Rodriguez v. Bank Of America, N.A.
Bank Of America, N.A. |
Genny Marino Rodriguez |
1:2020cv24984 |
December 7, 2020 |
US District Court for the Southern District of Florida |
Robert N Scola |
Bankruptcy Appeal (801) |
28 U.S.C. ยง 0158 |
None |
Docket Report
This docket was last retrieved on December 30, 2020. A more recent docket listing may be available from PACER.
Document Text |
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Filing 8 Bankruptcy Order Dismissing Bankruptcy Appeal for Failure by Appellant(s) to Timely File Designation or Statement of Issues, Closing Case. Signed by Chief US Bankruptcy Judge Laurel M. Isicoff on 12/29/2020. See attached document for full details. (jc) |
Filing 7 PAPERLESS ORDER: The Court strikes #6 the Appellant Debtor's "Notice of Voluntary Dismissal." The notice purports to voluntarily dismiss "the instant action" "pursuant to Rule 1.420(a)(1) of the Florida Rules of Civil Procedure." To begin with, based on the notice's caption, it is unclear which case the Debtor seeks to dismiss: her district-court appeal or her bankruptcy action. Furthermore, and even more concerning, counsel improperly attempts to apply state rules of procedure to a case in federal court, appealing a bankruptcy-court decision. Under Federal Rule of Bankruptcy Procedure 8023, the court "must dismiss an appeal if the parties file a signed dismissal agreement specifying how costs are to be paid" or an appeal "may be dismissed on the appellant's motion on terms agreed to by the parties or fixed by the district court." Counsel has presented neither. Signed by Judge Robert N. Scola, Jr. (kbe) |
Filing 6 NOTICE of Voluntary Dismissal without prejudice by Genny Marino Rodriguez (Jacobs, Bruce) |
Filing 5 NOTICE by Bank Of America, N.A. re #1 Bankruptcy Appeal Appellee's Notice of Pending, Refiled, Related or Similar Actions (Kaufman, Dora) |
Filing 4 New Bankruptcy Appeal Case Filed - Clerk's Notice to Parties Re Administrative Order 2015-9 and Amendments to Federal Bankruptcy Rules and Local Rule 87.4 Re Processing of Bankruptcy Appeals (jc) |
Filing 3 Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jc) |
Filing 2 Bankruptcy Transmittal of re #1 Bankruptcy Appeal filed by Genny Marino Rodriguez (Attachments: #1 Docket Sheet)(dcn) |
Filing 1 Notice of APPEAL FROM BANKRUPTCY COURT (received), Bankruptcy Court case number 12-12043-LMI, filed by Genny Marino Rodriguez.(dcn) |
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Appellee: Bank Of America, N.A. | |
Represented By: | Dora Faye Kaufman |
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Appellant: Genny Marino Rodriguez | |
Represented By: | Bruce Jacobs |
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