Avenger Mfg Co Inc v. Southpoint Marina

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 97-30730

AVENGER MANUFACTURING COMPANY INCORPORATED,

Plaintiff-Appellee,

versus

SOUTHPOINT MARINA, ET AL.,

Defendants,

SOUTHPOINT MARINA,

Defendant-Appellant.

Appeal from the United States District Court
for the Eastern District of Louisiana
(95-CV-3424-C)

January 5, 1999

Before GARWOOD, DAVIS and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

In our April 13, 1998, opinion herein, we severed the appeal

of the corporate defendant Port Isabel Marina/South Point, Inc.

(also known as Southpoint Marina) because of its pending bankruptcy

proceedings in which said party was debtor (In re Port Isabel

Marina/South Point, Inc., United States Bankruptcy Court, Southern

*
Pursuant to 5TH CIR. R. 47.5 the Court has determined that this
opinion should not be published and is not precedent except under
the limited circumstances set forth in 5TH CIR. R. 47.5.4.
District of Texas, McAllen Division, originally filed as No. 97-

21408-B-11 in said court), and we abated that severed appeal

pending termination of said bankruptcy proceeding or lifting the

automatic stay therein, whichever was first.** We have now been

informed that in September 1998 a final decree was entered in the

referenced bankruptcy closing the bankruptcy case. Counsel for the

corporate defendant-appellant has also advised that the corporate

defendant and all of its assets have been sold.

Accordingly, the severed portion of this case involving the

appeal of the said corporate defendant is now reactivated, and the

Court, after consideration of the briefs, pertinent portions of the

record, and the argument of counsel (this case was fully argued to

the Court before this Court’s order of April 13, 1998), concludes

that no cause for reversal has been demonstrated, and accordingly

as to said severed portion of this cause, namely the appeal of the

said corporate defendant, the judgment of the district court is in

all things AFFIRMED.***

**
At the same time, we in all things affirmed the judgment in
the nonsevered portion of the case (including the appeal of Scott
Rowland (individually and doing business as Southpoint Marina).
***
All pending, undisposed-of motions pertinent to said severed
case are denied.

2