Filed: Jul. 11, 2014
Latest Update: Jul. 11, 2014
Summary: OPINION AND ORDER WILLIAM S. DUFFEY, Jr., District Judge. This matter is before the Court on M. Eugene Gibbs ("Gibbs") and Samuel L. Daniels's ("Daniels") motions to stay the Court's order pending appeal ("Motions") [19, 20]. 1 On October 31, 2012, Gibbs, Daniels, and Better Quality Homes, Inc. (collectively, "Appellants") filed a notice [1] appealing (1) "the [bankruptcy court's] September 25, 2012, order appointing Mr. Anderson as [t]rustee," and (2) "the order affirming said appointment,
Summary: OPINION AND ORDER WILLIAM S. DUFFEY, Jr., District Judge. This matter is before the Court on M. Eugene Gibbs ("Gibbs") and Samuel L. Daniels's ("Daniels") motions to stay the Court's order pending appeal ("Motions") [19, 20]. 1 On October 31, 2012, Gibbs, Daniels, and Better Quality Homes, Inc. (collectively, "Appellants") filed a notice [1] appealing (1) "the [bankruptcy court's] September 25, 2012, order appointing Mr. Anderson as [t]rustee," and (2) "the order affirming said appointment, ..
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OPINION AND ORDER
WILLIAM S. DUFFEY, Jr., District Judge.
This matter is before the Court on M. Eugene Gibbs ("Gibbs") and Samuel L. Daniels's ("Daniels") motions to stay the Court's order pending appeal ("Motions") [19, 20].1
On October 31, 2012, Gibbs, Daniels, and Better Quality Homes, Inc. (collectively, "Appellants") filed a notice [1] appealing (1) "the [bankruptcy court's] September 25, 2012, order appointing Mr. Anderson as [t]rustee," and (2) "the order affirming said appointment, after a hearing noting DIP's objections, held on or about the 19th day of October 2012." (Notice of Appeal at ¶¶ 2-3). On May 16, 2013, the Court dismissed the appeal [13].2
On February 20, 2014, Gibbs filed his Motion to Stay Court's Order Pending Appeal [19]. On February 21, 2014, Daniels filed the identical motion [20]. At that time, no appeal was pending.
On April 4, 2014, Appellants filed a Notice of Appeal [21]. On April 15, 2014, Appellants filed an Amended Joint Notice of Appeal [23].3
On July 9, 2014, the Eleventh Circuit dismissed the appeal for want of prosecution, rendering the Motions moot.
For the foregoing reasons,
IT IS HEREBY ORDERED that M. Eugene Gibbs's Motion to Stay Court's Order Pending Appeal [19] is DENIED.
IT IS FURTHER ORDERED that Samuel L. Daniels's Motion to Stay Court's Order Pending Appeal [20] is DENIED
SO ORDERED.
