SCOTT v. MORRER (2017)

District Court of Appeal of Florida, Second District.

Frances Jane Moorer SCOTT, et al., Appellant/Petitioner(s), v. Seale A. MORRER, Jr., et al., Appellee/Respondent(s).

CASE NO.: 2D17–2700

Decided: October 27, 2017

Because the appellant is an intervenor or an attempted intervenor in the trial court and the appellant in this appeal, there appears to be no “action or other proceeding against the debtor,” 11 U.S.C. § 362(a)(1) (2010). As such, this court concludes that the statutory bankruptcy stay, id., does not apply to the appellant. See In re Kozich, 406 B.R. 949, 953 (S.D. Fla. 2009). The appellees' motion to dismiss is granted. This appeal is dismissed as untimely filed. See Fla. R. App. P. 9.170(a), 9.110(b), 9.130(b). The appellant's motion to stay is denied as moot.

BY ORDER OF THE COURT:

CASANUEVA, KHOUZAM, and SALARIO, JJ., Concur.

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