MYERS v. US BANK NATIONAL ASSOCIATION (2019)

This appeal is dismissed. After the order on appeal was rendered on November 13, 2015, the appellant filed a bankruptcy petition creating case 15-26033 in the U.S. Bankruptcy Court, District of Maryland on November 18, 2015. The stay of any state court action relative to the order on appeal, see 11 U.S.C. § 362(a), lasted until the bankruptcy court rendered its September 28, 2018, “order entering judgment,” in which the appellant was denied a discharge in his Chapter 7 bankruptcy proceeding. See 11 U.S.C. § 362(c)(2)(C). As a result, the appellant had 30 days from the date of that order to file a notice of appeal addressing the order challenged in this case. See 11 U.S.C. § 108(c). The notice of appeal was filed untimely, on December 3, 2018, such that the appeal must be dismissed. See Fla. R. App. P. 9.110(b). To the extent that the bankruptcy stay was still in effect when the notice of appeal was filed, the notice was void, a circumstance that mandates dismissal. See Hewett v. Wells Farqo Bank, N.A., 197 So. 3d 1105 (Fla. 2d DCA 2016). Finally, to the extent that the aforementioned considerations do not apply, the order on appeal is a nonappealable nonfinal order; furthermore, as the order set the conditions for a stay of a foreclosure sale that was thereafter canceled, the appeal is moot.

The appellee's motion to dismiss, as amended, is denied as moot.

BY ORDER OF THE COURT:

MORRIS, ATKINSON, and SMITH, JJ., Concur.