United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 01-3412
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In re: Popkin & Stern, *
*
Debtor. *
*
Robert J. Blackwell, Liquidating *
Trustee of the Popkin & Stern *
Liquidating Trust, *
*
Appellant, * Appeal from the United States
* Bankruptcy Appellate Panel
v. * for the Eighth Circuit
` *
Nancy Fendell Lurie; * [UNPUBLISHED]
Ronald U. Lurie, *
*
Appellee. *
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Submitted: September 9, 2002
Filed: September 23, 2002
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Before McMILLIAN, RICHARD S. ARNOLD, and MELLOY, Circuit Judges.
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PER CURIAM.
Robert J. Blackwell, as liquidating trustee of the Popkin & Stern liquidating
trust, appeals from a final order entered by the United States Bankruptcy Appellate
Panel for the Eighth Circuit holding that Ronald U. Lurie has standing to appeal and
that the United States Bankruptcy Court for the Eastern District of Missouri lacked
personal jurisdiction over Lurie in the adversary proceeding against his wife, Nancy
Lurie. Blackwell v. Lurie (In re Popkin & Stern), No. 01-6020EM (B.A.P. 8th Cir.
Sept. 4, 2001), rev’g in part Adv. No. 94-4461-399 (Bankr. E.D. Mo. Mar. 6, 2001).
Subsequent events have made the present appeal moot. Specifically, on
July 19, 2002, the bankruptcy court entered an order in the adversary proceeding
against Lurie finding that the 1994 judgment against Lurie was for a sum certain, was
not subject to modification or adjustment, and was not ambiguous, contingent or
derivative. Id., Adv. No. 94-4192-399 (Bankr. E.D. Mo. July 19, 2002). Lurie has
since filed an appeal from that order with the bankruptcy appellate panel. During oral
argument in the present appeal, Lurie, appearing pro se, stated that he was not
challenging personal jurisdiction in the appeal from the bankruptcy court’s July 19,
2002, order.
Accordingly, we vacate the March 6, 2001, order entered by the bankruptcy
court in Adv. No. 94-4461-399 as it applies to Lurie and the September 4, 2001, order
entered by the bankruptcy appellate panel in No. 01-6020EM and dismiss the appeal
as moot. The dismissal is without prejudice to any argument Lurie may raise in the
appeal from the bankruptcy court’s July 19, 2002, order with respect to the nature of
the 1994 judgment.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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