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

Disclaimer: Documents filed in CM/ECF may contain hyperlinks to other documents or
websites. These hyperlinks are provided only for users’ convenience. Users are
cautioned that hyperlinked documents in CM/ECF are subject to PACER fees. By
allowing hyperlinks to other websites, this Court does not endorse, recommend, approve,
or guarantee any third parties or the services or products they provide on their websites.
Likewise, the Court has no agreements with any of these third parties or their websites.
The Court accepts no responsibility for the availability or functionality of any hyperlink.
Thus, the fact that a hyperlink ceases to work or directs the user to some other site does
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