Munson Geothermal Inc., Debtor. Stephen M. Munson v. Jeffrey E. Antisdel Hot Springs Power Company Ralph Cromer, Trustee
In Re MUNSON GEOTHERMAL INC., Debtor. Stephen M. MUNSON, Plaintiff-Appellant, v. Jeffrey E. ANTISDEL; Hot Springs Power Company; Ralph Cromer, Trustee, Defendants-Appellees
Opinion
ORDER The case is dismissed as moot. The confirmed plan of reorganization which is the subject of this appeal is no longer in effect due to subsequent confirmation of a modified plan. This court can have no effect upon the rights of the parties because all reorganization efforts occur under the modified plan. The modified plan was the subject of a separate appeal which has been decided by another court. Because the result of the present appeal was obvious, the appeal is frivolous.
See Mackey v. Pioneer Nat’l Bank, 867 F.2d 520, 527 (9th Cir.1989). Faced with a frivolous appeal, this court has the discretion to impose sanctions against the offending party. FRAP 38. The appellees are awarded costs plus attorneys fees on this appeal in the amount of $3,000, jointly and severally, against the appellant and his counsel Alan Smith, as just damages.
How later courts describe this case
Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.
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(dismissing appeal as moot and sanctioning appellant’s attorney under Fed. R.App. P. 38)
Cited by 4 cases
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Most recent
- Systems Division Inc. v. Teknek LLC
- Ben Allustiarte & Linda Allustiarte, Debtors Ben W. Allustiarte Linda M. Allustiarte Gregory R. Allustiarte Debtors- v. W. Austin Cooper, Trustee- in Re: Ben Allustiarte & Linda Allustiarte, Debtors Ben W
- Ralph G. Nasatka v. Delta Scientific Corporation
- In re Strawberry Square Associates
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