Opinion
CASE NO. 07-00348-5-ATS, ADVERSARY PROCEEDING NO. S-07-00074-5-AP.
April 22, 2008
ORDER DENYING MOTION TO ALTER OR AMEND JUDGMENT
The matter before the court is the motion filed on December 31, 2007, by the defendant, Joan D. Puls, for a new trial or alternatively, to alter or amend judgment. A hearing took place in Raleigh, North Carolina on April 16, 2008.
Ms. Puls seeks relief from an order entered on December 21, 2007, allowing summary judgment in favor of SunTrust Mortgage, Inc., and from the judgment in favor of SunTrust also entered on that date. For the reasons set forth in the Order Determining Property to Have Been Abandoned and Denying Motion for Relief from Order entered on this date in the underlying bankruptcy case of the debtor, Cathy Allen Gunter, Case No. 07-00348-5-ATS, the motion is DENIED.
Shortly after filing her motion, Ms. Puls also filed a notice of appeal of the order and judgment, but that appeal was premature and is ineffective pursuant to Rule 8002(b) of the Federal Rules of Bankruptcy Procedure until disposition of the instant motion.