TROY FOX CHAPTER BANKRUPTCY TRUSTEE v. MARLIN MORTGAGE CAPITAL LLC (2025)

ORDER REINSTATING APPEAL AND DISMISSING APPEAL WITH PREJUDICE

On June 26, 2025, the court of appeals issued an order dismissing this appeal given the applicability of the automatic bankruptcy stay. The dismissal was without prejudice to appellant's right to move for reinstatement upon either the lifting of the bankruptcy stay or final resolution of the bankruptcy proceedings. The remittitur issued on July 17, 2025, and this matter was transferred back to the supreme court.

Respondent has now filed a stipulation to dismiss this appeal with prejudice. The stipulation states that a settlement was reached in the bankruptcy proceedings requiring respondent to pay a sum of money to the bankruptcy trustee for the benefit of the bankruptcy estate and, in exchange, the trustee would substitute into this appeal. The trustee and respondent further agreed to dismiss this appeal with prejudice, with each party to bear its own fees and costs. The settlement was approved by order of the bankruptcy judge.

This court construes the stipulation as a joint motion to reinstate this appeal, to substitute the bankruptcy trustee as appellant, and to dismiss this appeal with prejudice. The motion is granted as follows. This appeal is hereby reinstated. The clerk of this court shall recall the remittitur, substitute Troy S. Fox, Chapter 7 Bankruptcy Trustee, as appellant in the place of appellant, and modify the caption on this appeal in conformity with the caption on this order.

The parties’ joint motion to dismiss this appeal is granted. This appeal is dismissed with prejudice. Each party shall bear their own costs and attorney fees.

It is so ORDERED.