Compucredit Holdings Corporation v. Akanthos Capital Management, LLC

U.S. Court of Appeals for the Eleventh Circuit October 19, 2012

Compucredit Holdings Corporation v. Akanthos Capital Management, LLC, 698 F.3d 1348 (11th Cir. 2012)

2012 WL 5057783; 2012 U.S. App. LEXIS 21909

Dubina, Tjoflat, Carnes, Barkett, Hull, Marcus, Wilson, Pryor, Martin, Jordan

Opinion

ON PETITION FOR REHEARING

Before DUBINA, Chief Judge, and TJOFLAT, CARNES, BARKETT, HULL, MARCUS, WILSON, PRYOR, MARTIN and JORDAN, Circuit Judges. BY THE COURT:

The decision of the district court is affirmed by an evenly divided court. The opinion of the panel remains vacated. United, States v. Geders, 585 F.2d 1303, 1306 (5th Cir. 1978) (en banc) (“[T]he court en banc is evenly divided; therefore the judgment ... of the district court is affirmed by operation of law.”); 1 see id. (indicating that, if district court judgment is affirmed by operation of law, the panel opinion remains vacated); see also Reshard v. Britt, 839 F.2d 1499 (11th Cir. 1988); United States v. Sigma, Int'l, Inc., 300 F.3d 1278, 1280 (11th Cir. 2002) (en banc) (noting that when panel opinions are vacated they “are officially gone,” and “are void,” and none of the statements made in them “has any remaining force and cannot be considered to express the view of this Court.”).

AFFIRMED.

. In Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir. 1981) (en banc), we adopted as binding precedent all decisions of the former Fifth Circuit handed down before October 1, 1981.

Reference

Full Case Name: COMPUCREDIT HOLDINGS CORPORATION, Plaintiff-Appellant, v. AKANTHOS CAPITAL MANAGEMENT, LLC, Aria Opportunity Fund Ltd., AQR Absolute Return Master Account, L.P., CC Arbitrage, Ltd., CNH CA Master Account, L.P., Et Al., Defendants-Appellees
Cited By: 3 cases
Status: Published