David Lynd v. Genmar Holdings, Inc., et al

Filing

PER CURIAM OPINION FILED - THE COURT: MICHAEL J. MELLOY, PASCO M. BOWMAN and BOBBY E. SHEPHERD (UNPUBLISHED) [3860572] [11-1608]

United States Court of Appeals
FOR THE EIGHTH CIRCUIT

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No. 11-1608
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In re: Genmar Holdings, Inc.; Carver
Italia, LLC; Carver Yachts
International, LLC; Genmar
Minnesota, Inc.; Carver Industries,
LLC; Genmar Florida, Inc.; Genmar
Industries, Inc.; Genmar IP, LLC;
Genmar Manufacturing of Kansas, Inc.;
Genmar Michigan, LLC; Genmar
Tennessee, Inc., Formerly doing
business as Stratos Boats, Inc., also
known as Champion Boats, also
known as Hydra Sport Boats; Genmar
Transportation, Inc.; Genmar Yacht
Group, LLC, Formerly doing business
as Carver Boat Corporation LLC, also
known as Carver Boats, also known as
Marquis Boats; Marine Media, LLC;
Minstar, LLC; Triumph Boats, Inc.,
Triumph Boats; Triumph Boat Rentals,
LLC; VEC Leasing Services, LLC;
VEC Management Co., LLC; VEC
Technology, Inc.; Windsor Craft
Yachts, LLC; Wood Manufacturing
Company, Inc.,
Debtors,
--------------------------------David Scot Lynd,
Appellant,

Appellate Case: 11-1608

Page: 1

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Appeal from the
Bankruptcy Appellate Panel
for the Eighth Circuit.
[UNPUBLISHED]

Date Filed: 12/19/2011 Entry ID: 3860572

v.

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Genmar Holdings, Inc.; Carver Italia,
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LLC; Carver Yachts International,
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LLC; Genmar Minnesota, Inc.;
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Carver Industries, LLC; Genmar
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Florida, Inc.; Genmar Industries, Inc.; *
Genmar IP, LLC; Genmar
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Manufacturing of Kansas, Inc.; Genmar *
Michigan, LLC; Genmar Tennessee,
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Inc.; Genmar Transportation, Inc.;
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Genmar Yacht Group, LLC; Marine
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Media, LLC; Minstar, LLC; Triumph *
Boats, Inc.; Triumph Boat Rentals,
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LLC; VEC Leasing Services, LLC;
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VEC Management Co., LLC; VEC
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Technology, Inc.; Windsor Craft
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Yachts, LLC; Wood Manufacturing
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Company, Inc.,
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Appellees.
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Submitted: December 7, 2011
Filed: December 19, 2011
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Before MELLOY, BOWMAN, and SHEPHERD, Circuit Judges.
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PER CURIAM.
David Scot Lynd appeals from an order of the Bankruptcy Appellate Panel
(BAP) dismissing his appeal for failure to prosecute because he did not pay the filing
fee. In his opening brief submitted to this Court, Lynd does not mention the filing-fee
issue, addressing instead the merits of his underlying bankruptcy-court claim. Issues

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Appellate Case: 11-1608

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Date Filed: 12/19/2011 Entry ID: 3860572

not raised in an opening brief are deemed waived. See Jenkins v. Winter, 540 F.3d
742, 751 (8th Cir. 2008). Accordingly, we dismiss this appeal because Lynd has not
articulated any reason why the BAP’s dismissal order was improper and thus has not
presented this court with any question for decision. See Carter v. Lutheran Med. Ctr.,
87 F.3d 1025, 1026 (8th Cir. 1996) (per curiam); Slack v. St. Louis Cnty. Gov’t, 919
F.2d 98, 99–100 (8th Cir. 1990) (per curiam).
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Appellate Case: 11-1608

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Date Filed: 12/19/2011 Entry ID: 3860572