Newtek Small Business Finance, Llc As Successor In Interest By Merger To Newtek Small Business Finance, Inc. v. Robert A. Baker And Elsa M. Baker

Supreme Court of Louisiana
November 01, 2022
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
NEWTEK SMALL BUSINESS FINANCE, LLC
AS SUCCESSOR IN INTEREST BY MERGER
TO NEWTEK SMALL BUSINESS FINANCE,
INC.
VS.
ROBERT A. BAKER AND ELSA M. BAKER
No. 2022-C-01088
_ _
_ _ _ _
I
N RE: Newtek Small Business Finance, LLC as successor in interest by merger to
Newtek Small Business Finance, Inc. - Applicant Plaintiff; Applying For Writ Of
Certiorari, Parish of St. Tammany, 22nd Judicial District Court Number(s) 2016-
10884, Court of Appeal, First Circuit, Number(s) 2021 CA 0882;
_ _ _ _ _ _
November 01, 2022
Writ application granted - see briefing notice and Order.
JBM
JLW
JDH
SJC
JTG
WJC
PDG
11/01/2022 "See News Release 047 for any Concurrences and/or Dissents."

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STATE OF LOUISIANA
Sefu @rleanr
CHIEF JUSTICE
JOHN L. WEIMER
JUSTICES
WLLIAM J CRAIN
SCOTT J. CRICHTON
JAMES T, GENOVESE
JAY B, MCCALLUM
JEFFERSON D, HUGHES III
PIPER O. GRIFFIN
First District
Second Districl
Third District
Fourlh District
Fifth Distnct
Seventh District
VERONICA O KOCLANES
CLERK OF COURT
400 Royal St , Suite 4200
NEW ORLEANS, LA 70130.8102
TELEPHONE (504) 310-2300
HOME PAGE httpr/ *ww.lasc org
November 01,2022
2022-C-01088 NEWTEK SMALL BUSINESS FINANCE, LLC AS
SUCCESSOR IN INTEREST BY MERGER TO NEWTEK
SMALL BUSINESS FINANCE, INC. VS. ROBERT A.
BAKER. ET AL.
NOTE: FOR BRIEFING PURPOSES WRIT GRANTED November 01,2022
MEMORANDUM TO COUNSEL IN CAPTIONED CASE:
Please be advised that the above-captioned matter will be set for oral argument on this
Court's next available docket. A copy of the official docket with the specific date and time
of oral argument will be mailed out.
Please note Section 8 of Rule VII of the Rules of this Court provides that the anolicant
or relator. as the case may be. must file their briefs on or before November 28.2022t
and the respondent on or before Dect4bgr 16.2022.
Oral argument will be waived if brief is untimely filed. Briefs submitted on legal sized paper
should be fastened at the top. All briefs should be backed with the customary "Blueback" or
other flexible material. In criminal proceedings, the court directs that counsel must file a
brief. Failure to do so may subject counsel to a penalty of contempt of Court.
It is fuilher provided in Rule VII, Section 9 that briefs sent through the mail shall be deemed
timely hled if mailed on or before the due date. If the brief is received by mail on the first
legal day following the expiration ofthe delay, there shall be a rebuttable presumption that it
was timely filed. In all cases where the presumption does not apply, the timeliness of the
mailing shall be shown only by an official United States postmark or by official receipt or
certificate from the United States Postal Service, or bona frde commercial mail services such
as Federal Express or United Parcel Service, made at the time of mailing which indicates the
date thereof. Any other date stamp,, such as a private commercial mail meter stamp, or label
from an Automated Postal Center, shall not be used to establish timeliness.
Briefs forwarded by private delivery or courier service shall be deemed timely filed only if
received by the clerk on or before the last day ofthe delay for filing.
truly yours,
Ryan Chan
Deputy Clerk
With kindest regards, I remain,
Sinh Oistrcl
11/01/22

RC: RC
ccs: All Counsel
Hon. Alan A. Zaunbrecher
Hon. Melissa R. Henry
Hon. Rodd Naquin, Clerk
22nd Judicial District Court: 2016-10884
Court of Appeal, First Circuit: 2021 CA 0882

SUPREME COURT OF LOUISIANA
No.2022-C-0r088
NEWTEK SMALL BUSINESS FINANCE, LLC
AS SUCCESSOR IN INTEREST BY MERGER
TO NEWTEK SMALL BUSINESS FINANCE,INC.
ROBERT A. BAKER AND ELSA M. BAKER
And, whereas, the Court has this date, pursuant to Article 5, Section 5, of the
Constitution of Louisiana, made and issued the following order, to wit- "It is
ordered that the writ ofreview issue; that the District Court and the Court of
Appeal send up the record in Duplicate of the case; and that counsel for all parties
be notified."
Now, therefore, the said District Court and the Court of Appeal is hereby
commanded, in the name of the State of Louisiana and of this Honorable Court, to
send up forthwith to this Court, in accordance with Supreme Court Rule 1, at the
City of New Orleans, the record in duplicate of the above-entitled case.
Witness the Honorable Justices of the
Supreme Court of the State of Louisiana, on
this 1't day of November, in the year of our
Lord, Two Thousand Twenty-Two.
Veronica O. Koclanes
Clerk of Court
Deputy Clerk of Court
VERSUS
On Writ of Certiorari and/or Review
Twenty-Second Judicial District Court, Parish of St. Tammany, No. 2016-10884;
Court of Appeal, First Circuit, No. 2021 CA 0882.