|
JENNIFER LOUISSAINT VS DEUTSCHE BANK TRUST COMPANY OF AMERICAS, et al.
|
4D2019-2246
|
2019-07-17
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 11-010565
|
Parties
| Name |
Jennifer Louissaint
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
PROVIDENT FUNDING ASSOCIATES, L.P.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Deutsche Bank Trust Company of Americas
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Nicole R. Topper, Steven J. Brotman, Beverley Linton-Davis, Daniel Scott Hurtes, David S. Ehrlich, Maria K. Vigilante
|
|
| Name |
Herman Coote
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PFT Financial Group
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
PFG LOANS, INC.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Hon. Michael A. Robinson
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Broward
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-12-01
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-12-01
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2020-11-05
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that appellee Deutsche Bank Trust Company of Americas' July 21, 2020 motion for appellate attorneys' fees is granted. On remand, the trial court shall set the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
|
|
| Docket Date |
2020-11-05
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2020-10-16
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response
|
| On Behalf Of |
Jennifer Louissaint
|
|
| Docket Date |
2020-10-13
|
| Type |
Order
|
| Subtype |
Order to Show Cause
|
| Description |
Order to Show Cause ~ ORDERED that appellant is directed to show cause in writing, within three (3) days from the date of this order, why the above-styled case should not be dismissed as to Deutsche Bank, in that the notice of appeal does not reference the order granting final summary judgment in favor of Deutsche Bank as the order being appealed, nor is a copy of that order attached to the notice of appeal.
|
|
| Docket Date |
2020-09-14
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant's Reply Brief
|
| On Behalf Of |
Jennifer Louissaint
|
|
| Docket Date |
2020-08-27
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant’s August 26, 2020 emergency motion for extension of time is granted in part, without prejudice to seeking a further extension if necessary. Appellant shall serve the reply brief within fifteen (15) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2020-08-26
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief ~ EMERGENCY
|
| On Behalf Of |
Jennifer Louissaint
|
|
| Docket Date |
2020-08-05
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant’s August 4, 2020 motion for extension of time is granted in part, without prejudice to seeking a further extension if necessary. Appellant shall serve the reply brief within fifteen (15) days from the date of this order. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
|
|
| Docket Date |
2020-08-04
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
Jennifer Louissaint
|
|
| Docket Date |
2020-07-21
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
Deutsche Bank Trust Company of Americas
|
|
| Docket Date |
2020-07-20
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
Deutsche Bank Trust Company of Americas
|
|
| Docket Date |
2020-05-20
|
| Type |
Order
|
| Subtype |
Order Vacating/Withdrawing Order
|
| Description |
ORD-Amended Order ~ ORDERED that this court’s May 20, 2020 order is amended as follows: ORDERED that appellee Deutsche Bank National Trust Company of the Americas May 14, 2020 motion for extension of time is granted, and appellee shall serve the answer brief on or before July 20, 2020. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellees right to file a brief or otherwise participate in this appeal.
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|
| Docket Date |
2020-05-14
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
Deutsche Bank Trust Company of Americas
|
|
| Docket Date |
2020-05-11
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief ~ (Provident Funding Associates, L.P., PFG Loans, Inc., and PFT Financial Group)
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| On Behalf Of |
Deutsche Bank Trust Company of Americas
|
|
| Docket Date |
2020-04-20
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
Jennifer Louissaint
|
|
| Docket Date |
2020-03-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellant’s March 17, 2020 “emergency motion for extension of time to file initial brief due to extenuating circumstances” is granted in part, and appellant shall serve the initial brief within thirty (30) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant.
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|
| Docket Date |
2020-03-17
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
Jennifer Louissaint
|
|
| Docket Date |
2019-12-20
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that upon consideration of appellant’s response filed December 19, 2019, this court’s December 10, 2019 order to show cause is discharged. Further, ORDERED that appellant’s December 19, 2019 motion for extension of time is granted, and appellant shall serve the initial brief within ninety (90) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
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|
| Docket Date |
2019-12-19
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| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Order to Show Cause ~ AND MOTION FOR EXTENSION OF TIME
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| On Behalf Of |
Jennifer Louissaint
|
|
| Docket Date |
2019-12-16
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| Type |
Record
|
| Subtype |
Record on Appeal
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| Description |
Received Records ~ (1595 PAGES)
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| On Behalf Of |
Clerk - Broward
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|
| Docket Date |
2019-12-10
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief ~ **DISCHARGED**ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, within ten (10) days from the date of this order, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's initial brief has not been filed with this court as of this date. Failure to respond to this order will result in a sua sponte dismissal without further notice. If the initial brief is filed within this time, the order to show cause will be considered automatically discharged without further order.
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| Docket Date |
2019-09-25
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| Type |
Order
|
| Subtype |
Order on Motion for Reinstatement
|
| Description |
ORD-Reinstatement ~ ORDERED that the appellant’s September 24, 2019 motion for reinstatement is granted, and the above-styled appeal is reinstated.
|
|
| Docket Date |
2019-09-24
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement
|
| On Behalf Of |
Jennifer Louissaint
|
|
| Docket Date |
2019-08-21
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-No Filing Fee ~ ORDERED sua sponte that the above-styled appeal is dismissed for nonpayment of the $300.00 filing fee.
|
|
| Docket Date |
2019-08-21
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| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2019-08-09
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Deutsche Bank Trust Company of Americas
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|
| Docket Date |
2019-07-18
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| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee - pro se civil appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED, appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of the entry of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal - see the court's website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee.If appellant has already been found indigent for purposes of proceedings in the lower tribunal, in this case, appellant shall file a copy of that order in this court. If appellant does not have an order or a determination of indigent status and believes that he or she is insolvent, appellant shall complete the enclosed application and mail to the Clerk of the Circuit Court within fifteen (15) days from the date of this order. A Notice of Compliance that you have applied for indigent status, must also be filed with this court. The Clerk of the Circuit Court shall forward the Clerk's Determination to this court within ten (10) days of receipt. Failure of appellant to comply with this order will result in the dismissal of this appeal.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
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|
| Docket Date |
2019-07-18
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-07-17
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
Jennifer Louissaint
|
|
| Docket Date |
2019-07-17
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
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MARIA CAZARES, VS NEW CENTURY MORTGAGE, et al.,
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3D2019-0663
|
2019-04-08
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
3rd District Court of Appeal
|
| Originating Court |
Circuit Court for the Eleventh Judicial Circuit, Miami-Dade County
18-38857
|
Parties
| Name |
MARIA CAZARES
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
NEW CENTURY MORTGAGE CORPORATION
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Victor Petrescu, STUART I. GROSSMAN
|
|
| Name |
PROVIDENT FUNDING ASSOCIATES, L.P.
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. JOHN W. THORNTON, JR.
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Miami-Dade Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2019-07-26
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
MISCELLANEOUS ORDER (OR999) ~ Upon consideration, appellant’s motion to re-open, motion to reinstate and motion to show cause is hereby stricken as unauthorized. LOGUE, SCALES and HENDON, JJ., concur.
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|
| Docket Date |
2019-07-25
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ APPELLEE PROVIDENT FUNDING ASSOCIATES, L.P.'S RESPONSE TO MARIA CAZARES' MOTION TO RE-OPEN, MOTION TO REINSTATE, AND MOTION TO SHOW CAUSE
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| On Behalf Of |
NEW CENTURY MORTGAGE CORPORATION
|
|
| Docket Date |
2019-07-10
|
| Type |
Post-Disposition Motions
|
| Subtype |
Motion For Reinstatement
|
| Description |
Motion For Reinstatement ~ MOTION TO REINSTATE AND MOTION TO SHOW CAUSE, MOTION TO REOPEN
|
| On Behalf Of |
MARIA CAZARES
|
|
| Docket Date |
2019-05-22
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2019-05-22
|
| Type |
Mandate
|
| Subtype |
Disp. w/o Mandate
|
| Description |
Disp w/o mandate
|
|
| Docket Date |
2019-05-02
|
| Type |
Disposition by Opinion
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2019-05-02
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion to Dismiss Granted (OG32) ~ Upon consideration, appellant’s motion to strike appellee’s motion to dismiss is hereby denied. ORDERED that appellee Provident Funding Associates, L.P.’s motion to dismiss appeal is granted, and this appeal from the Circuit Court for Miami-Dade County, Florida is hereby dismissed.
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|
| Docket Date |
2019-04-29
|
| Type |
Motions Other
|
| Subtype |
Motion To Strike
|
| Description |
Motion To Strike ~ MOTION TO STRIKE APPELEE'S MOTION TO DISMISS
|
| On Behalf Of |
MARIA CAZARES
|
|
| Docket Date |
2019-04-22
|
| Type |
Motions Other
|
| Subtype |
Motion To Dismiss
|
| Description |
Motion To Dismiss
|
| On Behalf Of |
NEW CENTURY MORTGAGE CORPORATION
|
|
| Docket Date |
2019-04-19
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Certificate of Indigency
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2019-04-19
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ CERTIFIED.
|
| On Behalf Of |
Miami-Dade Clerk
|
|
| Docket Date |
2019-04-15
|
| Type |
Misc. Events
|
| Subtype |
Determination of Indigency/LT Order Insolvency
|
| Description |
Certificate of Indigency ~ Not ruled upon by lower tribunal
|
| On Behalf Of |
MARIA CAZARES
|
|
| Docket Date |
2019-04-09
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Why App. Sldn't Be Dism Untimely(OR12C) ~ Following review of the notice of appeal, it is ordered that the appellant is directed to show cause within ten (10) days why this appeal should not be dismissed as untimely filed.
|
|
| Docket Date |
2019-04-08
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter ~ Acknowledgment of new case with attachments. **The $300 filing fee for an appeal is due.
|
|
| Docket Date |
2019-04-08
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
C1:Certificate of Indigency Filed
|
|
| Docket Date |
2019-04-08
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ NOT CERTIFIED. ORDER APPEALED NOT ATTACHED.
|
| On Behalf Of |
MARIA CAZARES
|
|
|
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JAMAL AHMAD a/k/a JAMAL ZAAL AHMAD VS PROVIDENT FUNDING ASSOCIATES, L.P.
|
4D2019-0382
|
2019-02-11
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502016CA005965
|
Parties
| Name |
FORECLOSURE, INC.
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
JAMAL AHMAD
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Michael James McCormick, Michael R. Vater, Kendrick Almaguer
|
|
| Name |
PROVIDENT FUNDING ASSOCIATES, L.P.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Dariel J. Abrahamy, Michele R. Clancy
|
|
| Name |
Hon. Gerard Joseph Curley
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk - Palm Beach
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2020-01-17
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2020-01-17
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2019-12-26
|
| Type |
Order
|
| Subtype |
Order on Motion For Attorney's Fees
|
| Description |
Order Granting Attorney Fees-Unconditionally ~ ORDERED that the appellee’s August 23, 2019 motion for attorneys’ fees is granted. On remand, the trial court shall set the amount of the attorney's fees to be awarded for this appellate case. If a motion for rehearing is filed in this court, then services rendered in connection with the filing of the motion, including, but not limited to, preparation of a responsive pleading, shall be taken into account in computing the amount of the fee.
|
|
| Docket Date |
2019-12-26
|
| Type |
Disposition by Opinion
|
| Subtype |
Affirmed
|
| Description |
Affirmed - Per Curiam Affirmed
|
|
| Docket Date |
2019-10-04
|
| Type |
Order
|
| Subtype |
Order Dispensing with Oral Argument
|
| Description |
ORD-Dispensing Oral Argument ~ After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
|
|
| Docket Date |
2019-09-05
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
JAMAL AHMAD
|
|
| Docket Date |
2019-09-05
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
JAMAL AHMAD
|
|
| Docket Date |
2019-08-23
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
PROVIDENT FUNDING ASSOCIATES, L.P.
|
|
| Docket Date |
2019-08-23
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees
|
| On Behalf Of |
PROVIDENT FUNDING ASSOCIATES, L.P.
|
|
| Docket Date |
2019-08-08
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
JAMAL AHMAD
|
|
| Docket Date |
2019-08-02
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
ORD-Initial Brief to be Served ~ ORDERED that appellant's August 1, 2019 motion for extension of time is granted, and appellant shall serve the initial brief on or before August 8, 2019. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case will be subject to dismissal or the court in its discretion may impose other sanctions. Appellant is advised that no further extensions will be granted absent a detailed explanation for why the initial brief has not yet been filed and a showing of extraordinary circumstances where, if a further extension is not granted, irreparable and material harm will result to the litigant.
|
|
| Docket Date |
2019-08-01
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
JAMAL AHMAD
|
|
| Docket Date |
2019-07-02
|
| Type |
Notice
|
| Subtype |
Notice
|
| Description |
Notice
|
| On Behalf Of |
JAMAL AHMAD
|
|
| Docket Date |
2019-06-17
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant’s June 6, 2019 motion for extension of time is granted, and appellant shall serve the initial brief within forty-five (45) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above–styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
|
|
| Docket Date |
2019-06-06
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
JAMAL AHMAD
|
|
| Docket Date |
2019-04-24
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's April 23, 2019 motion for extension of time is granted, and appellant shall serve the initial brief within forty-five (45) days from the date of this order. In addition, if the initial brief is not served within the time provided for in this order, the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions; further,ORDERED that appellee’s April 22, 2019 “motion for an order to show cause why appeal should not be dismissed for failing to file initial brief” is denied as moot.
|
|
| Docket Date |
2019-04-23
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief
|
| On Behalf Of |
JAMAL AHMAD
|
|
| Docket Date |
2019-04-22
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Miscellaneous Motion
|
| On Behalf Of |
PROVIDENT FUNDING ASSOCIATES, L.P.
|
|
| Docket Date |
2019-03-21
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 1481 PAGES
|
| On Behalf Of |
Clerk - Palm Beach
|
|
| Docket Date |
2019-02-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
PROVIDENT FUNDING ASSOCIATES, L.P.
|
|
| Docket Date |
2019-02-13
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid Through Portal
|
| On Behalf Of |
JAMAL AHMAD
|
|
| Docket Date |
2019-02-12
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. The fee may be paid electronically through the Florida Courts E-Filing Portal - see the court's website for details. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
|
|
| Docket Date |
2019-02-12
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2019-02-11
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
JAMAL AHMAD
|
|
| Docket Date |
2019-02-11
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
|
|
MARIE EDMOND VS PROVIDENT FUNDING ASSOCIATES, L.P.
|
5D2018-2700
|
2018-08-23
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Foreclosure
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Ninth Judicial Circuit, Osceola County
2016-CA-002723-MF
|
Parties
| Name |
MARIE EDMOND
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
ROBERT FLAVELL
|
|
| Name |
PROVIDENT FUNDING ASSOCIATES, L.P.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Robertson, Anschutz & Schneid, Jarrett E. Cooper, CYNTHIA L. COMRAS, Jonathan Meisels, David Rosenberg
|
|
| Name |
HON. JEFFORDS D. MILLER
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk Osceola
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2018-12-19
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ TO 1/16
|
| On Behalf Of |
MARIE EDMOND
|
|
| Docket Date |
2019-09-05
|
| Type |
Mandate
|
| Subtype |
Notice Memorandum
|
| Description |
Notice Memorandum
|
|
| Docket Date |
2019-09-05
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD EFILED
|
|
| Docket Date |
2019-08-13
|
| Type |
Order
|
| Subtype |
Order on Motion/Notice Voluntary Dismissal (non-dispositive)
|
| Description |
Order Granting Voluntary Dismissal ~ CASE DISMISSED. AE 7/15 MTN/ATTY FEES GRANTED. CASE REMANDED.
|
|
| Docket Date |
2019-08-13
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Judge
|
|
| Docket Date |
2019-08-05
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
RESPONSE ~ PER 7/30 ORDER
|
| On Behalf Of |
PROVIDENT FUNDING ASSOCIATES, L.P.
|
|
| Docket Date |
2019-07-30
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
MARIE EDMOND
|
|
| Docket Date |
2019-07-30
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
Miscellaneous Order ~ AE ADVISE W/IN 10 DAYS- MOT FOR ATTY FEES
|
|
| Docket Date |
2019-07-25
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
|
| Description |
Order Deny EOT for Reply Brief ~ RB DUE 7/29
|
|
| Docket Date |
2019-07-15
|
| Type |
Motions Relating to Attorney Fees/Costs
|
| Subtype |
Motion For Attorney's Fees
|
| Description |
Motion For Attorney's Fees ~ FOR MERIT PANEL CONSIDERATION
|
| On Behalf Of |
PROVIDENT FUNDING ASSOCIATES, L.P.
|
|
| Docket Date |
2019-07-09
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Reply Brief
|
| Description |
Mot. for Extension of Time to File Reply Brief
|
| On Behalf Of |
MARIE EDMOND
|
|
| Docket Date |
2019-06-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Reply Brief
|
| Description |
Notice of Agreed Extension - Reply Brief ~ TO 7/10
|
| On Behalf Of |
MARIE EDMOND
|
|
| Docket Date |
2019-05-09
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee's Answer Brief
|
| On Behalf Of |
PROVIDENT FUNDING ASSOCIATES, L.P.
|
|
| Docket Date |
2019-04-10
|
| Type |
Record
|
| Subtype |
Supplemental Record
|
| Description |
Supplemental Records ~ 36 PAGES
|
| On Behalf Of |
Clerk Osceola
|
|
| Docket Date |
2019-03-28
|
| Type |
Notice
|
| Subtype |
Notice of Change of Address
|
| Description |
Notice of Change of Address
|
| On Behalf Of |
MARIE EDMOND
|
|
| Docket Date |
2019-03-20
|
| Type |
Order
|
| Subtype |
Order on Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Order Grant Suppl. ROA & EOT for Brief ~ SROA BY 4/9; AB W/IN 30 DAYS OF SROA
|
|
| Docket Date |
2019-03-20
|
| Type |
Motions Relating to Records
|
| Subtype |
Motion to Supplement Record & EOT/Toll Briefing
|
| Description |
Motion Supplemental Record & Eot For Brief
|
| On Behalf Of |
PROVIDENT FUNDING ASSOCIATES, L.P.
|
|
| Docket Date |
2019-03-12
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
PROVIDENT FUNDING ASSOCIATES, L.P.
|
|
| Docket Date |
2019-02-18
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief on Merits
|
| On Behalf Of |
MARIE EDMOND
|
|
| Docket Date |
2019-01-22
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
|
| Description |
Order Grant EOT for Initial Brief ~ IB DUE 2/18.
|
|
| Docket Date |
2019-01-15
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time
|
| Description |
Denied for Non-Service on Client ~ AA FILE AMEND MOT W/IN 5 DAYS
|
|
| Docket Date |
2019-01-15
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Mot. for Extension of time to file Initial Brief ~ AMENDED
|
| On Behalf Of |
MARIE EDMOND
|
|
| Docket Date |
2019-01-15
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ 347 PAGES
|
| On Behalf Of |
Clerk Osceola
|
|
| Docket Date |
2018-10-31
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ TO 12/17
|
| On Behalf Of |
MARIE EDMOND
|
|
| Docket Date |
2018-10-29
|
| Type |
Order
|
| Subtype |
Order Striking Filing
|
| Description |
ORD-Strike for Non-Service on Client ~ AA FILE AMEND NOTICE W/IN 5 DAYS
|
|
| Docket Date |
2018-10-29
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
| Description |
Notice of Agreed Extension - Initial Brief ~ STRICKEN PER 10/29 ORDER
|
| On Behalf Of |
MARIE EDMOND
|
|
| Docket Date |
2018-09-20
|
| Type |
Order
|
| Subtype |
Order Declining Referral to Mediation
|
| Description |
ORD- Declining Referral to Mediation ~ IB W/IN 70 DAYS
|
|
| Docket Date |
2018-09-14
|
| Type |
Mediation
|
| Subtype |
Mediation Questionnaire
|
| Description |
Mediation Questionnaire ~ AA ROBERT FLAVELL 0909203
|
| On Behalf Of |
MARIE EDMOND
|
|
| Docket Date |
2018-09-04
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
PROVIDENT FUNDING ASSOCIATES, L.P.
|
|
| Docket Date |
2018-09-04
|
| Type |
Mediation
|
| Subtype |
Confidential Statement
|
| Description |
Confidential Statement ~ AE DAVID ROSENBERG 100963
|
| On Behalf Of |
PROVIDENT FUNDING ASSOCIATES, L.P.
|
|
| Docket Date |
2018-08-23
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2018-08-23
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed ~ FILED BELOW 8/23/18
|
| On Behalf Of |
MARIE EDMOND
|
|
| Docket Date |
2018-08-23
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
Order to pay filing fee - Civil appeal (300)
|
|
| Docket Date |
2018-08-23
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
PROVIDENT FUNDING ASSOCIATES, L. P. VS M D T R, AS TRUSTEE
|
2D2017-0337
|
2017-01-27
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
2nd District Court of Appeal
|
| Originating Court |
Circuit Court for the Sixth Judicial Circuit, Pasco County
15-CA-992
|
Parties
| Name |
PROVIDENT FUNDING ASSOCIATES, L.P.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
CYNTHIA L. COMRAS, ESQ., DAVID Y. ROSENBERG, ESQ., JARRETT COOPER, ESQ.
|
|
| Name |
M D T R, AS TRUSTEE
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
ISAAC MANZO, ESQ.
|
|
| Name |
HON. DECLAN P. MANSFIELD
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
PASCO CLERK
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2017-05-05
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30-IB DUE 06/04/17
|
| On Behalf Of |
PROVIDENT FUNDING ASSOCIATES, L. P.
|
|
| Docket Date |
2018-12-31
|
| Type |
Misc. Events
|
| Subtype |
West Publishing
|
| Description |
West Publishing
|
|
| Docket Date |
2018-12-28
|
| Type |
Mandate
|
| Subtype |
Mandate
|
| Description |
Mandate
|
|
| Docket Date |
2018-11-16
|
| Type |
Misc. Events
|
| Subtype |
Status Report
|
| Description |
Status Report ~ AND NOTICE OF FILING OF ORDER CONFIRMING THE AUTOMATIC STAY PROVIDED BY 11 U.S.C. § 362 REMAINS IN EFFECT
|
|
| Docket Date |
2018-10-25
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-SUA SPONTE ~ This court is prevented from any action in this appeal due to the stay imposed by the October 12, 2018, order entered by the United States Bankruptcy Court, Middle District of Florida, in case 8:18-bk-08436-RCT, unless the Trustee executes a consent or a party otherwise receives stay relief from the bankruptcy court which at this time has jurisdiction.It is ORDERED that the bankruptcy trustee shall, and the parties may, inform this court when the bankruptcy court grants relief from the stay or file a status report by November 16, 2018, whichever occurs first. The status report shall be served on all parties as required by Florida Rule of Judicial Administration 2.516(a).
|
|
| Docket Date |
2018-10-24
|
| Type |
Notice
|
| Subtype |
Notice of Filing
|
| Description |
Notice of Filing ~ STOPA (NOTICE OF FILING BANKRUPTCY ORDER)
|
|
| Docket Date |
2018-10-12
|
| Type |
Disposition by Opinion
|
| Subtype |
Reversed
|
| Description |
Reversed - Authored Opinion ~ and remanded.
|
|
| Docket Date |
2018-04-25
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
PROVIDENT FUNDING ASSOCIATES, L. P.
|
|
| Docket Date |
2018-02-22
|
| Type |
Order
|
| Subtype |
Order
|
| Description |
ORD-SUA SPONTE ~ This case is removed from the court's March 28, 2018 oral argument docketand will be decided without oral argument.
|
|
| Docket Date |
2018-02-20
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion For Continuation of Oral Argument
|
| Description |
Motion For Continuation of Oral Argument ~ APPELLEE'S UNOPPOSED MOTION TO DISPENSE WITH ORAL ARGUMENT
|
| On Behalf Of |
M D T R, AS TRUSTEE
|
|
| Docket Date |
2018-02-16
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
M D T R, AS TRUSTEE
|
|
| Docket Date |
2018-02-01
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORDER GRANTING TO WITHDRAW AS COUNSEL ~ The Motion to Withdraw as Counsel of Record for Appellee is granted. Mark P. Stopa, Esq., and the Stopa Law Firm are relieved of further responsibility in this case. The Appellee shall have 20 days from the date of this order to hire new representation who must file a notice of appearance in this court.
|
|
| Docket Date |
2018-01-26
|
| Type |
Notice
|
| Subtype |
Notice of Supplemental Authority
|
| Description |
Notice of Supplemental Authority
|
| On Behalf Of |
PROVIDENT FUNDING ASSOCIATES, L. P.
|
|
| Docket Date |
2018-01-17
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
M D T R, AS TRUSTEE
|
|
| Docket Date |
2018-01-04
|
| Type |
Brief
|
| Subtype |
Reply Brief
|
| Description |
Appellant Reply Brief
|
| On Behalf Of |
PROVIDENT FUNDING ASSOCIATES, L. P.
|
|
| Docket Date |
2017-12-04
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30- RB DUE 01/04/18
|
| On Behalf Of |
PROVIDENT FUNDING ASSOCIATES, L. P.
|
|
| Docket Date |
2017-11-15
|
| Type |
Brief
|
| Subtype |
Answer Brief
|
| Description |
Appellee Answer Brief
|
| On Behalf Of |
M D T R, AS TRUSTEE
|
|
| Docket Date |
2017-11-15
|
| Type |
Motions Relating to Oral Argument
|
| Subtype |
Motion/Request for Oral Argument
|
| Description |
Request for Oral Argument
|
| On Behalf Of |
M D T R, AS TRUSTEE
|
|
| Docket Date |
2017-10-30
|
| Type |
Order
|
| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
|
| Description |
grant eot for AB - unlikely ~ Appellee's motion for extension of time is granted, and the answer brief shall be served within 15 days. However, further motions for extension of time are unlikely to receive favorable consideration.
|
|
| Docket Date |
2017-10-25
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Answer Brief
|
| Description |
Mot. for Extension of time to file Answer Brief
|
| On Behalf Of |
M D T R, AS TRUSTEE
|
|
| Docket Date |
2017-09-25
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30- AB DUE 10/25/17
|
| On Behalf Of |
M D T R, AS TRUSTEE
|
|
| Docket Date |
2017-08-24
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30- AB DUE 09/23/17
|
| On Behalf Of |
M D T R, AS TRUSTEE
|
|
| Docket Date |
2017-07-25
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30- AB DUE 08/24/17
|
| On Behalf Of |
M D T R, AS TRUSTEE
|
|
| Docket Date |
2017-07-05
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Appellant Brief on Merits
|
| On Behalf Of |
PROVIDENT FUNDING ASSOCIATES, L. P.
|
|
| Docket Date |
2017-06-05
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30-IB DUE 07/05/17
|
| On Behalf Of |
PROVIDENT FUNDING ASSOCIATES, L. P.
|
|
| Docket Date |
2017-05-25
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Received Records ~ MANSFIELD - 427 PAGES
|
|
| Docket Date |
2017-04-05
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time
|
| Description |
Stipulation for Extension of Time ~ 30-IB DUE 05/05/17
|
| On Behalf Of |
PROVIDENT FUNDING ASSOCIATES, L. P.
|
|
| Docket Date |
2017-02-09
|
| Type |
Misc. Events
|
| Subtype |
Case Filing Fee Paid through Portal
|
| Description |
Case Filing Fee Paid through Portal
|
| On Behalf Of |
PROVIDENT FUNDING ASSOCIATES, L. P.
|
|
| Docket Date |
2017-01-31
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter 1
|
|
| Docket Date |
2017-01-31
|
| Type |
Order
|
| Subtype |
Order on Filing Fee
|
| Description |
fee - civil; atty
|
|
| Docket Date |
2017-01-27
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
FP:Fee Paid Through Portal
|
|
| Docket Date |
2017-01-27
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
PROVIDENT FUNDING ASSOCIATES, L. P.
|
|
|
