Wymer v. Wymer (In Re Wymer)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION AND ORDER
Before KATZ, GEORGE and HUGHES, Bankruptcy Judges. HUGHES, Bankruptcy Judge.
Appellant has obtained two orders from this panel, the first specifically staying an execution sale scheduled for the following day and the second generally staying enforcement of the judgment pending appeal. Having reexamined the record and reviewed applicable law, we conclude that by granting the second stay the panel departed from fundamental principles of appellate review and unnecessarily assumed responsibilities that ordinarily are reserved to the trial court.
Accordingly, we now vacate that…
2Cases cited17 opinions
- Poplar Grove Planting and Refining Co., Inc. v. Bache Halsey Stuart, Inc.Court of Appeals for the Fifth Circuit · 1979
- Hovey v. McDonaldSupreme Court of the United States · 1883
- People Ex Rel. San Francisco Bay Conservation & Development Commission v. Town of EmeryvilleCalifornia Supreme Court · 1968
- J. W. Schwartz, Individually and as Commanding General of the United States Army, Letterman General Hospital v. Napoleon CovingtonCourt of Appeals for the Ninth Circuit · 1965
- C. Albert Sauter Co., Inc. v. Richard S. Sauter Co., Inc.District Court, E.D. Pennsylvania · 1973
12 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Ohanian v. Irwin (In Re Irwin)District Court, E.D. California · 2006
- Hartigan v. Pine Lake Village Apartment Co. (In Re Pine Lake Village Apartment Co.)District Court, S.D. New York · 1982
- Dynamic Finance Corp. v. Chapter 11 Trustee Richard Kipperman (In Re North Plaza, LLC)District Court, S.D. California · 2008
- Farmer v. Crocker National Bank (In Re Swift Aire Lines, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1982
- In Re Westwood Plaza Apartments, Ltd.United States Bankruptcy Court, E.D. Texas · 1993
27 more not listed; retrieve them via the Exa API.