Amelia Gallo Arzoumanian v. U.S. Bank National Association, etc.-Issued -11-1-07

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT July Term 2007 AMELIA GALLO ARZOUMANIAN and MARK PUZANT ARZOUMANIAN, Appellants, v. U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT, DATED AS OF OCTOBER 1, 2002, AMONG CREDIT-BASED ASSET SERVICING AND SECURITIZATION LLC, PPT ABS LLC, LITTON LOAN SERVICING LP AND U.S. BANK NATIONAL ASSOCIATION, PPT ASSET-BACKED CERTIFICATES, SERIES 2002-1, WITHOUT RECOURSE, Appellee. No. 4D06-4561 [November 1, 2007] ORDER ON MOTION TO RELINQUISH JURISDICTION PER CURIAM. Counsel for appellants, who has been recently retained, has filed a motion to relinquish jurisdiction to the trial court in order for appellants to file a motion for relief from judgment under rule 1.540. Because relinquishment of jurisdiction for consideration of a rule 1.540 motion results in delay, we do not routinely grant motions to relinquish for this purpose unless we have been furnished a copy of the rule 1.540 motion. We accordingly deny this motion without prejudice to appellants filing their rule 1.540 motion in the trial court, and then filing a motion for relinquishment in this court, with a copy of the rule 1.540 motion attached. KLEIN, STEVENSON and HAZOURI, JJ., concur. * * * Appeal of a non-final order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; John T. Luzzo, Judge; L.T. Case No. CACE-03-001122-18. Jennifer S. Carroll of the Law Offices of Jennifer S. Carroll, P.A., Palm Beach Gardens, for appellants. No appearance for appellee.

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