Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Vt Inc v. Bert Jay Garvin

December 29, 2011

VT INC., APPELLANT,
v.
BERT JAY GARVIN, APPELLEE.



The opinion of the court was delivered by: M. Casey Rodgers Chief United States District Judge

ORDER

This matter is before the Court on Appellant VT INC.'s Notice of Dismissal of Appeal. (Doc. 3). In the Notice, Appellant requests that the Court dismiss the case and that the Clerk close the case. The Appellee has not appeared in the appeal at this time. Fed. R. Bankr. P. 8001(c) provides the procedure for the voluntary dismissal of a bankruptcy appeal. In cases where the appeal has been docketed, Fed. R. Bankr. P. 8001(c)(2) provides:

If an appeal has been docketed and the parties to the appeal sign and file with the clerk of the district court or the clerk of the bankruptcy appellate panel an agreement that the appeal be dismissed and pay any court costs or fees that may be due, the clerk of the district court or the clerk of the bankruptcy appellate panel shall enter an order dismissing the appeal. An appeal may also be dismissed on motion of the appellant on terms and conditions fixed by the district court or bankruptcy appellate panel.

Here, the parties have not signed and filed with the clerk an agreement that the appeal be dismissed and that they will pay any court costs or fees that may be due. Thus, the case falls under the final sentence, "An appeal may also be dismissed on motion of the appellant on terms and conditions fixed by the district court or bankruptcy appellate panel."

Accordingly, it is now ORDERED as follows: Pursuant to Fed. R. Bankr. P. 8001(c)(2), the Appellee shall have until Friday, January 13, 2012, to set out any necessary terms or conditions to the voluntary dismissal. If no response is received from the Appellee by that date, dismissal will be entered.

M. Casey Rodgers

20111229

© 1992-2011 VersusLaw ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.