IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Nos. 97-60216 & 97-60719
Conference Calendar
NICHOLE NICHOLS; JIMMY D. NICHOLS,
Plaintiffs-Appellants,
versus
FARMERS AND MERCHANTS BANK,
Defendant-Appellee.
* * * * * * * * * * * * *
JIMMIE D. NICHOLS; LINDA F. NICHOLS,
Plaintiffs-Appellants,
versus
FARMERS AND MERCHANTS BANK, ITS BOARD OF
DIRECTORS, ET AL.,
Defendants-Appellees.
* * * * * * * * * * * * * *
JIMMIE D. NICHOLS; LINDA F. NICHOLS,
Plaintiffs-Appellants,
versus
FARMERS AND MERCHANTS BANK AND ITS
BOARD OF DIRECTORS,
Defendant-Appellee.
* * * * * * * * * * * * * * *
IN THE MATTER OF: JIMMIE D. NICHOLS;
LINDA F. NICHOLS,
Debtors,
No. 97-60216 & 97-60719
- 2 -
JIMMIE D. NICHOLS; LINDA F. NICHOLS,
Appellants,
versus
FARMERS HOME ADMINISTRATION,
Appellee.
* * * * * * * * * * * * * * *
JIMMIE D. NICHOLS; LINDA F. NICHOLS,
Appellants,
versus
FARMERS AND MERCHANTS BANK,
Appellee.
- - - - - - - - - -
Appeals from the United States District Court
for the Southern District of Mississippi
USDC Nos. 3:95-CV-252 WS, 253 WS, 332 &
USDC No. 3:95-CV-167WS, 168 WS, 169WS
- - - - - - - - - -
February 9, 1999
Before BARKSDALE and EMILIO M. GARZA, Circuit Judges.*
PER CURIAM:**
Because both of these appeals may be determined on the same
ground, they are CONSOLIDATED. FED. R. APP. P. 3(b)(2). The
Appellants have filed several unauthorized briefs that are
STRICKEN. FED. R. APP. P. 28(a), (c), (j); 5TH CIR. R. 28.4. Only
the initial appellate briefs and the initial reply briefs are
*
This matter is being decided by a quorum. 28 U.S.C. §
46(d).
**
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that this opinion should not be published and is not precedent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.
No. 97-60216 & 97-60719
- 3 -
properly before us. In these filings, the Appellants purport to
challenge the district court's summary judgment in favor of the
Appellees (97-60216) and the dismissal of their three bankruptcy
cases (97-60719); nevertheless, they have, through their failure
to brief adequately any appellate issue, failed to prosecute
their appeals. Yohey v. Collins, 985 F.2d 222, 225 (5th Cir.
1993); Grant v. Cuellar, 59 F.3d 523, 524 (5th Cir. 1995). The
appeals are frivolous, and they are DISMISSED. 5TH CIR. R. 42.2.
The Appellants' motions are DENIED, as they are moot.
The Appellees' FED. R. APP. P. 38 motion for the imposition
of costs is GRANTED. The Appellees are awarded double costs.
The matter is REMANDED to the district court for the
determination of the amount of attorneys' fees due the defendants
for responding to these frivolous appeals and motions.
APPEALS CONSOLIDATED; BRIEFS STRICKEN; APPEALS DISMISSED;
APPELLANTS' MOTIONS DENIED; APPELLEES' MOTION FOR DOUBLE COSTS
GRANTED; REMANDED.