Opinion
Case No. 6:01-Cv-1223-06-JGG, Bkrty Case No. 00-06627-6B1
January 22, 2003
ORDER AND NOTICE OF HEARING
This case came before the Court for hearing this date on the motion of the Appellant, United States of America, to Alter or Amend Order Affirming Bankruptcy Court Order (Doc. #23) on the ground that it was entered in error because the Government had perfected a second appeal of the underlying Bankruptcy Court Order before a different judge of this Court.
Present at said hearing was Carole Koehler Ide, on behalf of the United States, and R. Scott Shuker, counsel for Debtor, Ronald Nutt. Diane Peede was the official court reporter.
After consideration of argument of counsel, it is the opinion of this Court that the June 5, 2002, Order of Remand previously entered by this Court was not a final order and that the September 23, 2002 Order issued thereafter by the Bankruptcy Judge was properly returned to this Court for further consideration. Therefore, the Bankruptcy Court's Order was appropriately before this Court and it was proper for this Court to act upon it. However, because government counsel considered the Bankruptcy Court's Order of September 23, 2002, as invoking grounds for a new appeal, it did not act before the undersigned on the Bankruptcy Court Order.
It is further the opinion of this Court that this Court's December 3, 2002 Order entered on the Bankruptcy Court's Order following remand was premature in that counsel were not afforded a proper opportunity to be heard. Accordingly, it is
ORDERED that this Court's Order of December 3, 2002 Order (Doc. #22) affirming the August 2, 2001 Bankruptcy Court decision, as reaffirmed on September 23, 2002, is VACATED; and it is further
ORDERED that the undersigned will hear oral argument of counsel on the appeal of the Bankruptcy Court Order of September 23, 2002 (reaffirming it's earlier Order of August 29, 2001). Said hearing will be held at 10:00 a.m., Wednesday, February 26, 2003, in Courtroom #3, George C. Young United States Courthouse and Federal Building, 80 N. Hughey Avenue, Orlando, Florida.