Southerland v. Milam

ORDER ON APPEAL

KOVACHEVICH, District Judge.

This cause is before the Court on appeal from dismissal of Appellant’s Adversary Proceeding in the Bankruptcy Court below pursuant to 28 U.S.C. Section 158.

STANDARD OF REVIEW

This Court functions as an appellate court in reviewing a bankruptcy court’s decision. 28 U.S.C. § 158(a), (e). Findings of fact by the Bankruptcy Judge shall be upheld on appeal unless found to be clearly erroneous. Bankruptcy Rule 8013; In re Downtown Properties, Ltd., 794 F.2d 647 (11th Cir.1986). A finding of fact is clearly erroneous when, although there is evidence to…