Brook v. Mitchell (In Re Mitchell)

ORDER ON (1) TRUSTEE’S MOTION FOR SUMMARY JUDGMENT AND (2) DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

PAUL M. GLENN, Chief Judge.

THIS CASE came before the Court for hearing to consider (1) the Motion for Summary Judgment filed by V. John Brook, as Chapter 7 Trustee, and (2) the Motion for Summary Judgment filed by the Defendants, Bob Mark Mitchell and Michael Mitchell.

The Debtor (Rachel Mitchell) and the Defendants (Bob Mark Mitchell and Michael Mitchell) are the co-owners of certain real property (the Property) located in Sarasota County, Florida.

The Trustee commenced this adversary proceeding…