FW: Service of Court Document - Case Number 502016CA009292XXXXMB
FW: Service of Court Document - Case Number 502016CA009292XXXXMB
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Motion To Strike.pdf
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Here is Bolz again. He is coming after all of us now. We need to file a new federal case, including RICO and naming
Bolz and Keller & Bolz as Defendants along with FAB. Motion for a TRO.
From: eservice@myflcourtaccess.com [mailto:eservice@myflcourtaccess.com]
Filing Information
Filing #: 62208103
Filing Time: 09/29/2017 03:16:17 PM ET
Filer: Henry H Bolz III 305-529-8500
Court: Fifteenth Judicial Circuit in and for Palm Beach County, Florida
Case #: 502016CA009292XXXXMB
Court Case #: 50-2016-CA-009292-XXXX-MB
Case Style: FIRST AMERICAN BANK - SCHNEIDER, LAURENCE S
Documents
Title File
M2 Strike 09-29-17.pdf
Motion To Strike
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request_id#:62208103;Audit#:211921273;UCN#:502016CA009292XXXXMB;
Filing# 62208103 E-Filed 09/29/2017 03:16:17 PM
DIVISION AW
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successor by merger to Bank of
Coral Gables, LLC,
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Plaintiff,
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V.
LAURENCE S. SCHNEIDER,
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STEPHANIE L. SCHNEIDER, et al.,
Defendants.
______________/
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MOTION TO STRIKE DEFENDANTS' OBJECTION
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COMES NOW the Plaintiff, FIRST AMERICAN BANK, by and through its
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undersigned counsel, and in accordance with the applicable Florida Rules of Civil
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Procedure and R. Regulating Fla. Bar 4-5.5, hereby files this its Motion to Strike
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Since May 1, 2017, the Defendants have ostensibly been representing themselves
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SCH N El DER is an attorney admitted to The Florida Bar and, accordingly, neither of them
FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 09/29/2017 03:16:17 PM
On September 28, 2017, Defendants, LAURENCE SCHNEIDER and STEPHANIE
hereto as Exhibit "1." Upon close examination, however, it quickly becomes obvious that
Exhibit "B" attached to the Objection contains a September 28, 2017 (8:15 a.m.) email
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from Defendant, LAURENCE SCHNEIDER to Brent Tantillo of "Tantillo Law," 1 wherein
the Defendant directs Brent Tantillo to: "We need to postpone this" - the October 2, 2017
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scheduled hearing. A copy of Defendant, LAURENCE SCHNEIDER, email to Brent
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Tantillo is attached hereto as Exhibit "B" to Exhibit "1."
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Brent Tantillo, is an attorney licensed to practice in the District of Columbia. 2 Brent
Tantillo is not a member of the Florida Bar nor is he authorized to practice law in this case
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by virtue of an order allowing him to appear pro hac vice or otherwise. Respectfully,
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Plaintiff would suggest that Defendants' Objection (a somewhat polished legal document)
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which was filed just 7 hours and 12 minutes after Defendant's, LAURENCE SCHNEIDER,
email directing Brent Tantillo to "postpone" FIRST AMERICAN's October 2, 2017 hearing
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(Exhibit "1 ") was drafted by Brent Tantillo (or some other lawyer at "Tantillo Law"), not by
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the Defendants.
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2 On September 26, 2017, Defendants (Appellants in the pending appeal to the 4 th DCA) purportedly
prepared and filed a Motion for Extension of Time to File Initial Brief, which was not signed by either
Defendant. Rather, it was signed by "Brent Tantillo for" the Defendants. A copy of Defendants' Motion for
Extension of Time to File Initial Brief is attached hereto as Exhibit "2." Plaintiff's Response/Objection to
Defendants' Motion for Extension of Time to File Initial Brief is attached hereto as Exhibit "3."
Page 2 of 4
In this same regard, FIRST AMERICAN would further advise this Court that on
September 1, 2017, Brent Tantillo not only attended the hearing on Defendants
date of August 7, 2017), which this Court is treating as a Motion for Stay of for the
Foreclosure Sale Pending Appeal, but also consulted with and instructed the Defendants
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during the hearing.
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attorney, by preparing Defendants' Objection, consulting with the Defendants during the
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September 1, 2017 hearing and signing Defendant's Motion for Extension of Time to File
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Initial Brief, has done so in knowing and intentional violation of the Rules Regulating The
Florida Bar. Specifically, Brent Tantillo is engaging in the unauthorized practice of law on
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behalf of the Defendants. See R. Regulating Fla. Bar 4-5.5.
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October 2, 2017 Hearing be stricken from the record and that Brent Tantillo be directed
by this Court to cease and desist from the unlicensed practice of law in this litigation,
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together with such further and other relief as the Court deems just and appropriate under
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the circumstances.
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Respectfully submitted,
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Email: hbolz@kellerbolz.com
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By: s/ Henry H. Bolz. Ill
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Henry H. Bolz, Ill
Florida Bar No. 260071
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CERTIFICATE OF SERVICE
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WE HEREBY CERTIFY that a true and correct copy of the foregoing, Motion to
Strike Defendants' Objection and Notice of Unauthorized Practice of Law, was delivered
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Oaks at Boca Raton, 6111 Broken Sound Parkway, N.W., #200, Boca Raton, FL 33487
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Page 4 of 4
Filing# 62147415 E-Filed 09/28/2017 03:27:28 PM
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Plaintiff
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Vs.
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LAURENCE SCHNEIDER, STEPHANIE L.
SCHNEIDER, et. Al.
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Defendants FI
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pursuarit to an Order issued by this Court on September 27, 2017 on Defendants' emergency
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motion to extend the injunction which was cancelled due to Hurricane Irma, and pursuant to an
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email sent by counsel for Plaintiff First American Bank ("FAB") setting an arbitrary date without
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In the September 27, 2017 Order [See attached Exhibit A], this Court stated unequivocally
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that, "ORDERED that the parties shall coordinate a hearing in the newly assigned Division
AH ... It is further ORDERED that a sale date shall not occur prior to the hearing."
[ExhibitA- Order].
Exhibit "1"
On September 28, 2017, counsel for FAB sentDefendants the following email [See
"As you are both aware, the referenced Foreclosure Litigation was transferred to
Judge Lisa Small on September 19, 2017. Since that transfer, our office has been
attempting to obtain hearing dates from Judge Small's office with respect.to (1) FAB's
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Motion to Reset Foreclosure Sale and (2) your Motions to Reset Hearing on
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AppeaUthe establishment of a Supersedcas Bond). It is developing, however, that both
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motion calendar and special-set hearings can be difficult to obtain in front of Judge
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Small on short notice; we are currently advised thather earliest available hearing
date (of any type) are motion calendars at 8:45 a.m. on October 16, 18 and 19, 2017.
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Unfortunately, Acting Chief Judge Peter Blanc's Administrative Order dated
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September 14,2017 (copy attached for ease of reference), requires FAB's Motion to
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Reset Foreclosure Sale to rescheduled within 30 days from that Administrative Order.
Accordingly, FAB does not have the luxury of waiting until the week of October 16,
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2017 to reschedule the Foreclosure Sale. Laurence Schneider's emails makeit clear
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that he remains available to attend the motion calendar hearing we obtained in front
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Defendants dispute this one".'sided meet and confer on the hearing date, and atno time did
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either Defendant indicate to FAB the willingness to attend a hearing set by FAB.
To be clear, the September 27, 2017 Order_ indicated that the parties "shall coordinate a
hearing";
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However, FAB has arbitrarily picked and chosena hearing date on the Hon.Judge Small's
calendar, in total ignorance of this Court's order and without Defendants' consent.
Defendants are not able to attend the. FAB set October 2, 2017 hearing, and have indicated
While FAB grudgingly notes that October 16, 18 and 19,2017 are available for a hearing
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on the matter, Defendants request one of those three days to conductthe hearing on extending the
injunction in place and to determine what, if any, supersedes bond would be required to continue
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•said injunction.
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As Defendants are the moving party on the motion, it is only proper that Defendants be
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afforded the right to set a hearing date conducive with their respective schedules, and not be
As such, Defendants object to the October 2, 2017 hearing date set by FAB without [Bold
Emphasis Added] Defendants' consideration or agreement, and respectfully request this Court set
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the hearing on either October 16, 18 or 19,2017, in accordance with Hon. Judge Small's
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calendar.
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WHEREFORE, For the above and foregoing reasons, Defendants respectfully object to
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the arbitrary October 2, 2017 hearing date set by FAB, request that the matter be heard on either
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October 16, 18 or 19, 2017, and any such other relief as maybe afforded at this time
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Respectfully Submitted,
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STEPHANIE L. SCHNEIDER, Pro Se
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360 E. COCONUT PALM DRIVE
BOCA RATON, FL 33432
larry@sacapitalpartncrs.com.
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CERTIFICATE OF SERVICE
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I hereby certify that a copy hereof has been furnished to Henry H. Bolz III, 121 Majorca
Ave. #200. Coral Gables, FL 33134, by mail this 28th day of September 2017.
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Filing# 62156028 E-Filed 09/28/2017 04:29:05 PM
_________ _____________;/
Defendant(s).
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ORDER ON DEFENDANT'S EMERGENCY REQUEST FOR TEMPORARY
RESTRAINING ORDER/MOTION FOR ST AY PENDING APPEAL
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THIS MATTER came before the court sua sponte pursuant to the cancellation of the
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hearing scheduled for September 8, 2017 because of hurricane Irma. Inasmuch as this case has
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been reassigned to Division AH and the hearing involves the issues of whether the case should
be stayed pending appellate review and whether bond or other conditions should be set (see
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attached order), it is
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ORDERED that the parties shall coordinate a hearing in the newly assigned Division AH.
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It is further
ORDERED that a sale date shall not occur prior to the hearing.
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DONE AND ORDERED in West Palm Beach, Palm Beach County, Florida, this
ia~ho-
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Susan Lubitz Q
Senior .Judge
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Page 1 of 2
Exhibit "A"
Copies furnished to:
HENRY H. BOLZ
121 MAJORCA AVE., STE 200
CORAL GABLES, FL 33134
JAYS. LEVIN
6111 BROKEN SOUND PKWY NW, STE
#200
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BOCA RATON, FL 33487
LAURENCE S. SCHNEIDER
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360 EAST COCONUT PALM ROAD
BOCA RATON, FL 33432
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STEPHANIE L. SCHNEIDER
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360 EAST COCONUT PALM ROAD
BOCA RA TON, FL 33432
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Page 2 of2
Filing# 60089250 E-Filed 08/08/2017 10:14:51 AM
FORECLOSURE DMSION AW
CASE NO. 50-2016-CA-009292-XXXX-MB
FIRST AMERICAN BANK,
Plaintiff/Petitioner
vs.
LAURENCE S SCHNEIDER,
STEPHANIE L. SCHNEIDER,
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JEFFREY MARC HERMAN,
et al.,
Defendant/Respondents.
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- - - - - - - - - - - - - - - -I
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ORDER ON DEFENDANT SCHNEIDER'S MOTION FOR STAY OF
FORECLOSURE SALE PENDING APPEAL
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THIS MATTER came before the Court on Prose Defendant's Laurence and Stephanie L
Schneider's " Emergency Request for a Temporary Restraining Order." The Court will treat this
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as a Motion for Stay of the Foreclosures Sale, pending the appeal filed by the Defendant in
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which they seek an appellate review of the Amended Final Judgment entered on June 30, 2017.
At present, the foreclosure sale of the Defendant real property is scheduled for August
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10, 2017. That sale is cancelled and reset for Sept 12, 2017 at 10:00am at
www.mypalmbeachclerk.clerlamctioncom
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Prior to that date on Friday, September I, 2017 at 1:30 pm(l hour reserved) in Courtroom
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IOA, the Court will conduct a hearing on Defendant's Motion to Stay the Foreclosure Sales. At
that time the Court will hear arguments as to whether the action should be stayed pending
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appellate review. If so, the Court will take evidence as to whether the stay should be
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conditioned on the posting of a good and sufficient bond, or other conditions , and what the
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Page 1 of 2
FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 08/08/2017 10:14:51 AM
Case No.50-2016-CA-009292-XXXX-:MB
DONE AND ORDERED, in West Palm Beach, Palm Beach County, Florida this 8th day
of August, 2017.
so-2o·rn~cA-oil!i292.xxxx-MB oaioalio·11
James T. Ferrara
Clrcult Judge
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COPIES TO:
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HENRY H. BOLZ 121 MAJORCA AVE HBOLZ@KELLERBOLZ.CO
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SUITE200 M
CORAL GABLES, FL 33134 ahart@kellerbolz.com
JAYS.LEVIN 6111 BROKEN SOUND Jlevin@ssclawfinncom
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PKWYNW foreclosures@ssclawfinncom
#200 jaylevin.esq@gmail.com
BOCA RATON, FL 33487
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LAURENCE S. SCHNEIDER 360 EAST COCONUT PALM LARRY@SACAPITALP ART
ROAD NERS.COM
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Page 2 of2
Filing# 62156028 E-Filed 09/28/2017 04:29:05 PM
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Begin forwarded message:
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From: "Henry Bolz" <hbolz@kellerbolz.com>
To: "Larry Schneider" <larry@sacapitalpartners.com>, "Stephanie Schneider
(steffschneider13@gmail.com)" <steffschneider13@gmail.com>
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Cc: "Jay Levin Esq. (foreclosures@ssclawfirm.com)" <foreclosures@ssclawfirm.com>, "Jay Levin, Esq."
<jlevin@ssclawfirm.com>
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Subject: First American Bank v. Schneider - Foreclosure Litigation
As you are both aware, the referenced Foreclosure Litigation was transferred to Judge
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Lisa Small on September 19, 2017 Since that transfer, our office has been attempting to
obtain hearing dates from Judge Small's office with respect to (1) FAB's Motion to Reset
Foreclosure Sale and (2) your Motions to Reset Hearing on Injunction (regarding
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It is developing, however, that both motion calendar and special set hearings can be
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difficult to obtain in front of Judge Small on short notice; we are currently advised that her
earliest available hearing date (of any type) are motion calendars at 8:45 a.m. on October
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Unfortunately, Acting Chief Judge Peter Blanc's Administrative Order dated September
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14, 2017 (copy attached for ease of reference), requires FAB's Motion to Reset
Foreclosure Sale to rescheduled within 30 days from that Administrative Order.
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Accordingly, FAB does not have the luxury of waiting until the week of October 16, 2017 to
reschedule the Foreclosure Sale.
Laurence Schneider's emails make it clear that he remains available to attend the motion
calendar hearing we obtained in front of Judge Small at 8 45 am on Monday, October 2,
2017. Moreover, those emails also make it clear that Stephanie Schneider will retain legal
counsel this week; whatever attorney she might retain can attend Monday's hearing on her
behalf.
Exhibit "B"
We take this opportunity to advise you that the undersigned will be attending Judge
Small's Motion Calendar at 8:45 a.m. on Monday, October 2, 2017, at which time FAB's
Motion to Reset Foreclosure Sale is scheduled. In addition, as per the attached Re-
Notice, we are going to ask Judge Small to specially-set a one-hour evidentiary hearing on
your Motions to Stay the Foreclosure Sale Pending Appeal/establish Supersedeas Bond.
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While I hope to see one or both of you (or your respective attorneys) on Monday, October
2, 2017, at 8:45 a.m., be advised that I will be appearing before Judge Small at that
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time/date.
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Regards,
IMPORTANT: THIS E-MAIL. AND ANY ATTACHMENTS THERETO. IS INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY
TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS LEGALLY PRIVILEGED. CONFIDENTIAL AND
EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS E-MAIL IS NOT THE INTENDED RECIPIENT,
OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE E-MAIL TO THE INTENDED RECIPIENT, YOU ARE
HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY
PROHIBITED. IF YOU HAVE RECEIVED THIS E-MAIL IN ERROR, PLEASE IMMEDIATELY NOTIFY THE SENDER BY E-MAIL OR
TELEPHONE (IF CONTACT INFORMATION IS PROVIDED)AND PERMANENTLY DELETE THE ORIGINAL OR ANY PRINTOUT
THEREOF.
4 attachments
@ ATT00002.htm
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IN THE COURT OF APPEALS OF THE
STATE OF FLORIDA-FOURTH
DISTRICT
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V.
FIRST AMERICAN BANK
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Plaintiff- Appellee
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Appeal from the Fifteenth Judicial Circuit in and for Palm Beach County
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Case No. 50-2016-CA-009292
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MOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF
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ER
e_
L.:•.: •
(,..,.:,
......
Exhibit "2"
COMES NOW Appellants in Pro Per Laurence Schneider and Stephanie L Schneider,
and hereby files this Motion for Extension of Time to File Initial Brief and in support thereof
states:
1. The issues in this case are complex, and ongoing at the state level- post judgment.
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3. The Appellants request additional time in which to file the Initial Brief, so that the Initial
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Brief shall be due on or before October 25, 2017.
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4. There will be no prejudice to Appellee in granting this request for extension of time to file
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the Initial Brief.
5. This Motion is made in good faith, and not merely for purposes of delay.
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6. In order to draft the Appellants' initial brief, Appellants must receive the record to be
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compiled by the clerk of the lower court in order to properly cite to the record in the brief in
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7. However, Appellants have been prevented from obtaining this mandatory information due
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8. Without the record compiled by the clerk of the lower court in order to properly cite to the
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record in the brief in compliance with Fla. R. App. P. 9.200, the Appellants will be unable
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to file the initial brief in accordance with the deadlines prescribed by the Florida Rules of
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Appellate Procedure.
9. The undersigned certifies that the font and size in this Notice is Time New Roman, 12
of Time and grant the Appellants an extension of thirty days from the receipt of the record
index to file their initial brief, and for such other relief as may be afforded at this time.
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Respectfully Submitted,
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Boca Raton, FL
,?J;~~
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LAURENCE S. SCHNEIDER, Pro Se
360 E. COCONUT PALM DRIVE
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BOCA RATON, FL 33432
larry@sacapitalpartners.com
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CERTIFICATE OF SERVICE
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I hereby certify that a copy hereof has been furnished to Henry H. Bolz Ill, 121 Majorca
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Ave. #200. Coral Gables, FL 33134, by mail this 25 th day of September 2017.
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......ro
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(!) LAURENCE SCHNEIDER and
0...
<
,_
0
STEPHANIE SCHNEIDER,
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~0 Appellants,
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vs.
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FIRST AMERICAN BANK,
Appellee.
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___________./
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COMES NOW the Appellee, FIRST AMERICAN BANK, by and through its
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File Initial Brief (bearing an unsigned Certificate of Service date of September 25,
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2017).
Exhibit "3"
attorney admitted to The Florida Bar and, accordingly, neither of them can represent
the other.
This Court, first on August 16, 2017 and then again on August 28, 2017, made
it clear that:
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"Appellants are reminded that all filings must be signed by
both appellants."
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Order dated August 16, 2017; and
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"By order dated August 16, 2017, this court directed
appellants to file an amended notice of appeal with both
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appellants' signatures and advising them that all future
pleadings must be signed by both appellants."
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Order dated August 28, 2017.
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The Appellants' Motion for Extension of Time to File Initial Brief was filed
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with the Fourth District Court of Appeal on Tuesday, September 26, 2017. In blatant
violation of this Court's August 16 and August 28, 2017 Orders, neither
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Extension of Time to File Initial Brief. Moreover, the Motion for Extension of Time
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to File Initial Brief concludes with an unsigned Certificate of Service block dated
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September 25, 2017. Appellants never served Appellee a copy of their Motion for
Appellee would also submit that the Appellants' Motion for Extension of
Time to File Initial Brief, while not signed by either Appellant, was signed by "Brent
Page 2 of 5
Tantillo for" the Appellants. Appellee would further submit that Brent Tantillo is
not a member of The Florida Bar despite the fact that he is apparently authorized to
practice law in the District of Columbia. Appellee would also submit that Brent
Tantillo, despite not being a member of The Florida Bar or authorized to practice
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law in this case by virtue of an order allowing him to appear pro hac vice or
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Tantillo Law, PLLC
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6810 N State Road 7, Suite 300
Coconut Creek, FL 33073
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Shortly stated, Brent Tantillo, either as an individual or as a District of Columbia
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attorney, by signing Appellants' Motion for Extension of Time to File Initial Brief,
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did so in knowing and intentional violation of this Court's Orders dated August 16,
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2017 and August 28, 2017. Moreover, by signing and filing pleadings with this
Motion for Extension of Time to File Initial Brief be stricken from the record and
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that the Appellants' Motion be denied, together with such further and other relief as
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Respectfully submitted,
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Telefax: (305) 529-0228
Email: hbolz@kellerbolz.com
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By: s/Henry H. Bolz, III
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Henry H. Bolz, III
Fla. Bar No. 260071
CERTIFICATE OF SERVICE
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I hereby certify that the foregoing document, Appellee's Response/Objection
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to Appellants' Motion for Extension of Time to File Initial Brief, has been furnished
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Attorneys for Oaks at Boca Raton, 6111 Broken Sound Parkway, N.W., #200, Boca
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Extension of Time to File Initial Brief complies with the font requirements of Florida
Rule of Appellate Procedure 9 .100(1) because this memorandum has been prepared
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using Times New Roman 14-point font.
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By: s/Henry H Bolz, III
Henry H. Bolz, III
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