Sunshine Staff Leasing, Inc. v. Earthmovers, Inc.

ORDER DISMISSING APPEAL AS MOOT

HODGES, District Judge.

This is an appeal from a declaratory judgment entered by the Bankruptcy court in and adversary proceeding commenced by the Debtor, Earthmovers, Inc. See In re Earthmovers, Inc., 199 B.R. 62 (M.D.Fla.Bankr.1996). I have concluded that the subject matter of the appeal is moot, and that the judgment appealed from should simply be vacated and the appeal dismissed as moot.

After commencement of the Chapter 11 proceedings in the Bankruptcy court, the Debtor, Earthmovers Inc., entered into an employee leasing agreement with Sunshine Staff Leasing,…