Rosbottom v. Schiff et al

Filing 22

MEMORANDUM RULING re 14 Bankruptcy Appellant's Brief filed by Harold L Rosbottom, Jr. Signed by Judge S Maurice Hicks on 03/19/2015. (crt,McDonnell, D)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
SHREVEPORT DIVISION

HAROLD L. ROSBOTTOM, JR.

CIVIL ACTION NO. 14-3099

VERSUS

JUDGE S. MAURICE HICKS, JR.

GERALD H. SCHIFF, ET AL.

MAGISTRATE JUDGE HORNSBY

MEMORANDUM RULING
Before the Court is a Bankruptcy Appeal filed by Appellant Harold L. Rosbottom, Jr.
(“Rosbottom”). See Record Document 14. Rosbottom seeks to reverse a final order of the
bankruptcy court, issued and filed on June 30, 2014 and entered on the docket of the
record of Adversary Proceeding # 13-1021, on July 1, 2014. The final order dismissed the
appeal taken by Rosbottom of a judgment of the bankruptcy court, issued on Mach 31,
2014 and entered on the docket of the record of Adversary Proceeding # 13-1021 on April
1, 2014. This judgment was certified as a final judgment by the Rule 54(b) certification
issued and filed on April 2, 2014. The judgment related to the Vendome Property located
in Dallas, Texas.
On February 6, 2015, Gerald H. Schiff, the court-appointed Chapter 11 trustee
(“Trustee”), filed a statement with the Court regarding the pending bankruptcy appeal. See
Record Document 16. The statement advised the Court that Appellees do not oppose the
relief requested by Rosbottom. See id. Specifically, Appellees stated:
Appellant appealed the Vendome Judgment, but the appeal was
dismissed because of a late filed designation of the record on appeal, which
was also deficient in that Appellant did not order transcripts properly, list the
appropriate docket entries, etc. (Doubtless the designation by [A]ppellant will
always be deficient, but Appellees will provide a proper designation of record
so as to bring this matter before the Court properly.)

Appellees have reviewed the applicable case law and statutory basis
of the bankruptcy court’s judgment dismissing the Appellant’s appeal of the
Vendome Judgment and have determined not to oppose the relief requested
by Appellant—the reversal of the bankruptcy court’s dismissal of Appellant’s
appeal of the Vendome Judgment.
Appellees have determined that the best course of action is to allow
the appeal of the Vendome Judgment to go forward, and to brief that appeal
before this Court so that this Court can make a determination on the merits
of the Vendome Appeal. Appellees intend to reserve all rights regarding that
appeal (for example, the designation of record must be finalized and that
appeal has not been briefed).
Id. at 3.
Accordingly, this Court hereby GRANTS the instant bankruptcy appeal and
REVERSES the bankruptcy court’s dismissal of the appeal of the Vendome Judgment.
This matter is hereby REMANDED such that the appeal may be reinstated and new
deadlines set for designation of the record on appeal.1 The Clerk of Court is directed to
close this case.
IT IS SO ORDERED.
THUS DONE AND SIGNED, in Shreveport, Louisiana, this 19th day of March 2015.

1

Appellees have indicated that they will provide the designation of the record on

appeal.
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