ODC 7800, LLC, Appellant(s) v. NIGHTINGALE NURSES, LLC, Appellee(s)
|
4D2023-1937
|
2023-08-14
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE20-7915
|
Parties
Name |
ODC 7800 LLC
|
Role |
Appellant
|
Status |
Active
|
Representations |
Robert E. Abreu, Robert A Sweetapple
|
|
Name |
NIGHTINGALE NURSES, LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
Jonathan P. Hart, Timothy T. Mitchell, Matthew Scott Sackel
|
|
Name |
Hon. Mark Alan Speiser
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Broward
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2024-01-11
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
Pursuant to the January 8, 2024 notice of voluntary dismissal, this case is dismissed.
|
View |
View File
|
|
Docket Date |
2024-01-09
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal
|
On Behalf Of |
ODC 7800, LLC
|
|
Docket Date |
2024-01-02
|
Type |
Order
|
Subtype |
Show Cause for Brief or Record on Appeal
|
Description |
Order to Show Cause for Lack of Prosecution - Initial Brief
|
View |
View File
|
|
Docket Date |
2023-11-22
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
30 DAYS TO 12/22/2023.
|
|
Docket Date |
2023-11-22
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension of Time - Initial Brief
|
On Behalf Of |
ODC 7800, LLC
|
|
Docket Date |
2023-10-20
|
Type |
Order
|
Subtype |
Order on Agreed Extension of Time
|
Description |
30 DAYS TO 11/23/2023.
|
|
Docket Date |
2023-10-20
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension of Time - Initial Brief
|
On Behalf Of |
ODC 7800, LLC
|
|
Docket Date |
2023-10-11
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Pages 1-8306 Record on Appeal
|
|
Docket Date |
2023-10-09
|
Type |
Record
|
Subtype |
Record on Appeal Confidential
|
Description |
Record on Appeal Confidential - 35 Pages
|
On Behalf Of |
Clerk - Broward
|
|
Docket Date |
2023-08-22
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion to Appear Pro Hac Vice
|
Description |
Mot. to appear pro hac vice
|
On Behalf Of |
ODC 7800, LLC
|
|
Docket Date |
2023-08-22
|
Type |
Misc. Events
|
Subtype |
Pro Hac Vice Fee Paid through Portal
|
Description |
PRO HAC VICE FEE PAID THROUGH PORTAL
|
On Behalf Of |
ODC 7800, LLC
|
|
Docket Date |
2023-08-14
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
ODC 7800, LLC
|
|
Docket Date |
2023-08-14
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2023-08-14
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2023-08-23
|
Type |
Order
|
Subtype |
Order on Motion to Appear Pro Hac Vice
|
Description |
Ord-Leave to Appear Pro Hac Vice ~ ORDERED that appellant’s August 22, 2023 verified motion for permission to appear pro hac vice is granted, and Timothy T. Mitchell, Esquire is permitted to appear in this appeal as counsel for appellant. Timothy T. Mitchell, Esquire is advised that this court does not send paper documents to attorneys and he shall register for this court’s eDCA system and the Florida Courts E-Filing Portal within five (5) days from the date of this order.
|
|
Docket Date |
2023-08-14
|
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 required by the applicable rule of procedure and Section 35.22(2)(a), Florida Statutes (2021), is due and payable REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the lower tribunal 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 lower tribunal clerk's determination of indigent status is filed.
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|
|
ALEJANDRO MORENO, MICHAEL LIST and ROBERT MARELLO VS DARLENE ARNOLD, et al.
|
4D2017-0307
|
2017-01-30
|
Closed
|
|
Classification |
Original Proceedings - Circuit Civil - Certiorari
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502016CA010955
|
Parties
Name |
MICHAEL LIST
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
ROBERT MARELLO
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
ALEJANDRO MORENO
|
Role |
Petitioner
|
Status |
Active
|
Representations |
Howard D. Dubosar, ELI DUBOSAR
|
|
Name |
DARLENE ARNOLD
|
Role |
Respondent
|
Status |
Active
|
Representations |
Robert T. Slatoff, Christopher S. Prater
|
|
Name |
NIGHTINGALE NURSES, LLC
|
Role |
Respondent
|
Status |
Active
|
|
Name |
Hon. Cheryl A. Caracuzzo
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Palm Beach
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2017-02-10
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
Order-Original Proceeding Dismissed ~ ORDERED that the petition for writ of certiorari is dismissed for failure to establish irreparable harm. See Williams v. Oken, 62 So. 3d 1129, 1132 (Fla. 2011); Bared & Co., Inc. v. McGuire, 670 So. 2d 153 (Fla. 4th DCA 1996).CIKLIN, C.J., KLINGENSMITH and KUNTZ, JJ., concur.
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|
Docket Date |
2017-02-10
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge
|
|
Docket Date |
2017-02-10
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORD-Stricken as Unauthorized ~ ORDERED that the petition for writ of certiorari filed by Nightingale Nurses, LLC on February 9, 2017 is stricken as unauthorized in this proceeding.CIKLIN, C.J., KLINGENSMITH and KUNTZ, JJ., concur.
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|
Docket Date |
2017-02-08
|
Type |
Record
|
Subtype |
Appendix to Petition
|
Description |
Appendix to Petition ~ NIGHTINGALE NURSES, LLC
|
On Behalf Of |
DARLENE ARNOLD
|
|
Docket Date |
2017-02-08
|
Type |
Petition
|
Subtype |
Petition Certiorari
|
Description |
Petition for Certiorari Filed ~ NIGHTINGALE NURSES, LLC **STRICKEN 2/10/17**
|
On Behalf Of |
DARLENE ARNOLD
|
|
Docket Date |
2017-01-31
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Writ of Certiorari / Acknowledgment letter
|
|
Docket Date |
2017-01-31
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
ORD-Pay Filing Fee-Original Proceeding ~ The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes, did not accompany the petition as required in Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED.ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes, must be filed in this Court within ten (10) days from the date of the entry of this order. 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 petition has a duty to tender the filing fee to the appellate court when the petition 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: 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 this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
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|
Docket Date |
2017-01-30
|
Type |
Petition
|
Subtype |
Petition Certiorari
|
Description |
Petition for Certiorari Filed
|
On Behalf Of |
ALEJANDRO MORENO
|
|
Docket Date |
2017-01-30
|
Type |
Record
|
Subtype |
Appendix to Petition
|
Description |
Appendix to Petition
|
On Behalf Of |
ALEJANDRO MORENO
|
|
Docket Date |
2017-01-30
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|
RANDALL SILVA, CLAUDE DAVIS, KATHERINE HOUSEWEART, ET AL. VS NIGHTINGALE NURSES, LLC, FOUR LUCKY GUYS, LLC, ET AL.
|
4D2017-0032
|
2017-01-04
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2015CA003070XXXXMB
|
Parties
Name |
ESP SYSTEMS, LLC
|
Role |
Appellant
|
Status |
Active
|
|
Name |
KATHERINE HOUSEWEART
|
Role |
Appellant
|
Status |
Active
|
|
Name |
MEDTEMPS
|
Role |
Appellant
|
Status |
Active
|
|
Name |
RANDALL SILVA
|
Role |
Appellant
|
Status |
Active
|
Representations |
Christopher S. Prater, Jonathan E. Pollard
|
|
Name |
CLAUDE DAVIS
|
Role |
Appellant
|
Status |
Active
|
|
Name |
TOM ARNOLD, SR.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
NIGHTINGALE NURSES, LLC
|
Role |
Appellee
|
Status |
Active
|
Representations |
JURATE SCHWARTZ, JOSHUA T.H. HAUSERMAN, ALLAN WEITZMAN
|
|
Name |
FOUR LUCKY GUYS, LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
HON. MARTIN H. COLIN
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Palm Beach
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2017-04-19
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Clerk
|
|
Docket Date |
2017-04-19
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
Order Granting Voluntary Dismissal ~ Pursuant to the April 17, 2017 notice of voluntary dismissal, this case is dismissed.
|
|
Docket Date |
2017-04-17
|
Type |
Motions Other
|
Subtype |
Motion/Notice Voluntary Dismissal
|
Description |
Notice of Voluntary Dismissal
|
On Behalf Of |
RANDALL SILVA
|
|
Docket Date |
2017-04-17
|
Type |
Notice
|
Subtype |
Notice of Filing
|
Description |
Notice of Filing ~ TRIAL COURT ORDER VACATING CONTEMPT ORDERS
|
On Behalf Of |
RANDALL SILVA
|
|
Docket Date |
2017-04-11
|
Type |
Order
|
Subtype |
Order on Motion to Relinquish Jurisdiction
|
Description |
Order Granting Relinquishment of Jurisdiction ~ ORDERED that appellants' April 6, 2017 motion to relinquish jurisdiction is granted. Jurisdiction is relinquished to the trial court for thirty (30) days to permit the parties to file a Joint Stipulation for Entry of Order Vacating the Contempt Orders; and to permit the trial court to enter an Order Vacating the Contempt Orders against ESP Systems, LLC, Randall Silva, Claude Davis, and Katherine Houseweart with Prejudice. Fla. R. App. P. 9.600(b).Appellants shall file either a notice of voluntary dismissal or a status report as to the status of settlement within thirty (30) days from the date of this order. Appellant shall forward to this court a copy of any order issued during relinquishment. This case is stayed during relinquishment. The appeal shall thereafter proceed in this court unless otherwise notified in writing by the parties. If further time is needed beyond this relinquishment period, appellants shall request an extension of time by proper motion to this court.
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|
Docket Date |
2017-04-06
|
Type |
Motions Other
|
Subtype |
Motion To Relinquish Jurisdiction
|
Description |
Motion To Relinquish Jurisdiction
|
On Behalf Of |
RANDALL SILVA
|
|
Docket Date |
2017-03-10
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Initial Brief
|
Description |
Notice of Agreed Extension - Initial Brief ~ 30 DAYS TO 04/13/17
|
On Behalf Of |
RANDALL SILVA
|
|
Docket Date |
2017-02-14
|
Type |
Order
|
Subtype |
Order on Motion to Stay
|
Description |
Grant Stay ~ ORDERED that appellants' January 6, 2017 motion for stay is granted. Factors considered by this Court in rendering this Order include (1) appellants’ demonstration that "greater harm could result if the status quo were not preserved" by the entry of a stay, Perez v. Perez, 769 So. 2d 389, 391 n. 4. (Fla. 3d DCA 1999), as well as (2) the likelihood of success of appellants’ argument that the injunctive provisions in the contempt orders entered against appellants Silva, Davis, and Housewart are overbroad and potentially more restrictive and encompassing than the injunction entered against Tom Arnold. See Simmons v. Royal Floral Distributors, Inc., 685 So. 2d 962 (Fla. 4th DCA 1996) (reversing contempt order to the extent it was not limited to the same geographical area as provided for in the underlying non-compete agreement and injunction). We remand to the trial court to set an appropriate bond.
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|
Docket Date |
2017-02-14
|
Type |
Record
|
Subtype |
Record on Appeal
|
Description |
Received Records ~ (2467 PAGES)
|
|
Docket Date |
2017-01-23
|
Type |
Response
|
Subtype |
Reply
|
Description |
Reply
|
On Behalf Of |
RANDALL SILVA
|
|
Docket Date |
2017-01-23
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix ~ (TO REPLY) TO REPLY TO OPPOSITION TO MOTIONTO STAY ENFORCEMENT OF ORDERS ENJOINING MEDTEMPSPARTIES AND HOLDING THEM IN CONTEMPT
|
On Behalf Of |
RANDALL SILVA
|
|
Docket Date |
2017-01-18
|
Type |
Order
|
Subtype |
Order on Motion for Leave to File Reply
|
Description |
ORD-Granting Leave to File Reply ~ ORDERED that appellants' January 11, 2017 motion for leave to file a reply is granted. Appellants shall file a reply of no longer than five (5) pages within five (5) days from the date of this order.
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|
Docket Date |
2017-01-11
|
Type |
Response
|
Subtype |
Response
|
Description |
Response
|
On Behalf Of |
NIGHTINGALE NURSES
|
|
Docket Date |
2017-01-11
|
Type |
Motions Other
|
Subtype |
Motion for Leave to File Reply
|
Description |
Motion for leave to file reply
|
On Behalf Of |
RANDALL SILVA
|
|
Docket Date |
2017-01-11
|
Type |
Record
|
Subtype |
Appendix to Response
|
Description |
Appendix to Response
|
On Behalf Of |
NIGHTINGALE NURSES
|
|
Docket Date |
2017-01-06
|
Type |
Motions Other
|
Subtype |
Motion To Stay
|
Description |
Emergency Motion To Stay
|
On Behalf Of |
RANDALL SILVA
|
|
Docket Date |
2017-01-06
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2017-01-06
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix ~ TO MOTION TO STAY ENFORCEMENT OF ORDERS, ETC.
|
On Behalf Of |
RANDALL SILVA
|
|
Docket Date |
2017-01-06
|
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. 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 |
2017-01-04
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
RANDALL SILVA
|
|
Docket Date |
2017-01-04
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|
TOM ARNOLD, SR., et al. VS NIGHTINGALE NURSES LLC, etc., et al.
|
4D2016-2411
|
2016-07-15
|
Closed
|
|
Classification |
Original Proceedings - Circuit Civil - Certiorari
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2015CA003070
|
Parties
Name |
TOM ARNOLD, SR.
|
Role |
Petitioner
|
Status |
Active
|
Representations |
Jonathan E. Pollard, Nathan M. Saunders
|
|
Name |
MEDTEMPS
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
ESP SYSTEMS, LLC
|
Role |
Petitioner
|
Status |
Active
|
|
Name |
FOUR LUCKY GUYS, LLC
|
Role |
Respondent
|
Status |
Active
|
|
Name |
NIGHTINGALE NURSES, LLC
|
Role |
Respondent
|
Status |
Active
|
Representations |
ALLAN WEITZMAN
|
|
Name |
HON. MARTIN H. COLIN
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Palm Beach
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2016-07-15
|
Type |
Petition
|
Subtype |
Petition Certiorari
|
Description |
Petition for Certiorari Filed
|
On Behalf Of |
TOM ARNOLD, SR.
|
|
Docket Date |
2016-08-04
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge
|
|
Docket Date |
2016-08-04
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
Order-Original Proceeding Dismissed ~ ORDERED that the petition for writ of certiorari is dismissed. Petitioners do not establish irreparable harm as the trial court has not compelled production of any privileged or confidential information. Petitioners have an adequate remedy at law through a motion for extension of time filed in the trial court.GROSS, MAY and CONNER, JJ., concur.
|
|
Docket Date |
2016-07-18
|
Type |
Record
|
Subtype |
Appendix to Petition
|
Description |
Appendix to Petition
|
On Behalf Of |
TOM ARNOLD, SR.
|
|
Docket Date |
2016-07-18
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Writ of Certiorari / Acknowledgment letter
|
|
Docket Date |
2016-07-18
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
ORD-Pay Filing Fee-Original Proceeding ~ The $300.00 filing fee or affidavit of indigency in conformance with sections 57.081 and 57.085, Florida Statutes, did not accompany the petition as required in Florida Rule of Appellate Procedure 9.100(b). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE PETITION IS SUBSEQUENTLY VOLUNTARILY DISMISSED OR ADVERSELY DISMISSED.ORDERED sua sponte that the $300.00 filing fee or affidavit of indigency in conformance with section 57.081 and 57.085, Florida Statutes, must be filed in this Court within ten (10) days from the date of the entry of this order. 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 petition has a duty to tender the filing fee to the appellate court when the petition 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: 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 this filing fee is paid or until an affidavit of indigency is filed and indigency status is granted.
|
|
Docket Date |
2016-07-15
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|