James Baumann v. PNC Bank, N.A., et al


Opinion issued by court as to Appellant James E. Baumann. Decision: Dismissed. Opinion type: Non-Published. Opinion method: Per Curiam. The opinion is also available through the Court's Opinions page at this link http://www.ca11.uscourts.gov/opinions.

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Case: 16-15906 Date Filed: 07/19/2017 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 16-15906 Non-Argument Calendar ________________________ D.C. Docket No. 6:15-cv-02129-RBD, Bkcy No. 6:14-bkc-03297-ABB In Re: JAMES E. BAUMANN, Debtor. __________________________________________________________________ JAMES E. BAUMANN, Plaintiff-Appellant, versus PNC BANK, N.A., BANK OF AMERICA, N.A., Defendants-Appellees. ________________________ Appeal from the United States District Court for the Middle District of Florida ________________________ (July 19, 2017) Case: 16-15906 Date Filed: 07/19/2017 Page: 2 of 2 Before MARCUS, MARTIN, and EDMONDSON, Circuit Judges. PER CURIAM: James Baumann, a Chapter 13 debtor proceeding pro se, appeals the district court’s affirmance of the bankruptcy court’s final orders, confirming Baumann’s Chapter 13 plan and denying Baumann’s motion for reconsideration. Briefly stated, Baumann contends that the bankruptcy court modified impermissibly the terms of his Chapter 13 plan when it issued the amended confirmation order. After the close of briefing in this appeal, Baumann dismissed voluntarily his Chapter 13 case in the bankruptcy court. Because the issues raised on appeal involve the terms of Baumann’s Chapter 13 plan, this appeal is rendered moot (no controversy remains) by Baumann’s voluntary dismissal of his bankruptcy case. See Neidich v. Salas, 783 F.3d 1215 (11th Cir. 2015) (concluding that “the dismissal of a Chapter 13 case moots an appeal arising from the debtor’s bankruptcy proceedings.”). We dismiss this appeal as moot. DISMISSED. 2

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