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Golf 255, Inc. v. Eggmann

June 8, 2007

GOLF 255, INC., DEBTOR, APPELLANT,
v.
ROBERT EGGMANN, TRUSTEE IN BANKRUPTCY FOR GOLF 255, INC., APPELLEE.



The opinion of the court was delivered by: Herndon, District Judge

ORDER

Before the Court is the appellee Chapter 11 Trustee in Bankruptcy's ("Trustee") Motion to Dismiss Appeal (Doc. 13). The reason a dismissal is sought is because previously in this matter, the Court, in its Order issued March 14, 2007 (Doc. 12), denied the Appellant's Emergency Motion to Stay (Doc. 1), approved of the sale of substantially all of the Debtor's assets (a golf course) and thereby rendered the appeal moot. Appellant has not responded to the Motion to Dismiss. Pursuant to 11 U.S.C. § 363(m), because a stay was not granted, there is nothing the Court could do to affect the validity of the sale. Therefore, the Court agrees with the Trustee that the purpose of the appeal is now moot and should therefore be dismissed. Accordingly, the Court GRANTS Appellee's Motion to Dismiss Appeal (Doc. 13). This matter is hereby DISMISSED WITH PREJUDICE.

IT IS SO ORDERED.

David R Herndon United States District Judge

20070608

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