|
Doc.
|
Date Docketed
|
Description
|
Filed by
|
Notes
|
|
04/08/2011
|
NOTICE-DISCRETIONARY JURIS (CERT GPI)
|
PT Roman Pino BY: WD Enrique Nieves, Iii 41736
|
|
|
|
04/11/2011
|
ORDER-HIGH PROFILE
|
|
Because of significant public and media interest in this matter, counsel for the parties are directed to hereafter file an original and eight copies of all pleadings filed with this Court. Per this Court's Administrative Order In Re: Mandatory Submission of Electronic Copies of Documents, AOSC04-84, dated September 13, 2004, counsel are directed to transmit a copy of all documents, including any attachments and appendices, in an electronic format as required by the provisions of that order. All electronic documents filed shall be accessible to persons with disabilities in the manner required by Section 508 of the Federal Rehabilitation Act, the Americans with Disabilities Act, sections 282.601 through 282.606, Florida Statutes, and any related regulations or guidelines. FOR GENERAL FILING INFORMATION AND ADMINISTRATIVE ORDER NO. AOSC04-84, PLEASE VISIT THE CLERK'S OFFICE WEBSITE AT http://www.floridasupremecourt.org/clerk/index.shtml.
|
|
04/12/2011
|
Filing Fee $300
|
2011 - 1015299 Amount: $300
|
|
|
04/12/2011
|
Fee Paid in Full
|
|
|
|
04/15/2011
|
ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE)
|
|
The Court accepts jurisdiction of this case. Oral argument will be set by separate order. Counsel for the parties will be notified of the oral argument date approximately sixty days prior to oral argument.
Petitioner's initial brief on the merits shall be served on or before May 10, 2011; respondent's answer brief on the merits shall be served twenty days after service of petitioner's initial brief on the merits; and petitioner's reply brief on the merits shall be served twenty days after service of respondent's answer brief on the merits. Please file an original and seven copies of all briefs. The Clerk of the Fourth District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before June 14, 2011. The record shall include the briefs filed in the district court separately indexed.
|
|
05/09/2011
|
MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
|
PT Roman Pino BY: WD Enrique Nieves, Iii 41736
|
O&8 & E-MAIL
|
|
05/13/2011
|
ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
|
|
Petitioner's motion for extension of time is granted and petitioner is allowed to and including June 9, 2011, 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.
Per this Court's Administrative Order In Re: Mandatory Submission of Electronic Copies of Documents, AOSC04-84, dated September 13, 2004, counsel are directed to transmit a copy of all briefs in an electronic format as required by the provisions of that order.
|
|
05/13/2011
|
MOTION-TOLL TIME
|
PT Roman Pino BY: WD Enrique Nieves, Iii 41736
|
FOR SERVICE OF INITIAL BRIEF PENDING PETITIONER'S MOTION FOR EXTENSION OF TIME (O&8 E-MAIL)
|
|
06/03/2011
|
RECORD/TRANSCRIPT
|
Hon. Marilyn Nemzura Beuttenmuller, Clerk BY: Hon. Marilyn Nemzura Beuttenmuller, Clerk
|
CONSISTING OF 3 VOLUMES OF RECORD
|
|
|
06/13/2011
|
INITIAL BRIEF-MERITS
|
PT Roman Pino BY: WD Enrique Nieves, Iii 41736
|
O&8 & E-MAIL
|
|
|
06/13/2011
|
APPENDIX
|
PT Roman Pino BY: WD Enrique Nieves, Iii 41736
|
O&8 & E-MAIL
|
|
06/28/2011
|
MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
|
RS Bank Of New York Mellon Trust Company, N.A. BY: RS Katherine E. Giddings 949396
|
E-MAIL (06/29/2011: 8 COPIES FILED)
|
|
06/28/2011
|
MOTION-TOLL TIME
|
RS Bank Of New York Mellon Trust Company, N.A. BY: RS Katherine E. Giddings 949396
|
TO SERVE ANSWER BRIEF (06/29/2011: 8 COPIES FILED & E-MAIL)
|
|
07/01/2011
|
ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
|
|
Respondent's motion for extension of time is granted and respondent is allowed to and including August 4, 2011, in which to serve the answer brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO RESPONDENT FOR THE FILING OF THE ANSWER BRIEF ON THE MERITS. All other times will be extended accordingly.
Per this Court's Administrative Order In Re: Mandatory Submission of Electronic Copies of Documents, AOSC04-84, dated September 13, 2004, counsel are directed to transmit a copy of all briefs in an electronic format as required by the provisions of that order.
|
|
07/25/2011
|
NOTICE-DISMISS (VOLUNTARY STIPULATION)
|
PT Roman Pino BY: WD Enrique Nieves, Iii 41736
|
O&8 (E-MAIL SENT 7/26/11)
|
|
12/08/2011
|
ORDER-BRIEF SCHED (MISC)
|
|
The parties having filed a Stipulation for Dismissal pursuant to Florida Rule of Appellate Procedure 9.350(b), and after consideration of said Stipulation, it is ordered that the Stipulation for Dismissal is disapproved. Respondents' shall have to and including December 28, 2011, in which to serve the answer brief on the merits and petitioner's reply brief on the merits shall be served twenty days after service of respondent's brief on the merits. Please file an original and seven copies of all briefs.(36 FLW S711)
|
|
12/08/2011
|
ORDER-DISMISS DY
|
|
SEE OPINION ISSUED 12/08/2011 (76 SO. 3D 927)
|
|
12/13/2011
|
NOTICE-AMICUS CURIAE INTENT TO APPEAR
|
|
|
|
12/15/2011
|
MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
|
RS Bank Of New York Mellon Trust Company, N.A. BY: RS Bruce S. Rogow 67999
|
|
|
12/15/2011
|
NOTICE-APPEARANCE
|
RS Bank Of New York Mellon Trust Company, N.A. BY: RS Bruce S. Rogow 67999
|
|
|
12/15/2011
|
MOTION-TOLL TIME
|
RS Bank Of New York Mellon Trust Company, N.A. BY: RS Bruce S. Rogow 67999
|
|
|
12/20/2011
|
MOTION-AMICUS CURIAE
|
DA2 Forensic Professional Group Us FPG-USA BY: DA2 Richard M. Kahn
|
O&7 & E-MAIL
|
|
12/21/2011
|
RESPONSE
|
RS Bank Of New York Mellon Trust Company, N.A. BY: RS Bruce S. Rogow 67999
|
RESPONDENT'S OBJECTION TO RICHARD M. KAHN'S "MOTION FOR LEAVE TO FILE AN AMICUS BRIEF"
|
|
12/22/2011
|
ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
|
|
Respondent's Unopposed Motion for Extension of Time is granted and respondent is allowed to and including January 17, 2012, in which to serve the answer brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO RESPONDENT FOR THE FILING OF THE ANSWER BRIEF ON THE MERITS. All other times will be extended accordingly.
|
|
12/22/2011
|
ORDER-AMICUS CURIAE DY
|
|
The motion for leave to file as amicus curiae filed in the above cause by Richard M. Kahn on behalf of Forensic Professionals Group USA (FPG-USA) is hereby denied.
|
|
12/27/2011
|
MOTION-AMICUS CURIAE
|
MP Kaufman, Englett, And Lynd, Pllc BY: MP Craig Ronald Lynd 122210
|
O&7 & E-MAIL (12/30/2011: AMENDED MOTION WITH NAME AND BAR NUMBER OF ATTORNEY FILING MOTION - ORIGINAL ONLY & E-MAIL)
|
|
|
12/27/2011
|
AMICUS CURIAE INITIAL BRIEF-MERITS
|
MP Kaufman, Englett, And Lynd, Pllc BY: MP Craig Ronald Lynd 122210
|
O&7 & E-MAIL
|
|
01/06/2012
|
ORDER-AMICUS CURIAE GR
|
|
The motion for leave to file brief as amicus curiae filed by Kaufman, Englett, and Lynd, PLLC is hereby granted and they are allowed to file brief only in support of petitioner. The brief by the above referenced amicus curiae was filed with this Court on December 27, 2011.
|
|
01/09/2012
|
MAIL RETURNED
|
|
TARA A. CAMPION - 12/22/2011 ORDER (02/02/2012: REMAILED TO CORRECT ADDRESS)
|
|
01/12/2012
|
MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
|
RS Bank Of New York Mellon Trust Company, N.A. BY: RS Katherine E. Giddings 949396
|
O&8 & E-MAIL
|
|
01/12/2012
|
MOTION-TOLL TIME
|
RS Bank Of New York Mellon Trust Company, N.A. BY: RS Katherine E. Giddings 949396
|
O&8 & E-MAIL
|
|
01/12/2012
|
ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
|
|
Respondent's motion for extension of time is granted and respondent is allowed to and including January 24, 2012, in which to serve the answer brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO RESPONDENT FOR THE FILING OF THE ANSWER BRIEF ON THE MERITS. All other times will be extended accordingly.
|
|
01/23/2012
|
MOTION-AMICUS CURIAE
|
NPAC Florida Land Title Association FLTA BY: NPAC Kenneth B. Bell 347035
|
|
|
01/23/2012
|
MOTION-AMICUS CURIAE
|
MR Mortgage Bankers Association MBA BY: MR Elaine J. James 791709
|
|
|
01/24/2012
|
NOTICE
|
NPAC Florida Land Title Association FLTA BY: NPAC Kenneth B. Bell 347035
|
OF AMENDED CERTIFICATE OF SERVICE REGARDING MOTION FOR LEAVE TO FILE BRIEF AS AMICUS CURIAE (O&8)
|
|
|
01/25/2012
|
ANSWER BRIEF-MERITS
|
RS Bank Of New York Mellon Trust Company, N.A. BY: RS Bruce S. Rogow 67999
|
O&7 W/APPENDIX & E-MAIL
|
|
01/25/2012
|
REQUEST-ORAL ARGUMENT
|
RS Bank Of New York Mellon Trust Company, N.A. BY: RS Bruce S. Rogow 67999
|
O & E-MAIL
|
|
01/26/2012
|
ORDER-AMICUS CURIAE GR
|
|
The motion for leave to file brief as amicus curiae filed by the American Land Title Association ("ALTA") and the Florida Land Title Association ("FLTA") is hereby granted. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
|
|
01/26/2012
|
ORDER-AMICUS CURIAE GR
|
|
The motion for leave to file brief as amicus curiae filed by the Mortgage Bankers Association ("MBA") and the Florida Bankers Association ("FBA") is hereby granted and they are allowed to file brief only in support of respondents. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
|
|
02/01/2012
|
NOTICE
|
MR Mortgage Bankers Association MBA BY: MR Elaine J. James 791709
|
LETTER DATED 01/30/2012 NOTICE OF FIRM NAME CHANGE (8 COPIES FILED)
|
|
|
02/03/2012
|
AMICUS CURIAE ANSWER BRIEF-MERITS
|
NPAC American Land Title Association ALTA BY: NPAC Kenneth B. Bell 347035
|
O&8 & E-MAIL
|
|
|
02/03/2012
|
AMICUS CURIAE ANSWER BRIEF-MERITS
|
MR Mortgage Bankers Association MBA BY: MR Mitchell W. Berger 311340
|
O&7 & E-MAIL (02/06/2012: 1 COPY FILED)
|
|
02/21/2012
|
NOTICE
|
PT Roman Pino BY: WD Enrique Nieves, Iii 41736
|
FILED AS "NOTICE OF CHANGE OF FIRM" (O&8 & E-MAIL)
|
|
02/21/2012
|
MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
|
PT Roman Pino BY: WD Enrique Nieves, Iii 41736
|
O&8 & E-MAIL
|
|
02/21/2012
|
MOTION-TOLL TIME
|
PT Roman Pino BY: WD Enrique Nieves, Iii 41736
|
O&8 &-E-MAIL
|
|
|
02/24/2012
|
REPLY BRIEF-MERITS
|
PT Roman Pino BY: PT Thomas E. Ice 521655
|
O&7 & E-MAIL
|
|
02/24/2012
|
MOTION-STRIKE
|
PT Roman Pino BY: PT Thomas E. Ice 521655
|
FILED AS "PETITIONER'S VERIFIED MOTION TO STRIKE UNAUTHORIZED MOTIONS FILED BY KING, NIEVES & ZACKS, PLLC" (O&7 & E-MAIL)
|
|
02/24/2012
|
MAIL RETURNED
|
|
TARA A. CAMPION - 01/06/2012 ORDER (02/27/2012: REMAILED TO CORRECT ADDRESS)
|
|
03/02/2012
|
ORDER-STRIKE GR
|
|
Petitioner's Verified Motion to Strike Unauthorized Motions filed by Enrique Nieves of King, Nieves and Zacks, PLLC, is granted and the Unopposed Motion for Extension of Time to Serve the Reply Brief and Request to Toll Time filed by attorney Enrique Nieves of King, Nieves and Zacks, PLLC, are hereby stricken.
|
|
03/02/2012
|
ORDER-OA SCHED (PREV ACCEPTED)
|
|
The Court previously accepted jurisdiction. The Court will hear oral argument at 9:00 a.m., Thursday, May 10, 2012.
A maximum of twenty minutes to the side is allowed for the argument, but counsel is expected to use only so much of that time as is necessary.
NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP.
|
|
03/02/2012
|
ORAL ARGUMENT CALENDAR
|
|
|
|
03/05/2012
|
RESPONSE
|
PT Roman Pino BY: WD Enrique Nieves, Iii 41736
|
FILED AS " MEMORANDUM IN OPPOSITION OF ICE LEGAL'S MOTION TO STRIKE AND MOTION TO WITHDRAW" (O& 8 & E-MAIL)
|
|
03/09/2012
|
ORDER-COUNS WITHDRAWAL GR
|
|
The motion to withdraw as attorney of record for petitioner is granted and Enrique Nieves, III is hereby allowed to withdraw as co-counsel for petitioner.
|
|
04/23/2012
|
NOTICE-APPEARANCE
|
PT Roman Pino BY: PT Amanda L. Lundergan 74883
|
O&9 & E-MAIL
|
|
05/10/2012
|
ORAL ARGUMENT HELD
|
|
|
|
05/10/2012
|
MOTION-AMICUS CURIAE
|
DA1 Brian Bevan BY: DA1 Brian Bevan
|
|
|
05/10/2012
|
AMICUS CURIAE INITIAL BRIEF-MERITS
|
DA1 Brian Bevan BY: DA1 Brian Bevan
|
**STRICKEN - SEE 08/21/12 ORDER**
|
|
05/15/2012
|
NOTICE-SUPPLEMENTAL AUTHORITY
|
PT Roman Pino BY: PT Amanda L. Lundergan 74883
|
O&7 (NOT E-FILED) (DOES NOT CONTAIN COPY OF CITED AUTHORITY) - (**STRICKEN** - SEE ORDER DATED 05/15/2012)
|
|
05/15/2012
|
ORDER-SUPP AUTHORITY STRICKEN
|
|
Petitioner's Notice of Supplemental Authority does not comply with Florida Rule of Appellate Procedure 9.225 and is hereby stricken as it does not contain a copy of the cited authority.
|
|
05/23/2012
|
NOTICE-SUPPLEMENTAL AUTHORITY
|
PT Roman Pino BY: PT Amanda L. Lundergan 74883
|
|
|
08/06/2012
|
NOTICE-DESIGNATION OF E-MAIL ADDRESSES
|
RS Bank Of New York Mellon Trust Company, N.A. BY: RS Katherine E. Giddings 949396
|
FILED AS "NOTICE OF DESIGNATION OF PRIMARY AND SECONDARY E-MAIL ADDRESSES IN COMPLIANCE WITH NEW MANDATORY E-MAIL SERVICE RULE" - Katherine E. Giddings, Bruce S. Rogow and Tara A. Campion
|
|
08/21/2012
|
ORDER-AMICUS CURIAE DY
|
|
The Motion for Leave to File Brief as Amicus Curiae Brian Bevan in Support of Petitioner is hereby denied and the brief of amicus curiae filed with this Court on May 10, 2012, is hereby stricken.
|
|
11/29/2012
|
NOTICE-DESIGNATION OF E-MAIL ADDRESSES
|
MR Mortgage Bankers Association MBA BY: MR Elaine J. James 791709
|
|
|
|
02/07/2013
|
DISP-APPROVED
|
|
Based on the above, we answer the certified question in the negative. We hold that when a defendant alleges fraud on the court as a basis for seeking to set aside a plaintiff¿s voluntary dismissal, the trial court has jurisdiction to reinstate the dismissed action only when the fraud, if proven, resulted in the plaintiff securing affirmative relief to the detriment of the defendant and, upon obtaining that relief, voluntarily dismissing the case to prevent the trial court from remedying the effects of the fraudulent conduct. Any affirmative relief the plaintiff obtained against the defendant as a result of the fraudulent conduct would clearly have an adverse impact on the defendant, thereby entitling the defendant to seek relief to set aside the voluntary dismissal pursuant to Florida Rule of Civil Procedure 1.540(b)(3). In this case, because BNY Mellon did not obtain affirmative relief before taking the voluntary dismissal, the trial court did not have jurisdiction to reinstate the dismissed foreclosure action for the purpose of dismissing the action with prejudice. We also conclude that the trial court did not have the inherent authority to strike the notice of voluntary dismissal. Because Pino sought no other available sanctions, and the case has since been resolved between the parties, we need not reach the question of whether the trial court should be able to award monetary sanctions under the circumstances of this case.We therefore approve the result reached by the Fourth District affirming the trial court¿s denial of Pino¿s motion. While affirming the decision of the Fourth District, we also understand the concerns of those who discuss the multiple abuses that can occur from fraudulent pleadings being filed with the trial courts in this state. While rule 1.420(a)(1) has well served the litigants and courts of this state, we request the Civil Procedure Rules Committee review this concern and make a recommendation to this Court regarding whether (a) explicit sanction authority should be provided to a trial court pursuant to rule 1.110(b), even after a case is voluntarily dismissed, (b) rule 1.420(a)(1) should be amended to expressly allow the trial court to retain jurisdiction to rule on any pending sanction motions that seek monetary sanctions for abuses committed by either party during the litigation process, or to allow the trial court explicit authority to include attorney¿s fees in any award to a party when the dismissed action is reinstated, or (c) to adopt a rule similar to Federal Rule 11 to provide explicit authority for the trial court to impose sanctions. It is so ordered.
|
|
02/15/2013
|
LETTER
|
RS Bank Of New York Mellon Trust Company, N.A. BY: RS Katherine E. Giddings 949396
|
|
|
02/22/2013
|
RESPONSE
|
RS Bank Of New York Mellon Trust Company, N.A. BY: RS Katherine E. Giddings 949396
|
TO PETITIONER'S MOTION FOR CLARIFICATION
|
|
02/22/2013
|
MOTION-OTHER SUBSTANTIVE
|
PT Roman Pino BY: PT Thomas E. Ice 521655
|
FILED AS "MOTION FOR CLARIFICATION" (RC)
|
|
10/03/2013
|
RECORD/TRANSCRIPT RETURNED
|
|
3 VOLUMES RECORD
|
|
|
10/04/2013
|
MANDATE
|
|
CC:COUNSEL
|
|
10/18/2013
|
MAIL RETURNED
|
RS Bank Of New York Mellon Trust Company, N.A. BY: RS William P. Heller 987263
|
RS Bank Of New York Mellon Trust Company, N.A. BY: RS William Patrick Heller 987263 (MANDATE) RETURN, NOT AT THIS ADDRESS (01/28/2014: FORWARDED TO CURRENT ADDRESS)
|
|
01/27/2014
|
ARCHIVES
|
|
File
|
