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John Kelly and Denice Kelly, Appellant(s) v. Peter J. Menten, as Trustee of the Family Trust created under the 2012 Qualified Personal Residence Trust of Deborah Menten, dated December 20, 2012, and Deborah Menten, as Trustee of the Family Trust created under the 2012 Qualified Personal Residence Trust of Peter J. Menten, dated December 20, 2012, Galerie Bijan, Inc., Katayoun Abae and Florida Department of Environmental Protection, Appellee(s).
|
1D2024-1226
|
2024-05-13
|
Closed
|
|
| Classification |
NOA Final - Administrative - Other
|
| Court |
1st District Court of Appeal
|
| Originating Court |
Administrative Agency
22-2437, OGC 22-2082,22-2491, OGC 22-2277
|
Parties
| Name |
Denice Kelly
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Luna Ergas Phillips, Deborah Kay Madden, Michael Green, Lauren Vickroy Purdy
|
|
| Name |
Peter J. Menten
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
2012 Qualified Personal Residence Trust of Deborah Menten, dated December 20, 2012
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Deborah Menten
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
2012 Qualified Personal Residence Trust of Peter J. Menten, dated December 20, 2012
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
GALERIE BIJAN, INC.
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Susan Martin, Stephen Luis Conteaguero
|
|
| Name |
Katayoun Abae
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Susan Martin, Stephen Luis Conteaguero
|
|
| Name |
Florida Department of Environmental Protection
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Justin George Wolfe, Kelley Francesca Corbari, Kathryn Lewis, Jeffrey Brown
|
|
| Name |
Cathy Sellers
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
DEP Agency Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
| Name |
JOHN KELLY, PLLC
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Luna Ergas Phillips, Deborah Kay Madden, Michael Green, Lauren Vickroy Purdy
|
|
Docket Entries
| Docket Date |
2024-05-13
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal; order appealed attached
|
| On Behalf Of |
John Kelly
|
|
| Docket Date |
2024-10-15
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
Dismissed
|
| View |
View File
|
|
| Docket Date |
2024-10-02
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Motion/Notice Voluntary Dismissal
|
| On Behalf Of |
John Kelly
|
|
| Docket Date |
2024-09-07
|
| Type |
Motions Extensions
|
| Subtype |
Motion for Extension of Time to Serve Initial Brief
|
| Description |
Motion for Extension of Time to Serve Initial Brief
|
| On Behalf Of |
John Kelly
|
|
| Docket Date |
2024-09-03
|
| Type |
Record
|
| Subtype |
Transcript Redacted
|
| Description |
Transcript Redacted - 2908 pages
|
|
| Docket Date |
2024-08-28
|
| Type |
Record
|
| Subtype |
Record on Appeal Redacted
|
| Description |
Record on Appeal Redacted - 7801 pages
|
|
| Docket Date |
2024-08-19
|
| Type |
Record
|
| Subtype |
Index
|
| Description |
Index
|
| On Behalf Of |
DEP Agency Clerk
|
|
| Docket Date |
2024-07-24
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
Order on Motion to Consolidate
|
| View |
View File
|
|
| Docket Date |
2024-06-29
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
Florida Department of Environmental Protection
|
|
| Docket Date |
2024-06-03
|
| Type |
Misc. Events
|
| Subtype |
Docketing Statement
|
| Description |
Docketing Statement
|
| On Behalf Of |
John Kelly
|
|
| Docket Date |
2024-05-28
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Florida Department of Environmental Protection
|
|
| Docket Date |
2024-05-15
|
| Type |
Misc. Events
|
| Subtype |
Certificate
|
| Description |
Certification of Notice of Appeal
|
| On Behalf Of |
DEP Agency Clerk
|
|
| Docket Date |
2024-05-15
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal/certified
|
| On Behalf Of |
John Kelly
|
|
| Docket Date |
2024-05-15
|
| Type |
Event
|
| Subtype |
Fee Paid in Full
|
| Description |
Fee Paid in Full
|
| View |
View File
|
|
| Docket Date |
2024-05-14
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
|
|
Galerie Bijan, Inc., a Florida Profit Corporation, and Katayoun Abae, Appellant(s) v. Peter J. Menten, as Trustee of the Family Trust created under the 2012 Qualified Personal Residence Trust of Deborah Menten, dated December 20, 2012, and Deborah Menten, as Trustee of the Family Trust created under the 2012 Qualified Personal Residence Trust of Peter J. Menten, dated December 20, 2012, John and Denice Kelly, and Florida Department of Environmental Protection, Appellee(s).
|
1D2024-1217
|
2024-05-10
|
Closed
|
|
| Classification |
NOA Final - Administrative - Other
|
| Court |
1st District Court of Appeal
|
| Originating Court |
Administrative Agency
22-2437, 22-2491
|
Parties
| Name |
GALERIE BIJAN, INC.
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Susan Martin, Stephen Luis Conteaguero
|
|
| Name |
Katayoun Abae
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Susan Martin, Stephen Luis Conteaguero
|
|
| Name |
Peter J. Menten
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Luna Ergas Phillips, Deborah Kay Madden, Michael Brandon Green, Lauren Vickroy Purdy
|
|
| Name |
Deborah Menten
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Luna Ergas Phillips, Deborah Kay Madden, Michael Brandon Green
|
|
| Name |
JOHN KELLY, PLLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Denice Kelly
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Florida Department of Environmental Protection
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Kelley Francesca Corbari, Kathryn Lewis, Justin George Wolfe, Jeffrey Brown
|
|
| Name |
DEP Agency Clerk
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2024-11-26
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to Response to Request to Remand This Case for Further Proceedings or to Allow Further Proceedings Without Remand
|
| On Behalf Of |
Peter J. Menten
|
|
| Docket Date |
2024-11-26
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Request to Remand This Case for Further Proceedings or to Allow Further Proceedings Without Remand
|
| On Behalf Of |
Peter J. Menten
|
|
| Docket Date |
2024-11-08
|
| Type |
Record
|
| Subtype |
Appendix
|
| Description |
Appendix to motion to remand
|
| On Behalf Of |
Galerie Bijan, Inc.
|
|
| Docket Date |
2024-11-08
|
| Type |
Motions Other
|
| Subtype |
Miscellaneous Motion
|
| Description |
Motion to remand or to allow further proceedings without remand
|
| On Behalf Of |
Galerie Bijan, Inc.
|
|
| Docket Date |
2024-10-23
|
| Type |
Order
|
| Subtype |
Order on Motion to Stay
|
| Description |
Order on Motion to Stay
|
| View |
View File
|
|
| Docket Date |
2024-10-07
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief 12/9/24
|
| On Behalf Of |
Florida Department of Environmental Protection
|
|
| Docket Date |
2024-10-04
|
| Type |
Notice
|
| Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
| Description |
Notice of Agreed Extension of Time - Answer Brief/cross initial brief - 60 days 12/9/24
|
| On Behalf Of |
Peter J. Menten
|
|
| Docket Date |
2024-09-30
|
| Type |
Response
|
| Subtype |
Response
|
| Description |
Response to Appellants' Motion to Stay
|
| On Behalf Of |
Peter J. Menten
|
|
| Docket Date |
2024-09-25
|
| Type |
Motions Other
|
| Subtype |
Motion To Stay
|
| Description |
Motion To Stay
|
| On Behalf Of |
Galerie Bijan, Inc.
|
|
| Docket Date |
2024-09-09
|
| Type |
Brief
|
| Subtype |
Initial Brief
|
| Description |
Initial Brief
|
| On Behalf Of |
Galerie Bijan, Inc.
|
|
| Docket Date |
2024-09-03
|
| Type |
Record
|
| Subtype |
Transcript Redacted
|
| Description |
Transcript Redacted - 2908 pages
|
|
| Docket Date |
2024-08-28
|
| Type |
Record
|
| Subtype |
Record on Appeal
|
| Description |
Record on Appeal - 7801 pages
|
| On Behalf Of |
DEP Agency Clerk
|
|
| Docket Date |
2024-08-19
|
| Type |
Record
|
| Subtype |
Index
|
| Description |
Index
|
| On Behalf Of |
DEP Agency Clerk
|
|
| Docket Date |
2024-07-24
|
| Type |
Order
|
| Subtype |
Order on Motion to Consolidate
|
| Description |
Order on Motion to Consolidate
|
| View |
View File
|
|
| Docket Date |
2024-07-19
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Peter J. Menten
|
|
| Docket Date |
2024-06-29
|
| Type |
Motions Other
|
| Subtype |
Motion To Consolidate
|
| Description |
Motion To Consolidate
|
| On Behalf Of |
Florida Department of Environmental Protection
|
|
| Docket Date |
2024-05-28
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
Florida Department of Environmental Protection
|
|
| Docket Date |
2024-05-15
|
| Type |
Misc. Events
|
| Subtype |
Order Appealed
|
| Description |
Order Appealed
|
| On Behalf Of |
DEP Agency Clerk
|
|
| Docket Date |
2024-05-13
|
| Type |
Notice
|
| Subtype |
Notice of Cross Appeal
|
| Description |
Notice of Cross Appeal (cross appeal fee paid)
|
| On Behalf Of |
Peter J. Menten
|
|
| Docket Date |
2024-05-15
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal
|
| On Behalf Of |
Galerie Bijan, Inc.
|
|
| Docket Date |
2024-05-13
|
| Type |
Event
|
| Subtype |
Fee Paid in Full
|
| Description |
Fee Paid in Full
|
| View |
View File
|
|
| Docket Date |
2024-05-13
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
| View |
View File
|
|
| Docket Date |
2024-05-10
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal, order attached
|
| On Behalf Of |
Galerie Bijan, Inc.
|
|
|
|
GINA D. ALFONSO VS JOAN LOURENCO, RICK DUCHARME, JOHN KELLY AND VICTOR R. ALFONSO
|
5D2016-1304
|
2016-04-15
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
5th District Court of Appeal
|
| Originating Court |
Circuit Court for the Fifth Judicial Circuit, Citrus County
2014-CA-619-A
|
Parties
| Name |
GINA D. ALFONSO
|
| Role |
Appellant
|
| Status |
Active
|
| Representations |
Sasha O. Garcia, Derek A. Schroth
|
|
| Name |
VICTOR R. ALFONSO
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JOAN LOURENCO
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Frank A. Miller, SUSANNE M. SUITER
|
|
| Name |
RICK DUCHARME, INC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
JOHN KELLY, PLLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
HON. PATRICIA THOMAS
|
| Role |
Judge/Judicial Officer
|
| Status |
Active
|
|
| Name |
Clerk Citrus
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-08-01
|
| Type |
Record
|
| Subtype |
Returned Records
|
| Description |
Returned Records ~ NO RECORD
|
|
| Docket Date |
2016-08-01
|
| Type |
Mandate
|
| Subtype |
Notice Memorandum
|
| Description |
Notice Memorandum
|
|
| Docket Date |
2016-07-12
|
| Type |
Order
|
| Subtype |
Order on Motion/Notice Voluntary Dismissal (non-dispositive)
|
| Description |
Order Granting Voluntary Dismissal
|
|
| Docket Date |
2016-07-12
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2016-07-11
|
| Type |
Motions Other
|
| Subtype |
Motion/Notice Voluntary Dismissal
|
| Description |
Notice of Voluntary Dismissal
|
| On Behalf Of |
GINA D. ALFONSO
|
|
| Docket Date |
2016-06-30
|
| Type |
Mediation
|
| Subtype |
Notice of Successful Mediation
|
| Description |
Notice of Successful Mediation
|
|
| Docket Date |
2016-05-10
|
| Type |
Order
|
| Subtype |
Order Appointing Mediator
|
| Description |
ORD-Appointing Mediator
|
|
| Docket Date |
2016-05-10
|
| Type |
Mediation
|
| Subtype |
Notice of Mediation
|
| Description |
Notice of Mediation ~ AA DEREK A. SCHROTH 0352070
|
| On Behalf Of |
GINA D. ALFONSO
|
|
| Docket Date |
2016-04-27
|
| Type |
Order
|
| Subtype |
Order of Referral to Mediation
|
| Description |
ORD-Referral To Mediation
|
|
| Docket Date |
2016-04-22
|
| Type |
Mediation
|
| Subtype |
Mediation Questionnaire
|
| Description |
Mediation Questionnaire ~ AA DEREK A. SCHROTH 0352070
|
| On Behalf Of |
GINA D. ALFONSO
|
|
| Docket Date |
2016-04-18
|
| Type |
Mediation
|
| Subtype |
Confidential Statement
|
| Description |
Confidential Statement ~ AMENDED; AE FRANK A. MILLER 0910831
|
| On Behalf Of |
JOAN LOURENCO
|
|
| Docket Date |
2016-04-15
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgement Letter 1
|
|
| Docket Date |
2016-04-15
|
| Type |
Mediation
|
| Subtype |
Confidential Statement
|
| Description |
Confidential Statement ~ AE FRANK A. MILLER 0910831
|
| On Behalf Of |
JOAN LOURENCO
|
|
| Docket Date |
2016-04-15
|
| Type |
Notice
|
| Subtype |
Notice of Appearance
|
| Description |
Notice of Appearance
|
| On Behalf Of |
JOAN LOURENCO
|
|
| Docket Date |
2016-04-15
|
| Type |
Order
|
| Subtype |
Mediation Letter to LT
|
| Description |
Mediation Letter to L.T.
|
|
| Docket Date |
2016-04-15
|
| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
|
|
|
MARY SHEEHAN VS CINNAMON TREE PROPERTY OWNERS, etc., et al.
|
4D2015-3585
|
2015-09-25
|
Closed
|
|
| Classification |
NOA Final - Circuit Civil - Other
|
| Court |
4th District Court of Appeal
|
| Originating Court |
Circuit Court for the Nineteenth Judicial Circuit, Martin County
08-223CA
|
Parties
| Name |
MARY SHEEHAN
|
| Role |
Appellant
|
| Status |
Active
|
|
| Name |
JOHN KELLY, PLLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
UNITED AMERICAN CONTRACTORS, LLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
CINNAMON TREE PROPERTY OWNERS
|
| Role |
Appellee
|
| Status |
Active
|
| Representations |
Chad R. Laing
|
|
| Name |
ELIZABETH SMALLWOOD PLLC
|
| Role |
Appellee
|
| Status |
Active
|
|
| Name |
Clerk - Martin
|
| Role |
Lower Tribunal Clerk
|
| Status |
Active
|
|
Docket Entries
| Docket Date |
2016-04-08
|
| Type |
Disposition
|
| Subtype |
Dismissed
|
| Description |
Dismissed - Order by Clerk
|
|
| Docket Date |
2016-04-08
|
| Type |
Disposition by Order
|
| Subtype |
Dismissed
|
| Description |
ORD-Sua Sponte Dismiss-Lack of Prosecution ~ ORDERED sua sponte that the above-styled case is dismissed for lack of prosecution.
|
|
| Docket Date |
2016-03-17
|
| Type |
Order
|
| Subtype |
Show Cause
|
| Description |
Show Cause Lack of Prosecution, Initial Brief/ROA ~ ORDERED that appellant in the above-styled case is directed to show cause in writing, if any there be, on or before March 28, 2016, why the above-styled case should not be dismissed for lack of timely prosecution, in that the appellant's initial brief and the record-on-appeal have 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 and record-on-appeal are filed within this time, the order to show cause will be considered automatically discharged without further order.
|
|
| Docket Date |
2016-01-26
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
ORD-Withdraw as Counsel ~ The January 5, 2016 motion of Pincus & Currier LLP and William H. Pincus, Esq., counsel for appellant, to withdraw as counsel is granted. Accordingly, it isORDERED that (1) this appeal is stayed for twenty (20) days from the date of this order so that new counsel, if desired, may be obtained;(2) this stay will be automatically lifted if substitute counsel files a notice of appearance prior to the end of the 20 day abatement period;(3) if no counsel has filed a notice of appearance within twenty (20) days, all pleadings shall be sent to appellant at the address appearing below; (4) if substitute counsel does not appear within twenty (20) days from the date of this order, appellant is advised that the case will move forward after the abatement period and compliance with the Florida Rules of Appellate Procedure and the rules of this court is required. Failure to comply with the rules may result in dismissal or other sanctions.
|
|
| Docket Date |
2016-01-05
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel ~ ("RENEWED")
|
| On Behalf Of |
MARY SHEEHAN
|
|
| Docket Date |
2016-01-05
|
| Type |
Order
|
| Subtype |
Order on Motion To Withdraw as Counsel
|
| Description |
Order Denying Withdraw as Counsel ~ ORDERED that the December 15, 2015 motion of Pincus & Currier LLP and William H. Pincus, Esquire to withdraw as counsel is denied without prejudice for failure to comply with Florida Rule of Appellate Procedure 9.440(b).
|
|
| Docket Date |
2015-12-15
|
| Type |
Motions Relating to Parties and Counsel
|
| Subtype |
Motion To Withdraw as Counsel
|
| Description |
Motion To Withdraw as Counsel
|
| On Behalf Of |
MARY SHEEHAN
|
|
| Docket Date |
2015-12-07
|
| Type |
Order
|
| Subtype |
Show Cause
|
| 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, on or before December 17, 2015, 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.
|
|
| Docket Date |
2015-09-29
|
| Type |
Letter
|
| Subtype |
Acknowledgment Letter
|
| Description |
Acknowledgment Letter
|
|
| Docket Date |
2015-09-29
|
| 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 |
2015-09-25
|
| Type |
Notice
|
| Subtype |
Notice of Appeal
|
| Description |
Notice of Appeal Filed
|
| On Behalf Of |
MARY SHEEHAN
|
|
| Docket Date |
2015-09-25
|
| Type |
Misc. Events
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| Subtype |
Fee Status
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| Description |
A3:Paid In Full - $300
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AMANZIMTOTI PROPERTIES, LLC. VS OCWEN LOAN SERVICING, LLC., ET AL.
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4D2015-2466
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2015-06-24
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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 Nineteenth Judicial Circuit, Indian River County
312013CA000671
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Parties
| Name |
AMANZIMTOTI PROPERTIES, LLC
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| Role |
Appellant
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| Status |
Active
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| Representations |
STEVEN L. HENDERSON, C. Douglas Vitunac
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|
| Name |
ABRASH ARONBAYEV
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| Role |
Appellee
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| Status |
Active
|
|
| Name |
POINTE WEST MASTER PROPERTY
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| Role |
Appellee
|
| Status |
Active
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|
| Name |
POINTE WEST CENTRAL VILLAGE
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| Role |
Appellee
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| Status |
Active
|
|
| Name |
OCWEN LOAN SERVICING, LLC
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| Role |
Appellee
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| Status |
Active
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| Representations |
ELIZABETH CAMPBELL(DNU), JAY STEVEN LEVINE, KHARI E. TAUSTIN, ELIZABETH JOY CAMPBELL, Brennan Grogan, Jeremy W. Harris, JARED LINDSAY, ALICIA GALE WINDSOR, DAVID F. KNOBEL
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|
| Name |
UNKNOWN TENANT #2
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| Role |
Appellee
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| Status |
Active
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|
| Name |
JOHN KELLY, PLLC
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| Role |
Appellee
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| Status |
Active
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|
| Name |
Hon. Cynthia L. Cox
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| Role |
Judge/Judicial Officer
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| Status |
Active
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|
| Name |
Clerk - Indian River
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| Role |
Lower Tribunal Clerk
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| Status |
Active
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Docket Entries
| Docket Date |
2015-11-18
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| Type |
Motions Relating to Oral Argument
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| Subtype |
Motion/Request for Oral Argument
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| Description |
Request for Oral Argument
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| On Behalf Of |
OCWEN LOAN SERVICING, LLC
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|
| Docket Date |
2015-11-13
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| Type |
Brief
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| Subtype |
Answer Brief
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| Description |
Appellee's Answer Brief
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| On Behalf Of |
OCWEN LOAN SERVICING, LLC
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|
| Docket Date |
2015-11-09
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| Type |
Notice
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| Subtype |
Notice of Agreed Extension of Time - Answer Brief
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| Description |
Notice of Agreed Extension - Answer Brief ~ TO 11/13/15
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| On Behalf Of |
OCWEN LOAN SERVICING, LLC
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|
| Docket Date |
2015-12-08
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Reply Brief
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| Description |
Order Granting EOT for Appellant's Reply Brief ~ ORDERED that appellant's December 3, 2015 motion for extension of time is granted, and appellant shall serve the reply brief on or before December 14, 2015. In addition, if the reply brief is served after the time provided for in this order, it may be stricken.
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| Docket Date |
2016-09-02
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| Type |
Mandate
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| Subtype |
Mandate
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| Description |
Mandate
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| Docket Date |
2016-08-16
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| Type |
Order
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| Subtype |
Order on Motion for Rehearing
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| Description |
ORD-Denying Rehearing ~ ORDERED that the appellant's July 6, 2016 motion for rehearing, rehearing en banc and request for a written opinion is denied.
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|
| Docket Date |
2016-08-16
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| Type |
Misc. Events
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| Subtype |
West Publishing
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| Description |
West Publishing
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| Docket Date |
2016-07-21
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| Type |
Response
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| Subtype |
Response
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| Description |
Response
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| On Behalf Of |
OCWEN LOAN SERVICING, LLC
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|
| Docket Date |
2016-07-21
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance
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| On Behalf Of |
OCWEN LOAN SERVICING, LLC
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|
| Docket Date |
2016-07-06
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| Type |
Post-Disposition Motions
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| Subtype |
Motion for Rehearing
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| Description |
Motion for Rehearing / Rehearing En Banc ~ *AND* REQUEST FOR A WRITTEN OPINION
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| On Behalf Of |
AMANZIMTOTI PROPERTIES, LLC
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| Docket Date |
2016-06-22
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| Type |
Disposition by Opinion
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| Subtype |
Affirmed in Part/Reversed in Part
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| Description |
Affirmed in Part/Reversed in Part - Per Curiam Opinion
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|
| Docket Date |
2016-03-11
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| Type |
Order
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| Subtype |
Order Dispensing with Oral Argument
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| 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.
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| Docket Date |
2015-12-14
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| Type |
Brief
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| Subtype |
Reply Brief
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| Description |
Appellant's Reply Brief
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| On Behalf Of |
AMANZIMTOTI PROPERTIES, LLC
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| Docket Date |
2015-12-03
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Reply Brief
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| Description |
Mot. for Extension of Time to File Reply Brief
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| On Behalf Of |
AMANZIMTOTI PROPERTIES, LLC
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| Docket Date |
2015-10-14
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Answer Brief
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| Description |
Order Granting EOT for Answer Brief ~ ORDERED that appellee's October 7, 2015 motion for extension of time is granted, and appellee shall serve the answer brief on or before November 9, 2015. In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal.
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| Docket Date |
2015-10-07
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Answer Brief
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| Description |
Mot. for Extension of time to file Answer Brief
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| On Behalf Of |
OCWEN LOAN SERVICING, LLC
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| Docket Date |
2015-09-18
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| Type |
Brief
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| Subtype |
Initial Brief
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| Description |
Initial Brief on Merits
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| On Behalf Of |
AMANZIMTOTI PROPERTIES, LLC
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| Docket Date |
2015-09-01
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| Type |
Order
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| Subtype |
Order on Motion for Extension of Time to Serve Initial Brief
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| Description |
Order Granting EOT for Initial Brief ~ ORDERED that appellant's August 26, 2015 motion for extension of time is granted, and appellant shall serve the initial brief within twenty (20) 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 |
2015-08-26
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| Type |
Notice
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| Subtype |
Notice
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| Description |
Notice ~ OF EMAIL ADDRESS
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| On Behalf Of |
AMANZIMTOTI PROPERTIES, LLC
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| Docket Date |
2015-08-26
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| Type |
Motions Extensions
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| Subtype |
Motion for Extension of Time to Serve Initial Brief
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| Description |
Mot. for Extension of time to file Initial Brief
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| On Behalf Of |
AMANZIMTOTI PROPERTIES, LLC
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| Docket Date |
2015-08-13
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| Type |
Record
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| Subtype |
Record on Appeal
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| Description |
Received Records ~ FOUR (4) VOLUMES
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| Docket Date |
2015-07-13
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| Type |
Notice
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| Subtype |
Notice of Appearance
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| Description |
Notice of Appearance ~ & DESIGNATION OF EMAIL ADDRESS
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| On Behalf Of |
OCWEN LOAN SERVICING, LLC
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| Docket Date |
2015-07-07
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| Type |
Order
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| Subtype |
Order to Register/Update eDCA
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| Description |
Counsel to register with eDCA ~ Be advised that C. Douglas Vitunac and Jared Lindsay have failed to comply with this court's Administrative Order No. 2013-01, requiring counsel of record to register with the Fourth District Court of Appeal's electronic filing system to receive electronic copies of court communications, including but not limited to orders.You are further advised that to receive all communications from this court in electronic form you must register at www.4dca.org or https://edca.4dca.org.Unless you obtain a hardship waiver of the registration requirement the Clerk of the Court shall cease mailing paper copies of all communications from the court to you after ten (10) days from the date of this order.Copies can be obtained by completing a Copy Request Form located at www.4dca.org.AMERICANS WITH DISABILITIES ACT: If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, the provision of certain assistance. Please contact the Marshal, Daniel DiGiacomo, 4th District Court of Appeal, 1525 Palm Beach Lakes Blvd., West Palm Beach, Florida 33401, telephone (561) 242-2000; 1-800-955-8771(TDD); or 1-800-955-8770(V) via Florida Relay Service, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
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| Docket Date |
2015-06-26
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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 |
2015-06-26
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| Type |
Order
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| Subtype |
Order on Filing Fee
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| 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.
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| Docket Date |
2015-06-24
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| Type |
Misc. Events
|
| Subtype |
Fee Status
|
| Description |
A3:Paid In Full - $300
|
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| Docket Date |
2015-06-24
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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 |
AMANZIMTOTI PROPERTIES, LLC
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