Centriz of N America v. Mendez-Penate, et a

U.S. Court of Appeals for the Fifth Circuit

Centriz of N America v. Mendez-Penate, et a

Opinion

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________

Nos. 95-20133 95-20135 (consolidated) __________________

IN THE MATTER OF: CENTRIZ OF NORTH AMERICA, INC., Debtor,

JUAN E. JOCHAMOWITZ and LUIS BLOMBERG, Appellants,

versus

CARLOS E. MENDEZ-PENATE and HOLLAND & KNIGHT, Appellees.

__________________________________________

Appeal from the United States District Court for the Southern District of Texas (CA-L-95-001) __________________________________________ December 12, 1995

Before GARWOOD, SMITH and DENNIS, Circuit Judges.*

PER CURIAM:

We decline to reexamine our June 15, 1995 order dismissing the

appeal of Centriz of North America. It is essentially undisputed

Local Rule 47.5 provides: “The publication of opinions that have no precedential value and merely decide particular cases on the basis of well-settled principles of law imposes needless expense on the public and burdens on the legal profession.” Pursuant to that Rule, the Court has determined that this opinion should not be published. that the bankruptcy court did not disqualify attorney Besing as

counsel for appellants Juan E. Jochamowitz and Luis Blomberg;

therefore, the district court erred in holding that they did not

give timely notice of appeal from the bankruptcy court’s judgment

and in dismissing their appeals for that reason. Accordingly, the

judgment of the district court dismissing, for want of timely

notice of appeal, the appeals of Jochamowitz and Blomberg is

reversed and the cause as to Jochamowitz and Blomberg is remanded

to the district court for further proceedings consistent herein.

REVERSED AND REMANDED.

2

Reference

Status
Unpublished