LINDSEY
v.
DUCKWORTH DEVELOPMENT II, LLC
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The court affirmed the bankruptcy court's final judgment and orders, finding no errors of law or clearly erroneous factual findings.
Appellants appealed the bankruptcy court's final judgment and orders denying their motions for rehearing, new trial, and dismissal for lack of jurisdi…
The full statement of facts, procedural history, and disposition for this case are member content.
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This bankruptcy appeal is before the Court following the timely appeal by appellants James K. Lindsey and Kracor South, Inc., of the United States Bankruptcy Court’s October 23, 2019 Final Judgment in an adversary proceeding, and its November 22, 2019 Order denying the defendants/appellants’ motion for rehearing and for new trial, and denying defendants/appellants’ motion to dismiss for lack of jurisdiction and for plaintiff/appellee’s lack of standing. The parties filed briefs in support of their respective positions. Docs. 4 & 7. The Court is sitting in an appellate capacity. It therefore reviews the bankruptcy court’s legal conclusions de novo and its factual findings for clear error. See, e.g., In re Yerian, 927 F. 3d 122, 1227 (11th Cir. 2019) (citation and quotation omitted). The bankruptcy court’s decision to retain jurisdiction of an adversary proceeding following dismissal of an underlying bankruptcy case is reviewed for abuse of discretion. In re Morris, 950 F. 2d 1531, 1534 (11th Cir. 1992). Applying these standards, and upon careful consideration of the briefs and record on appeal, the Court concludes that the bankruptcy court committed no errors of law and made no clearly erroneous factual findings. The bankruptcy court did not abuse its discretion when it retained jurisdiction of the adversary proceeding as a matter “related to” the bankruptcy case; plaintiff/appellee Duckworth therefore had standing; and the bankruptcy court’s numerous evidentiary and credibility decisions support its Findings of
Fact and Conclusions of Law (Doc. 3-239). Accordingly, it is hereby ORDERED: The United States Bankruptcy Court’s Final Judgment (Doc. 3-242); and its Order denying defendant/appellants’ motion for rehearing, and for new trial and denying defendants/appellants’ motion to dismiss for lack of jurisdiction and plaintiff/appellee’s lack of standing (Doc. 3-253), are AFFIRMED. The Clerk shall close the file. DONE AND ORDERED in Jacksonville, Florida this 26th day of August, 2020.
TIMOTHY J. CORRIGAN
United States District Judge s. Copies: Honorable Jerry A. Funk United States Bankruptcy Judge Counsel of record