Barry Mukamal v. Raziel Ofer
Barry Mukamal v. Raziel Ofer
Opinion
USCA11 Case: 24-13955 Document: 34-1 Date Filed: 08/13/2025 Page: 1 of 4
[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit
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No. 24-13955 Non-Argument Calendar ____________________
BARRY E. MUKAMAL, solely in his capacity as Plan Administrator of the 942 Penn RR, LLC Post-confirmation Bankruptcy Estate, Plaintiff-Appellee, versus RAZIEL OFER,
Defendant-Cross Claimant-Appellant,
RAFAEL ROBERTO MENDEZ, et al., USCA11 Case: 24-13955 Document: 34-1 Date Filed: 08/13/2025 Page: 2 of 4
2 Opinion of the Court 24-13955
Defendants,
CASA FINANCIAL HOLDINGS LLC, ZODIAC CAPITAL LLC, DREXEL FINANCIAL LLC, RONIEL RODRIGUEZ IV, PA, AJAR HOLDINGS, LLC,
Cross Defendants-Appellees.
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Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 1:24-cv-22803-BB ____________________
Before ROSENBAUM, NEWSOM, and ABUDU, Circuit Judges. PER CURIAM: In May 2022, 942 Penn RR, LLC , a company in which Raziel Ofer and Robert Mendez each held 50% interests, filed for bank- ruptcy. Barry E. Mukamal was appointed as the trustee. In 2024, pursuant to the bankruptcy court’s order, Mukamal filed an inter- pleader action in state court to resolve several parties’ claims to ex- cess funds in the bankruptcy estate. USCA11 Case: 24-13955 Document: 34-1 Date Filed: 08/13/2025 Page: 3 of 4
24-13955 Opinion of the Court 3
Ofer, proceeding pro se, removed the interpleader action to the district court. The district court remanded the action on Au- gust 23, 2024. Ofer appealed the remand order, creating appeal number 24-13048, which is pending. On November 21, 2024, the district court entered an order denying reconsideration of the re- mand. Ofer filed a second notice of appeal, designating both or- ders, which created this appeal. A jurisdictional question asked the parties to address whether Ofer can appeal from either of those orders. In their re- sponses, the appellees brought to our attention that Mendez has removed the interpleader action again. The district court has stayed the action pending Ofer’s first appeal. Our jurisdiction is limited to “cases” and “controversies,” which requires, inter alia, that the issue or issues not be moot. Christian Coal. of Fla., Inc. v. United States, 662 F.3d 1182, 1189 (11th Cir. 2011). “An issue is moot when it no longer presents a live con- troversy with respect to which the court can give meaningful re- lief.” Zinni v. ER Solutions, Inc., 692 F.3d 1162, 1166 (11th Cir. 2012) (quotation marks omitted). This appeal is moot. Because Mendez has removed the in- terpleader action back to the district court, we can no longer grant Ofer effective relief from the August 23 remand order or the No- vember 21 order refusing to reconsider the remand. See id.; Brooks v. Ga. State Bd. of Elections, 59 F.3d 1114, 1119 (11th Cir. 1995) (ex- plaining that an appeal can become moot via intervening events). USCA11 Case: 24-13955 Document: 34-1 Date Filed: 08/13/2025 Page: 4 of 4
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Accordingly, this appeal is DISMISSED for lack of jurisdic- tion. All pending motions are DENIED as moot.
Reference
- Status
- Unpublished