Third District Court of Appeal
State of Florida
Opinion file September 3, 2014.
Not final until disposition of timely filed motion for rehearing.
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No. 3D14-1409
Lower Tribunal No. 8-66142
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Edgar Nivia,
Appellant,
vs.
Aurora Loan Services, LLC,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Victoria S.
Sigler, Judge.
Edgar Nivia, in proper person.
Akerman LLP, and Nancy M. Wallace and Ryan M. O’Connor
(Tallahassee); Akerman LLP, and William P. Heller (Fort Lauderdale) for
appellee.
Before ROTHENBERG, LOGUE and SCALES, JJ.
PER CURIAM.
Appellant, Defendant below, appeals a non-final order directing the Miami-
Dade County clerk of the court to issue a writ of possession related to property
foreclosed upon by the plaintiff in December 2011.
Appellant’s Notice of Appeal was filed on June 10, 2014. Pursuant to
Florida Rule of Appellate Procedure 9.130(e), Appellant’s Initial Brief was
required to be served no later than June 25, 2014.
In response to Appellee’s July 8, 2014 Motion to Dismiss, on August 6,
2014, we issued an Order to Show Cause as to why the appeal should not be
dismissed due to Appellant’s failure to timely file and serve his Initial Brief.
On August 18, 2014, Appellant responded to our Show Cause Order, and
filed his Initial Brief and Appendix. We therefore deny as moot Appellee’s Motion
to Dismiss, and discharge our Show Cause Order.
Upon consideration of Appellant’s Initial Brief and accompanying
Appendix, and finding no preliminary basis for reversal has been demonstrated, the
order below is summarily affirmed pursuant to Florida Rule of Appellate
Procedure 9.315(a).
Affirmed.
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