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

Filing

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.

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[DO NOT PUBLISH]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
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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.
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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.

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