Securities and Exchange Commission v. Nadel et al

Filing 1226

NOTICE OF APPEAL as to 1222 Order on Motion for Miscellaneous Relief by Wells Fargo Bank, N.A.. Filing fee not paid. (Attachments: # 1 Exhibit A)(Wirth, Steven)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION SECURITIES AND EXCHANGE COMMISSION, Plaintiff, v. ARTHUR NADEL, SCOOP CAPITAL, LLC, SCOOP MANAGEMENT, INC., Defendants, CASE NO.: 8:09-00087-T-26TBM SCOOP REAL ESTATE, L.P., VALHALLA INVESTMENT PARTNERS, L.P., VALHALLA MANAGEMENT, INC., VICTORY IRA FUND, LTD., VICTORY FUND, LTD., VIKING IRA FUND, LLC., VIKING FUND, LLC., and VIKING MANAGEMENT, LLC. Relief Defendants. _______________________________________________/ NOTICE OF APPEAL NOTICE IS GIVEN that Wells Fargo Bank, N.A. ("Wells Fargo"), a non-party creditor holding security interests in properties subject to this receivership, for itself and as loan servicer for Bank of America, N.A., who also holds security interests in property subject to this receivership, appeals to the United States Court of Appeals for the Eleventh Circuit from the Order of this Court Granting the Receiver's Motion (I) for Determination that Wells Fargo Bank, N.A.'s Failure to Comply with this Court's Claims Administration Process Extinguished its Purported Interests in Receivership Properties, and (II) for Release of {37648504;4} Proceeds of Sale of Sarasota Property ("Order"). [Doc. 1222] Wells Fargo appeals in its capacities as both holder of its own security interests and as servicer for Bank of America, N.A. The Order is appealable pursuant to 28 U.S.C. ยง 1291 and the doctrine of practical finality because it finally determines the right to immediate possession of property and will cause irreparable harm to non-party Wells Fargo if the Order cannot be appealed until after a final order terminating this receivership. See In re F.D.R. Hickory House, Inc., 60 F.3d 724, 726-27 (11th Cir. 1995) (doctrine of practical finality allows immediate appeals of orders which decide the right to the property in contest or direct immediate payment); Ortho Pharm. Corp. v. Sona Distrib., 847 F.2d 1512, 1516-17 (11th Cir. 1988) (finding doctrine of practical finality allows immediate appeal by non-party of order requiring payment of monetary sanctions). The Order is attached hereto as Exhibit A. Dated: March 2, 2016 Respectfully submitted, AKERMAN LLP /s/ Steven R. Wirth L. Joseph Shaheen, Jr. Florida Bar No.: 212385 Email: Steven R. Wirth Florida Bar No.: 170380 Email: 401 East Jackson Street, Suite 1700 Tampa, Florida 33602 Telephone: (813) 223-7333 Facsimile: (813) 223-2837 Counsel for Wells Fargo Bank, N.A. {37648504;4} 2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished via electronic service upon all CM/ECF parties on this 2nd day of March, 2016. /s/Steven R. Wirth Attorney {37648504;4} 3

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