KATZ v. ACT FAMILY PARTNERSHIP (2019)

District Court of Appeal of Florida, Second District.

Christina H. KATZ a/k/a Christina Hester, Appellant/Petitioner(s), v. ACT FAMILY PARTNERSHIP, L.P., et al., Appellee/Respondent(s).

CASE NO.: 2D18-3825

Decided: July 16, 2019

In light of the appellant's response to this court's order to show cause, this appeal is dismissed.

The cross-appeal is also dismissed because the bankruptcy stay applies in favor of the debtor irrespective of the debtor's position in the appeal (the appellant debtor would become the appellee upon dismissal of the main appeal). See Inqersoll-Rand Financial Corp. v. Miller Min. Co., Inc., 817 F.2d 1424, 1426 (9th Cir. 1987); Crowe Grp. Inc. v. Garner. 691 So. 2d 1089, 1089 (Fla. 2d DCA 1993) (“[T]he determination of whether a case on appeal is stayed depends upon its inception, with the stay applying against proceedings originally brought against the debtor regardless of whether the debtor is the appellant or the appellee in appellate proceedings.”).

The appellant's motion for extension of time is denied as moot.

BY ORDER OF THE COURT:

CASANUEVA, SLEET, and SMITH, JJ., Concur.

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