Legal Opinion

Mirage Resorts, Inc. v. Quiet Nacelle Corp.

Court of Appeals for the Eleventh Circuit

Decided March 24, 2000No. 98-5217PublishedCited by 20 opinions

1Opinion of the Court

TJOFLAT, Circuit Judge:

In this appeal, the parties ask us to decide whether a senior creditor may trace and recapture funds paid by a bank to a judgment creditor (pursuant to a writ of garnishment) before the senior creditor declared the debtor in default. The district court held that the funds may be traced and recaptured. We hold that the district court lacked jurisdiction to resolve the issue.

I,

On January 1, 1995, Quiet Technology, Inc. (“Quiet Technology”) entered into a loan agreement with Quiet Nacelle Corporation (“QNC”). In exchange for lending QNC $5 million, Quiet Technology took a…

2Cases cited6 opinions

  1. Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
  2. University of South Alabama v. American Tobacco Co.Court of Appeals for the Eleventh Circuit · 1999
  3. American Fire & Casualty Co. v. FinnSupreme Court of the United States · 1951
  4. Mitchell v. MaurerSupreme Court of the United States · 1934
  5. Taylor v. AppletonCourt of Appeals for the First Circuit · 1994

1 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Keith Stansell v. Revolutionary Armed Forces of Columbia, (FARC)Court of Appeals for the Eleventh Circuit · 2014
  2. Thomas J. Mahone v. Walter S. Ray, Garfield Hammond, Jr.Court of Appeals for the Eleventh Circuit · 2003
  3. Clingan v. Celtic Life InsuranceDistrict Court, M.D. Alabama · 2003
  4. Transit Homes of America v. Homes of Legend, Inc.District Court, N.D. Alabama · 2001
  5. Wilson v. ComanDistrict Court, M.D. Alabama · 2003

15 more not listed; retrieve them via the Exa API.

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