WINCEK
v.
SMITH (IN RE WINCEK)

M.D. Fla. | 1996-10-30
No. 96-944-Civ-T-23C
Merryday
208 B.R. 238 District Court, M.D. Florida (1996)
Also reported at: 78 A.F.T.R.2d (RIA) 7448 · 1996 WL 885849 · 1996 U.S. Dist. LEXIS 17218

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Holding

The bankruptcy court's decision is affirmed.


Facts & Procedural History

The case was limited to its specific facts. The doctrine of unconstitutional conditions was mentioned as potentially relevant under different circumst…

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Opinion of the Court

MERRYDAY, District Judge.

The Court has reviewed the parties’ briefs and the record on appeal, including Judge Paul M. Glenn’s excellent order of dismissal. Upon consideration, the decision of the bankruptcy court is AFFIRMED. 1 I agree with Judge Glenn that this ease is properly limited to its facts. For example, the doctrine of unconstitutional conditions, to the extent it retains vitality, might invite different considerations and even a different result under different circumstances.

1

. The district court dispensed with oral argument pursuant to section (3) of paragraph two of rule 8012.


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