Patrick v. John Odato Water Service

BROTMAN, Acting Chief Judge,

Sitting by Designation

MEMORANDUM AND ORDER

Presently before the court is a motion to dismiss filed by appellee John Odato Water Service (hereinafter “appellee”) and an untimely *362opposition and an unopposed motion for leave to post property bond filed by appellant John Patrick (hereinafter “appellant”). For the following reasons, the court will deny appellee’s motion to dismiss with leave to refile under certain circumstances set forth below. Appellant’s motion for leave to post property bond will be denied.

A. Motion to Dismiss

Appellee’s motion to dismiss is based…