Yormak v. Yormak
Filing
33
ORDER denying 31 Appellant Steven R. Yormak's Emergency Motion to Stay Bankruptcy Proceedings Pending Appeal. The Clerk of Court is DIRECTED to close the file. Signed by Judge Sheri Polster Chappell on 7/20/2017. (LMF)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
IN RE: BENJAMIN H. YORMAK
STEVEN R YORMAK,
Appellant,
v.
Case No: 2:17-cv-73-FtM-38
BENJAMIN H. YORMAK,
Appellee.
/
ORDER1
This matter comes before the Court on Appellant Steven R. Yormak’s Emergency
Motion to Stay Bankruptcy Proceedings Pending Appeal.
(Doc. 31).
Appellant is
appealing this Court decision to deny him an interlocutory appeal. (Doc. 29; Doc. 30).
The above-captioned case closed upon the Court denying the interlocutory appeal – there
is no pending bankruptcy appeal. What is more, even if the undersigned had authority to
stay the underlying bankruptcy proceedings pending the appeal, it would not exercise its
discretion to do so. That authority and discretion lies best with the Honorable Caryl E.
Delano, the bankruptcy judge hearing the underlying matter.
1
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not affect the opinion of the Court.
Accordingly, it is now
ORDERED:
(1) Appellant Steven R. Yormak’s Emergency Motion to Stay Bankruptcy
Proceedings Pending Appeal (Doc. 31) is DENIED.
(2) The Clerk of Court is DIRECTED to close the file.
DONE and ORDERED in Fort Myers, Florida this 20th day of July, 2017.
Copies:
The Honorable Caryl E. Delano
All Parties of Record
2
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