Noonan, Trustee v. Jones

U.S. Court of Appeals for the First Circuit

Noonan, Trustee v. Jones

Opinion

USCA1 Opinion









May 4, 1995
[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________


No. 94-2273

DAVID A. and CATHERINE M. JONES

Appellants.

v.

E. MARK NOONAN, TRUSTEE, ET AL.,

Appellees.


____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE


[Hon. Steven J. McAuliffe, U.S. District Judge] ___________________



____________________

Before

Torruella, Chief Judge, ___________
Selya and Boudin, Circuit Judges. ______________

____________________

David A. Jones on brief for appellants. ______________
Nancy H. Michels and Michels & Michels on brief for appellees. ________________ _________________


____________________

____________________



















Per Curiam. Appellants David and Catherine Jones appeal __________

the order of the United States Bankruptcy Court for the

District of New Hampshire, dated June 7, 1994, affirmed by

the district court, granting appellees relief, pursuant to 11

U.S.C. 362(d), from the automatic stay provision of the

Bankruptcy Code, in order that appellees might continue with

their attempt to evict appellants from property appellants

had leased in Gloucester, Massachusetts. Appellants failed

to seek a stay of this order pending appeal. See Fed. R. ___

Bank. P. 8005. Appellees thereupon obtained a writ of

execution from the Massachusetts housing court and appellants

were removed from the leased property on June 13, 1994. This

judgment, which is now final, is entitled to full faith and

credit before this court. See 28 U.S.C. 1738. Since we ___

can no longer provide any effective relief to appellants,

this case must be dismissed as moot. See In re Public _________ __ ____ ___ _____________

Service Co. of New Hampshire, 963 F.2d 469, 471-76 (1st Cir. _____________________________

1992) (case moot where failure to seek stay of bankruptcy

court order resulted "in circumstances were no effective

relief can be provided").




















Reference

Status
Published