Lynd v. Genmar Holdings, Inc. (In re Genmar Holdings, Inc.)

U.S. Court of Appeals for the Eighth Circuit December 19, 2011

Lynd v. Genmar Holdings, Inc. (In re Genmar Holdings, Inc.), 442 F. App'x 243 (8th Cir. 2011)

Opinion of the Court

[UNPUBLISHED]

PER CURIAM.

David Scot Lynd appeals from an order of the Bankruptcy Appellate Panel (BAP) dismissing his appeal for failure to prosecute because he did not pay the filing fee. In his opening brief submitted to this Court, Lynd does not mention the filing-fee issue, addressing instead the merits of his underlying bankruptcy-court claim. Issues not raised in an opening brief are deemed waived. See Jenkins v. Winter, 540 F.3d 742, 751 (8th Cir. 2008). Accordingly, we dismiss this appeal because Lynd has not articulated any reason why the BAP’s dismissal order was improper and thus has not presented this court with any question for decision. See Carter v. Lutheran Med. Ctr., 87 F.3d 1025, 1026 (8th Cir. 1996) (per curiam); Slack v. St. Louis Cnty. Gov’t, 919 F.2d 98, 99-100 (8th Cir. 1990) (per curiam).

Reference

Full Case Name: In re GENMAR HOLDINGS, INC. Carver Italia, LLC Carver Yachts International, LLC Genmar Minnesota, Inc. Carver Industries, LLC Genmar Florida, Inc. Genmar Industries, Inc. Genmar IP, LLC Genmar Manufacturing of Kansas, Inc. Genmar Michigan, LLC Genmar Tennessee, Inc., Formerly doing business as Stratos Boats, Inc., also known as Champion Boats, also known as Hydra Sport Boats Genmar Transportation, Inc. Genmar Yacht Group, LLC, Formerly doing business as Carver Boat Corporation LLC, also known as Carver Boats, also known as Marquis Boats Marine Media, LLC Minstar, LLC Triumph Boats, Inc., Triumph Boats Triumph Boat Rentals, LLC VEC Leasing Services, LLC VEC Management Co., LLC VEC Technology, Inc. Windsor Craft Yachts, LLC Wood Manufacturing Company, Inc., Debtors, David Scot Lynd v. Genmar Holdings, Inc. Carver Italia, LLC Carver Yachts International, LLC Genmar Minnesota, Inc. Carver Industries, LLC Genmar Florida, Inc. Genmar Industries, Inc. Genmar IP, LLC Genmar Manufacturing of Kansas, Inc. Genmar Michigan, LLC Genmar Tennessee, Inc. Genmar Transportation, Inc. Genmar Yacht Group, LLC Marine Media, LLC Minstar, LLC Triumph Boats, Inc. Triumph Boat Rentals, LLC VEC Leasing Services, LLC VEC Management Co., LLC VEC Technology, Inc. Windsor Craft Yachts, LLC Wood Manufacturing Company, Inc.
Status: Published