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TREMAYNE OWENS and TWANNE PRATT VS WELLS FARGO BANK N.A., USAG INVESTMENTS, LLC and SHERIFF SCOTT ISRAEL, etc.
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4D2018-1710
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2018-06-05
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Closed
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| Classification |
Original Proceedings - Circuit Civil - Prohibition
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE 15-18634
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Parties
| Name |
TWANNE PRATT
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| Role |
Appellant
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| Status |
Active
|
|
| Name |
TREMAYNE M. OWENS
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| Role |
Appellant
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| Status |
Active
|
|
| Name |
Wells Fargo Bank N.A.
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| Role |
Respondent
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| Status |
Active
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| Representations |
Jerome L. Tepps, Shapiro Fishman & Gache, L.L.P
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|
| Name |
USAG INVESTMENT LLC
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| Role |
Respondent
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| Status |
Active
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|
| Name |
Scott J. Israel, Sheriff
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| Role |
Respondent
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| Status |
Active
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|
| Name |
Hon. Joel T. Lazarus
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
Clerk - Broward
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2018-06-06
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Prohibition / Acknowledgment letter
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|
| Docket Date |
2018-06-13
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| Type |
Disposition
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| Subtype |
Denied
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| Description |
Denied - Order by Judge
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|
| Docket Date |
2018-06-13
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| Type |
Disposition by Order
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| Subtype |
Denied
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| Description |
Order Denying Petition for Writ - Prohib. ~ ORDERED that the petition for writ of prohibition and emergency motion for stay are denied on the merits.GERBER, C.J., GROSS and CIKLIN, JJ., concur.
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| Docket Date |
2018-06-12
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| Type |
Motions Other
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| Subtype |
Motion To Stay
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| Description |
Motion To Stay
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| Docket Date |
2018-06-12
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| Type |
Misc. Events
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| Subtype |
Determination of Indigency/LT Order Insolvency
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| Description |
Certificate of Indigency ~ CLERK'S CERTIFICATE OF INDIGENCYThe Clerk of the District Court of Appeal, Fourth District, has received for filing an Affidavit of Indigency, and issues this Certificate of Indigency in accordance with section 57.081(1), Florida Statutes. This case shall proceed without the requirement of prepayment of fees and costs, subject to the provisions of section 57.081(3), Florida Statutes.
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| Docket Date |
2018-06-11
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| Type |
Misc. Events
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| Subtype |
Affidavit
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| Description |
Affidavit ~ OF INDIGENT STATUS
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| Docket Date |
2018-06-08
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| Type |
Order
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| Subtype |
Order Striking Filing
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| Description |
ORD-Stricken ~ ORDERED that the petitioners' June 7, 2018 “notice of compliance” is stricken without prejudice to file an application for determination of indigent status with this court using the enclosed form.
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| Docket Date |
2018-06-07
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| Type |
Notice
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| Subtype |
Notice
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| Description |
Notice ~ **STRICKEN** OF COMPLIANCE, WITH ATTACHED L.T. DETERMINATION OF INDIGENCY
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| Docket Date |
2018-06-06
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| 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 |
2018-06-05
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
WV:Waived
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| Docket Date |
2018-06-05
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| Type |
Petition
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| Subtype |
Petition Prohibition
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| Description |
Petition Prohibition
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| On Behalf Of |
TREMAYNE M. OWENS
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TREMAYNE M. OWENS and TWANNE PRATT VS WELLS FARGO BANK N.A. and USAG INVESTMENT, LLC
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4D2018-1232
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2018-04-20
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Closed
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| Classification |
NOA Final - Circuit Civil - Foreclosure
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| Court |
4th District Court of Appeal
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| Originating Court |
Circuit Court for the Seventeenth Judicial Circuit, Broward County
CACE15-18634
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Parties
| Name |
TWANNE PRATT
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
TREMAYNE M. OWENS
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| Role |
Appellant
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| Status |
Active
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|
| Name |
FORECLOSURE, INC.
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| Role |
Appellant
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| Status |
Active
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|
| Name |
Wells Fargo Bank N.A.
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| Role |
Appellee
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| Status |
Active
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| Representations |
Jerome L. Tepps, SHAPIRO FISHMAN & GACHE, LLP, Mary Josephine Walter
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| Name |
USAG INVESTMENT LLC
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| Role |
Appellee
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| Status |
Active
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|
| Name |
Clerk - Broward
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2018-07-31
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| Type |
Disposition
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| Subtype |
Dismissed
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| Description |
Dismissed - Order by Clerk
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| Docket Date |
2018-07-31
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| Description |
ORD-Sua Sponte Dismiss-Lack of Prosecution ~ ORDERED sua sponte that the above-styled case is dismissed for lack of prosecution.
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| Docket Date |
2018-07-13
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| Type |
Order
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| Subtype |
Show Cause
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| Description |
Show Cause Lack of Prosecution, Initial Brief ~ 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 |
2018-06-07
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| Type |
Order
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| Subtype |
Order on Motion to Withdraw Filing
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| Description |
ORD-To Withdraw Pleadings ~ ORDERED that appellants’ June 6, 2018 “notice of withdrawal” is treated as a motion to withdraw the May 31, 2018 pleading and is granted, and the May 31, 2018 pleading is considered withdrawn.
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| Docket Date |
2018-06-06
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance ~ *AND* REQUEST FOR SERVICE OF PAPERS
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| On Behalf Of |
Wells Fargo Bank N.A.
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| Docket Date |
2018-05-31
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| Type |
Motions Other
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| Subtype |
Motion To Stay
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| Description |
Motion To Stay ~ ***WITHDRAWN***
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| On Behalf Of |
TREMAYNE M. OWENS
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| Docket Date |
2018-05-25
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| Type |
Notice
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| Subtype |
Amended Notice of Appeal
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| Description |
Amended Notice of Appeal
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| Docket Date |
2018-05-24
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| Type |
Order
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| Subtype |
Order Reclassifying Case
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| Description |
ORD-Final Appeal Treated as Non-Final ~ ORDERED that the appellants’ May 22, 2018 motion for reinstatement is granted, and the above–styled appeal is reinstated. Further,ORDERED sua sponte that the court determines that this appeal seeks review of a non-final order, rather than a final order. Appellants shall serve an initial brief and an accompanying appendix within fifteen (15) days from the date of this order. See Fla. R. App. P. 9.130(e), 9.220. The clerk of the lower tribunal shall not transmit a record on appeal unless ordered by this court.
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| Docket Date |
2018-05-22
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| Type |
Notice
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| Subtype |
Notice
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| Description |
Notice ~ OF COMPLIANCE
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| Docket Date |
2018-05-22
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| Type |
Post-Disposition Motions
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| Subtype |
Motion For Reinstatement
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| Description |
Motion For Reinstatement
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| Docket Date |
2018-05-10
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| Type |
Disposition by Order
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| Subtype |
Dismissed
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| 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.
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| Docket Date |
2018-05-10
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| Type |
Disposition
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| Subtype |
Dismissed
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| Description |
Dismissed - Order by Clerk ~ (Reinstated 5/24/18)
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| Docket Date |
2018-04-23
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| Type |
Order
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| Subtype |
Amended/Additional Filing(s) Needed
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| Description |
Appellant to File Order Appealed-Civil ~ ORDERED that appellant is directed to file, within fifteen (15) days from the date of this order, a conformed copy of the order being appealed. See Florida Rule of Appellate Procedure 9.110(d). This copy must contain a legible stamp from the clerk of the lower tribunal, showing the date and time the order being appealed was filed in that office.
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| Docket Date |
2018-04-23
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| Type |
Letter
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| Subtype |
Acknowledgment Letter
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| Description |
Acknowledgment Letter
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|
| Docket Date |
2018-04-20
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| Type |
Notice
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| Subtype |
Notice of Appeal
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| Description |
Notice of Appeal Filed
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| On Behalf Of |
TREMAYNE M. OWENS
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| Docket Date |
2018-04-20
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| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
WV:Waived
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