Adversary Proceeding
Lead BK case is: 3:22-bk-01491

Florida Middle Bankruptcy Court
Chapter 11
Judge:Jacob A Brown
Case #: 3:23-ap-00002
Nature of Suit21 Bankruptcy - Validity, priority or extent of lien or other interest in property
72 Bankruptcy - Injunctive relief - other
91 Bankruptcy - Declaratory judgment
Case Filed:Jan 06, 2023
Terminated:Jan 22, 2024
Last checked: never
Defendant
Windsor Falls Condominium Association, Inc.
7400 Baymeadows Way, Suite 317
Jacksonville, FL 32256
Represented By
Windsor Falls Condominium Association, Inc.
contact info
Defendant
D.R. Horton Jacksonville, Inc.
50 North Laura Street, Suite 3000
Jacksonville, FL 32202
Represented By
D.R. Horton Jacksonville, Inc.
contact info
Plaintiff
Ansbacher Law
8818 Goodbys Executive Drive Suite 100
Jacksonville, FL 32217
Represented By
Richard R Thames
Thames Markey
contact info


Docket last updated: 05/16/2025 1:05 PM EDT
Monday, January 22, 2024
court Close Adversary Case Mon 01/22 10:22 AM
Adversary Case 3:23-ap-2 Closed. (Tonya)
Related: [-]
Tuesday, January 02, 2024
45 45 notice Notice of Stipulated Dismissal in an Adversary Proceeding Tue 01/02 4:50 PM
Amended Notice of Stipulated Dismissal in an Adversary Proceeding Filed by John Cherneski on behalf of Plaintiff Ansbacher Law. (Cherneski, John)
Related: [-]
44 44 notice Notice of Stipulated Dismissal in an Adversary Proceeding Tue 01/02 2:57 PM
Notice of Stipulated Dismissal in an Adversary Proceeding Filed by John Cherneski on behalf of Plaintiff Ansbacher Law. (Cherneski, John)
Related: [-]
Wednesday, May 24, 2023
43 43 misc Certificate of Service (AP) Wed 05/24 7:05 PM
Certificate of Service Re: Order Staying Proceeding and Suspending Deadlines Filed by Robert D Wilcox on behalf of Defendant Windsor Falls Condominium Association, Inc. Related [+]. (Wilcox, Robert)
Related: [-] 41
Monday, May 22, 2023
41 41 2 pgs order Order (Generic) Mon 05/22 4:10 PM
Order Staying Proceeding and Suspending Deadlines Related [+]. Service Instructions: Robert Wilcox is directed to serve a copy of this order on interested parties and file a proof of service within 3 days of entry of the order. (Penny)
Related: [-] 40
Thursday, May 18, 2023
42 42 court BNC Certificate of Mailing - Order Mon 05/22 4:54 PM
BNC Certificate of Mailing - Order Related [+]. Notice Date 05/18/2023. (Admin.)
Related: [-] (Related Doc #38 )
Wednesday, May 17, 2023
40 40 court CHAP Pro Memo - Hearing Held Thu 05/18 5:22 PM
Hearing Proceeding Memo: Hearing Held - APPEARANCES: Richard Thames and Patrick Joyce: Attorneys for Plaintiff; Robert Wilcox: Attorney for Defendant Windsor Falls Condominium Association, Inc.; Ellsworth Summers: Attorney for Defendant D.R. Horton Jacksonville, Inc. WITNESSES: EVIDENCE: RULING: ADVERSARY CASE IS STAYED PENDING FURTHER ORDER OF THE COURT (TERMS/CONDITIONS STATED ON THE RECORD) ORDER WILCOX RESCHEDULED STATUS CONFERENCE HELD AND CONCLUDED -Order Scheduling Continued Status Conference for 5/17/2023 at 02:00 PM Doc 33 PENDING MATTERS: -Amended Complaint Nature of Suit: 21 (Validity, priority or extent of lien or other interest in property) by John Cherneski on behalf of Ansbacher Law against Ansbacher Law Filed 2/14/23 Doc 18 -Motion to Dismiss Adversary Proceeding (Contains negative notice) Related [+] Filed by J Ellsworth Summers Jr. on behalf of Defendant D.R. Horton Jacksonville, Inc. Filed 2/10/23 Doc 19 -Corrective Motion to Dismiss Adversary Proceeding (Contains negative notice) Filed by Robert D Wilcox on behalf of Defendant Windsor Falls Condominium Association, Inc. Filed 2/10/23 Doc 21 -Order Granting in Part and Denying in Part Motion to Dismiss Adversary Proceeding filed by D.R. Horton-Jacksonville, Inc.., Order Granting in Part and Denying in Part Motion to Dismiss Adversary Proceeding filed by Windsor Falls Condominium Association, Inc. Doc 35 -Response to Defendants' Windsor Falls Condominium Association, Inc's. and D.R. Horton-Jacksonville Inc.'s Motions to Dismiss Amended Adversary Complaint Filed by John Cherneski on behalf of Plaintiff Ansbacher Law Doc 28 -Joint Report (Rule 26(f)(3) and Local Rule 7001-1(h)(3)) Filed by Richard R Thames on behalf of Plaintiff Ansbacher Law Doc 27 -Rule 26(a)(1) Initial Disclosures Filed by Robert D Wilcox on behalf of Defendant Windsor Falls Condominium Association, Inc. Doc 31 -Motion for Relief from Order Granting Defendant, Windsor Falls Condominium Association, Inc.'s Motion to Strike Plaintiff's Motion to Withdraw Reference and Plaintiff's Response in Opposition of Defendant's Motion to Strike with Memorandum of Law Filed by John Cherneski on behalf of Plaintiff Ansbacher Law Doc 30 NOTE: -Demand for Jury Trial Filed by Richard R Thames on behalf of Plaintiff Ansbacher Law on 1/31/23 Doc 6 -Notice Scheduling Meeting of the Parties Filed by Richard R Thames on behalf of Plaintiff Ansbacher Law (February 27th @ 10:00 a.m.) Doc 9 -Order Granting Motion to Extend Time for Filing Joint Rule 260(f) Report (Extended until 3/14/2023) Doc 23 Proposed Orders, if applicable, should be submitted within three days after the date of the hearing - Local Rule 9072-1(c). This docket entry/document is not an official order of the Court . (Bill)
Related: [-] 1818 19 21
39 39 motion Motion for Reconsideration (AP) Wed 05/17 3:39 PM
Amended Motion for Reconsideration Contains negative notice. Filed by John Cherneski on behalf of Plaintiff Ansbacher Law Related [+]. (Cherneski, John)
Related: [-] 35
Tuesday, May 16, 2023
38 38 order Reconsideration Tue 05/16 10:34 AM
Order Denying Motion for Reconsideration Related [+]. Service Instructions: Clerks Office to serve. (Cathy P.)
Related: [-] 37
37 37 motion Motion for Reconsideration (AP) Tue 05/16 9:26 AM
Motion for Reconsideration Filed by John Cherneski on behalf of Plaintiff Ansbacher Law Related [+]. (Cherneski, John)
Related: [-] 35
Sunday, May 07, 2023
36 36 court BNC Certificate of Mailing - PDF Document Mon 05/08 12:16 AM
BNC Certificate of Mailing - PDF Document. Related [+]. Notice Date 05/07/2023. (Admin.)
Related: [-] (Related Doc #35 )
Friday, May 05, 2023
35 35 order Dismiss Adversary Proceeding Fri 05/05 5:07 PM
Order Granting in Part and Denying in Part Motion to Dismiss Adversary Proceeding filed by D.R. Horton-Jacksonville, Inc. Related [+]., Order Granting in Part and Denying in Part Motion to Dismiss Adversary Proceeding filed by Windsor Falls Condominium Association, Inc. . Service Instructions: Clerks Office to serve. (Cathy P.)
Related: [-] 19 20
Monday, April 03, 2023
34 34 misc Proof of Service (AP) Mon 04/03 8:38 AM
Proof of Service of Order Scheduling Continued Status Conference. Filed by Richard R Thames on behalf of Plaintiff Ansbacher Law Related [+]. (Thames, Richard)
Related: [-] 33
Friday, March 31, 2023
33 33 3 pgs order Order Scheduling (Including BK Trial Matters) Fri 03/31 3:56 PM
Order Scheduling Continued Status Conference Related [+]. Hearing scheduled for 5/17/2023 at 02:00 PM at Jacksonville, FL - Courtroom 4C, 4th Floor, Bryan Simpson United States Courthouse, 300 North Hogan Street . Service Instructions: Richard Thames is directed to serve a copy of this order on interested parties and file a proof of service within 3 days of entry of the order. (Penny)
Related: [-] 27 ,1 ,32 ,30
Tuesday, March 28, 2023
32 32 court CHAP Pro Memo - Hearing Held Wed 03/29 11:19 AM
Hearing Proceeding Memo: Hearing Held - APPEARANCES: ROBERT WILCOX: ATTORNEY FOR DEFENDANT; RICHARD THAMES, BRAXTON GILLAM AND PATRICK JOYCE: ATTORNEYS FOR PLIANTIFF WITNESSES: EVIDENCE: RULING: CONTINUED TO MAY 17, 2023 AT 2:00 PM (SPECIFIC REQUIEMENTS/TERMS/CONDITION STATED ON THE RECORD) ORDER THAMES STATUS CONFERENCE -Order Scheduling Status Conference (2 hours - IN PERSON) Doc 7 PENDING MATTERS: -Amended Complaint Nature of Suit: 21 (Validity, priority or extent of lien or other interest in property) by John Cherneski on behalf of Ansbacher Law against Ansbacher Law Filed 2/14/23 Doc 18 -Motion to Dismiss Adversary Proceeding (Contains negative notice) Related [+] Filed by J Ellsworth Summers Jr. on behalf of Defendant D.R. Horton Jacksonville, Inc. Filed 2/10/23 Doc 19 -Corrective Motion to Dismiss Adversary Proceeding (Contains negative notice) Filed by Robert D Wilcox on behalf of Defendant Windsor Falls Condominium Association, Inc. Filed 2/10/23 Doc 21 -Response to Defendants' Windsor Falls Condominium Associationl, Inc's. and D.R. Horton-Jacksonville Inc.'s Motions to Dismiss Amended Adversary Complaint Filed by John Cherneski on behalf of Plaintiff Ansbacher Law Doc 28 -Joint Report (Rule 26(f)(3) and Local Rule 7001-1(h)(3)) Filed by Richard R Thames on behalf of Plaintiff Ansbacher Law Doc 27 -Rule 26(a)(1) Initial Disclosures Filed by Robert D Wilcox on behalf of Defendant Windsor Falls Condominium Association, Inc. Doc 31 NOTE: -Demand for Jury Trial Filed by Richard R Thames on behalf of Plaintiff Ansbacher Law on 1/31/23 Doc 6 -Notice Scheduling Meeting of the Parties Filed by Richard R Thames on behalf of Plaintiff Ansbacher Law (February 27th @ 10:00 a.m.) Doc 9 -Order Granting Motion to Extend Time for Filing Joint Rule 260(f) Report (Extended until 3/14/2023) Doc 23 -Motion for Relief from Order Granting Defendant, Windsor Falls Condominium Association, Inc.'s Motion to Strike Plaintiff's Motion to Withdraw Reference and Plaintiff's Response in Opposition of Defendant's Motion to Strike with Memorandum of Law Filed by John Cherneski on behalf of Plaintiff Ansbacher Law Doc 30 Proposed Orders, if applicable, should be submitted within three days after the date of the hearing - Local Rule 9072-1(c). This docket entry/document is not an official order of the Court . (Bill)
Related: [-] 1818
Friday, March 24, 2023
31 31 misc Disclosure (AP) Fri 03/24 10:51 PM
Initial Disclosure -Rule 26 Filed by Robert D Wilcox on behalf of Defendant Windsor Falls Condominium Association, Inc. Related [+]. (Wilcox, Robert)
Related: [-] 7
30 30 motion Z - Generic Motion (use only when there is no specific motion event) (AP) Fri 03/24 9:17 PM
Motion for Relief from Order Granting Defendant, Windsor Falls Condominium Association, Inc.'s Motion to Strike Plaintiff's Motion to Withdraw Reference and Plaintiff's Response in Opposition of Defendant's Motion to Strike with Memorandum of Law Filed by John Cherneski on behalf of Plaintiff Ansbacher Law Related [+]. (Cherneski, John)
Related: [-] 29
Wednesday, March 22, 2023
29 29 order Strike Wed 03/22 4:34 PM
Order Granting Motion to Strike Motion to Withdraw the Reference (The Withdraw of Reference is Stricken) Related [+]. Service Instructions: Robert Wilcox is directed to serve a copy of this order on interested parties and file a proof of service within 3 days of entry of the order. (Penny). Related document(s)25 . Modified on 3/22/2023 (Penny)
Related: [-] 26
Tuesday, March 14, 2023
28 28 answer Response - Other than Motions Tue 03/14 4:52 PM
Response to Defendants' Motions to Dismiss Amended Adversary Complaint Filed by John Cherneski on behalf of Plaintiff Ansbacher Law Related [+]. (Cherneski, John)
Related: [-] 19 ,21 ,20
Monday, March 13, 2023
27 27 misc Report (AP) Mon 03/13 2:49 PM
Joint Report (Rule 26(f)(3) and Local Rule 7001-1(h)(3)) Filed by Richard R Thames on behalf of Plaintiff Ansbacher Law. (Thames, Richard)
Related: [-]
Friday, March 10, 2023
26 26 motion Motion to Strike (AP) Fri 03/10 4:33 PM
Motion to Strike Plaintiffs Motion to Withdraw the Reference to Conduct Jury Trial and Memorandum of Law Filed by Robert D Wilcox on behalf of Defendant Windsor Falls Condominium Association, Inc. Related [+]. (Wilcox, Robert)
Related: [-] 25
25 25 motion Motion for Withdrawal of Reference (AP) Fri 03/10 2:55 PM
Motion for Withdrawal of Reference. Filing Fee Paid. Filed by John Cherneski on behalf of Plaintiff Ansbacher Law. (Cherneski, John)
Related: [-]
crditcrd Receipt of Filing Fee Fri 03/10 2:56 PM
Receipt of Filing Fee for Motion for Withdrawal of Reference([LINK:3:23-ap-00002-JAB] ) [motion,mwdrefad] ( 188.00). Receipt Number A71986746, Amount Paid $ 188.00 (U.S. Treasury)
Related: [-]
Friday, March 03, 2023
24 24 misc Proof of Service (AP) Fri 03/03 8:55 AM
Proof of Service of Order Granting Joint Motion to Extend Deadline for Filing Joint Rule 26(f) Report. Filed by Richard R Thames on behalf of Plaintiff Ansbacher Law Related [+]. (Thames, Richard)
Related: [-] 23
Thursday, March 02, 2023
23 23 order Extend Time Thu 03/02 3:15 PM
Order Granting Motion to Extend Time for Filing Joint Rule 260(f) Report "Extended until 3/14/2023" Related [+]. Service Instructions: Richard Thames is directed to serve a copy of this order on interested parties and file a proof of service within 3 days of entry of the order. (Penny)
Related: [-] 22
22 22 motion Motion to Extend Time (AP) Thu 03/02 8:35 AM
Joint Motion to Extend Time to File Joint Rule 26(f) Report Filed by Richard R Thames on behalf of Plaintiff Ansbacher Law. (Thames, Richard)
Related: [-]
Wednesday, March 01, 2023
21 21 motion Motion to Dismiss Adversary Proceeding Wed 03/01 9:26 AM
Corrective Motion to Dismiss Adversary Proceeding Contains negative notice. Filed by Robert D Wilcox on behalf of Defendant Windsor Falls Condominium Association, Inc. Related [+]. (Wilcox, Robert)
Related: [-] 18
Tuesday, February 28, 2023
20 20 motion Motion to Dismiss Adversary Proceeding Tue 02/28 8:47 PM
Motion to Dismiss Adversary Proceeding Contains negative notice. Filed by Robert D Wilcox on behalf of Defendant Windsor Falls Condominium Association, Inc. Related [+]. (Wilcox, Robert)
Related: [-] 18
19 19 motion Motion to Dismiss Adversary Proceeding Tue 02/28 10:53 AM
Motion to Dismiss Adversary Proceeding Contains negative notice. Filed by J Ellsworth Summers Jr. on behalf of Defendant D.R. Horton Jacksonville, Inc. Related [+]. (Summers, J)
Related: [-] 18
Tuesday, February 14, 2023
18 18 cmp Amended Complaint Tue 02/14 5:01 PM
Amended Complaint Nature of Suit: 21 (Validity, priority or extent of lien or other interest in property) by John Cherneski on behalf of Ansbacher Law against Ansbacher Law. (Cherneski, John)
Related: [-]
Att: 1 Exhibit A
Att: 2 Exhibit B
Att: 3 Exhibit C
Att: 4 Exhibit D
Att: 5 Exhibit E
Friday, February 10, 2023
17 17 motion Motion to Dismiss Adversary Proceeding Fri 02/10 4:23 PM
Amended Motion to Dismiss Adversary Proceeding Contains negative notice. Filed by Robert D Wilcox on behalf of Defendant Windsor Falls Condominium Association, Inc. Related [+]. (Wilcox, Robert). Related document(s)11 . Modified on 2/13/2023 (Celli, Lidia)
Related: [-] 1
16 16 motion Motion to Dismiss Adversary Proceeding Fri 02/10 12:07 PM
Amended Motion to Dismiss Adversary Proceeding Contains negative notice. Filed by J Ellsworth Summers Jr. on behalf of Defendant D.R. Horton Jacksonville, Inc. Related [+]. (Summers, J)
Related: [-] 1
Thursday, February 09, 2023
15 15 order Dismiss Adversary Proceeding Thu 02/09 8:00 PM
Order Denying Motion to Dismiss Adversary Proceeding Related [+]. Service Instructions: Clerks Office to serve. (Tonya)
Related: [-] 11
14 14 order Dismiss Adversary Proceeding Thu 02/09 7:55 PM
Order Denying Motion to Dismiss Adversary Proceeding Related [+]. Service Instructions: Clerks Office to serve. (Tonya)
Related: [-] 10
13 13 order Dismiss Adversary Proceeding Thu 02/09 7:51 PM
DOCUMENT NOT PROCESSED (Pdf Not Attached). Order Denying Motion to Dismiss Adversary Proceeding Related [+]. Service Instructions: Clerks Office to serve. (Tonya) Modified on 02/09/2023 (Tonya)
Related: [-] 10
12 12 notice Notice of Appearance and Request for Notice Thu 02/09 11:43 AM
Notice of Appearance and Request for Notice Filed by Dana L Robbins on behalf of Defendant D.R. Horton Jacksonville, Inc.. (Robbins, Dana)
Related: [-]
Wednesday, February 08, 2023
11 11 motion Motion to Dismiss Adversary Proceeding Wed 02/08 9:13 PM
Motion to Dismiss Adversary Proceeding Contains negative notice. Filed by Robert D Wilcox on behalf of Defendant Windsor Falls Condominium Association, Inc. Related [+]. (Wilcox, Robert)
Related: [-] 1
10 10 motion Motion to Dismiss Adversary Proceeding Wed 02/08 3:45 PM
Motion to Dismiss Adversary Proceeding Complaint Contains negative notice. Filed by J Ellsworth Summers Jr. on behalf of Defendant D.R. Horton Jacksonville, Inc.. (Summers, J)
Related: [-]
9 9 notice Notice (DO NOT USE for appearances or hearings) Wed 02/08 9:32 AM
Notice Scheduling Meeting of the Parties Filed by Richard R Thames on behalf of Plaintiff Ansbacher Law. (Thames, Richard)
Related: [-]
Thursday, February 02, 2023
8 8 court BNC Certificate of Mailing - PDF Document Tue 02/07 9:07 AM
BNC Certificate of Mailing - PDF Document. Related [+]. Notice Date 02/02/2023. (Admin.)
Related: [-] (Related Doc #7 )
Tuesday, January 31, 2023
7 7 3 pgs order Order Scheduling (Including BK Trial Matters) Tue 01/31 4:54 PM
Order Scheduling Status Conference (2 hours)(IN PERSON) . Hearing scheduled for 3/28/2023 at 10:00 AM at Jacksonville, FL - Courtroom 4C, 4th Floor, Bryan Simpson United States Courthouse, 300 North Hogan Street . Service Instructions: Clerks Office to serve. (Penny)
Related: [-]
6 6 motion Motion for Jury Trial Tue 01/31 8:39 AM
Motion for Jury Trial (Demand for Jury Trial) Filed by Richard R Thames on behalf of Plaintiff Ansbacher Law. (Thames, Richard)
Related: [-]
Monday, January 30, 2023
court Corrective Entry - Corrective Action Required (SB) Mon 01/30 12:21 PM
ERROR NOTIFICATION to Richard Thames. The event you selected does not match the Pdf image you filed. NO ACTION WILL BE TAKEN BY THE COURT ON THIS FILING, Related [+]. (Tonya)
Related: [-] 5
Friday, January 27, 2023
5 5 notice Notice (DO NOT USE for appearances or hearings) Fri 01/27 3:23 PM
DOCUMENT NOT PROCESSED (Docket event/PDF combination do not match). NO ACTION WILL BE TAKEN BY THE COURT ON THIS DOCUMENT. Notice of Demand for Jury Trial Filed by Richard R Thames on behalf of Plaintiff Ansbacher Law. (Thames, Richard) Modified on 01/30/2023 (Craft, Tonya)
Related: [-]
Tuesday, January 10, 2023
4 4 misc Summons Service Executed Tue 01/10 11:39 AM
Service Executed on Windsor Falls Condominium Association, Inc. of Summons, Complaint, Local Rule 7001-1. Filed by Richard R Thames on behalf of Plaintiff Ansbacher Law Related [+]. (Thames, Richard)
Related: [-] 2 ,1
3 3 misc Summons Service Executed Tue 01/10 11:38 AM
Service Executed on D.R. Horton - Jacksonville, Inc. of Summons, Complaint, Local Rule 7001-1. Filed by Richard R Thames on behalf of Plaintiff Ansbacher Law Related [+]. (Thames, Richard)
Related: [-] 2 ,1
Monday, January 09, 2023
2 2 court ADI - Summons Issued (auto) Mon 01/09 12:31 PM
Summons issued along with Local Rule 7001-1 - Adversary Proceedings - Procedures. Answer Due 02/08/2023. If one or more defendants are the United States or an officer or agency thereof, add an additional five days to the Answer Due date. A copy of this summons must be included when filing proof of service of this summons. (ADIclerk)
Related: [-]
Friday, January 06, 2023
1 1 cmp ADI - Complaint - Original Fri 01/06 11:27 AM
Complaint by Ansbacher Law against Windsor Falls Condominium Association, Inc., D.R. Horton Jacksonville, Inc.. (Verify Fee) Nature of Suit: [91 (Declaratory judgment)],[21 (Validity, priority or extent of lien or other interest in property)],[72 (Injunctive relief - other)]. (Thames, Richard)
Related: [-]