Fiduciary Trust International of California et al v. Tower Park Properties LLC

In Re Debtor: Tower Park Properties LLC
Appellant: Fiduciary Trust International of California
Appellee: Tower Park Properties LLC
 
Case Number: 2:2013cv01518
Filed: March 4, 2013
 
Court: California Central District Court
Presiding Judge: George H. King
 
Nature of Suit: Bankruptcy Appeal (801)

Available Case Documents

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Date Filed#Document Text
July 18, 2013 31 Opinion or Order of the Court ORDER RE MOTION TO DISMISS APPEAL 13 by Judge George H. King remanding case to the U. S. Bankruptcy Court. Because we decline to impose judicial estoppel, factual issues prevent us from deciding whether this appeal is moot. In particular, TPP arg ues that the Conditional Provisions are not void because the parties to the Settlement did not intend the February 15 deadline to have any material importance. FTIC disputes this account and argues that the Conditional Provisions are void. Accordingl y, we REMAND the issue to the bankruptcy court to create a fuller record and consider in the first instance whether the Settlement Agreement is void. See Von Kennel Gaudin v. Remis, 282 F.3d 1178, 1183-84 (9th Cir. 2002) (remanding to district court factual issues dispositive of mootness); see also Wright, et al., Federal Practice and Procedure, § 3533.10.3, Other Mootness on Appeal (April 2013) (explaining that [i]f the appellate court is unsure of the facts, it is common to remand for con sideration of mootness by the lower court). This appeal is STAYED pending further proceedings in the bankruptcy court that we direct here. If the bankruptcy court determines that the Settlement Agreement is void, this appeal shall be dismissed as moot. If the bankruptcy court determines otherwise, the Parties may seek to vacate the stay and proceed with this appeal, if appropriate. Case number: 2:08-bk-20298-BR, Adversary number: N/A. (shb)

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In re debtor: Tower Park Properties LLC
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Appellant: Fiduciary Trust International of California
Represented By: Rolf S Woolner
Represented By: William Robert Shafton
Represented By: Justin E Rawlins
Represented By: Richard Denis Cleary
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Appellee: Tower Park Properties LLC
Represented By: Daniel H Reiss
Represented By: David B Golubchik
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