Suncoast Credit Union vs. James Carlyle VanOrden, et al

Filing 14

ORDER: The Clerk is directed to REMAND this case to the United States Bankruptcy Court, Middle District of Florida, Tampa Division for further proceedings and findings consistent with Bank of America, N.A. v. Caulkett, 135 S. Ct. 1995, 192 L. Ed. 2d 52 (2015). The Clerk shall provide the Bankruptcy Court with a copy of this Order. Signed by Judge James S. Moody, Jr on 12/22/2015. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

SUNCOAST CREDIT UNION,
Appellant,
v.

Case No: 8:14-cv-2092-T-30

JAMES CARLYLE VANORDEN and
EMILY GINN VANORDEN,
Appellees.

ORDER
THIS CAUSE is before the Court by order of the United States Court of Appeals
for the Eleventh Circuit (Dkt. 13) vacating this Court’s December 29, 2014 order that had
affirmed the Bankruptcy Court’s final judgment based on the Eleventh Circuit’s prior
precedent (Dkt. 9). The Eleventh Circuit remanded this case for further proceedings in light
of the Supreme Court’s recent decision in Bank of America, N.A. v. Caulkett, 135 S. Ct.
1995, 192 L. Ed. 2d 52 (2015). It is therefore
ORDERED AND ADJUDGED that:
1.

The Clerk REMAND this case to the United States Bankruptcy Court,
Middle District of Florida, Tampa Division for further proceedings and
findings consistent with Bank of America, N.A. v. Caulkett, 135 S. Ct. 1995,
192 L. Ed. 2d 52 (2015).

2.

The Clerk shall provide the Bankruptcy Court with a copy of this Order.

DONE and ORDERED in Tampa, Florida, this 22nd day of December, 2015.

Copies furnished to:
Counsel/Parties of Record
Bankruptcy Court Clerk
S:\Odd\2014\14-cv-2092 Remand to BK.docx

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