
12/03/2003 ORDER-BRIEF/APPENDIX STRICKEN (NON-COMPLIANCE) Petitioner's amended initial brief on the merits and appendix were filed with this Court on December 1, 2003. Petitioner's amended initial brief on the merits does not comply with Florida Rule of Appellate Procedure 9.210(a)(2) and said amended brief, and appendix thereto, are hereby stricken. Petitioner is hereby directed, on or before December 23, 2003, to serve an original and seven (7) copies of an amended initial brief on the merits submitted in either Times New Roman 14-point font or Courier New 12-point font and which includes a Certificate of Compliance that immediately follows the Certificate of Service. Petitioner's appendix was filed with this Court on October 6, 2003.
12/23/2003 INITIAL AMD BRIEF-MERITS PT Gwendolyn Singleton BY: PT William Chennault, Jr. 224091 O&7 W/DISKETTE; 01/12/04: NEW DISKETTE FILED
12/23/2003 APPENDIX (AMENDED) PT Gwendolyn Singleton BY: PT William Chennault, Jr. 224091 O&7
01/12/2004 ANSWER BRIEF-MERITS RS Greymar Associates BY: RS Mark E. Kass 510769 O&7 W/DISKETTE
01/12/2004 MOTION-ATTORNEYS FEES RS Greymar Associates BY: RS Mark E. Kass 510769 O&7
02/27/2004 REPLY BRIEF-MERITS PT Gwendolyn Singleton BY: PT William Chennault, Jr. 224091 O&7 W/DISKETTE
02/27/2004 MOTION-ACCEPTANCE AS TIMELY FILED (BRIEF) PT Gwendolyn Singleton BY: PT William Chennault, Jr. 224091
02/27/2004 MOTION-ATTORNEYS FEES PT Gwendolyn Singleton BY: PT William Chennault, Jr. 224091
03/04/2004 ORDER-ACCEPTANCE AS TIMELY FILED GR (BRIEF) Petitioner's motion to accept brief as timely filed is granted and petitioner's reply brief on the merits was filed with this Court on February 27, 2004. Counsel is cautioned that in the future all motions for extension of time must be filed sufficiently in advance of the brief due date so that if the motion is denied counsel will be in compliance with the ordered time.
09/15/2004 DISP-APPROVED We conclude that the doctrine of res judicata does not necessarily bar successive foreclosure suits, regardless of whether or not the mortgagee sought to accelerate payments on the note in the first suit. In this case the subsequent and separate alleged default created a new and independent right in the mortgagee to accelerate payment on the note in a subsequent foreclosure action. Thus, we approve the Fourth District's decision in Singleton.
10/08/2004 RECORD/TRANSCRIPT RETURNED Hon. Marilyn Nemzura Beuttenmuller, Clerk BY: Hon. Marilyn Nemzura Beuttenmuller, Clerk 1 VOL RECORD
10/12/2004 ORDER-ATTY FEES GR & REMANDED (PARTY PREVAIL - M/O) Respondent's motion for attorney's fees is provisionally granted and is remanded to the trial court to determine the amount, conditioned on the party prevailing pursuant to applicable statutes, rules and case law.
10/12/2004 ORDER-ATTY FEES DY (J/M/O) Petitioners' motion for attorney's fees is hereby denied.
12/30/2004 ARCHIVES