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In re Wathen

United States Court of Appeals, Ninth Circuit
Jan 3, 2011
412 F. App'x 13 (9th Cir. 2011)

Opinion

Nos. 09-60043, 09-60044, 09-60045.

Submitted December 8, 2010.

The panel unanimously concludes this case is suitable for disposition without oral argument. See Fed.R.App.P. 34(a)(2).

Filed January 3, 2011.

Christopher P. Burke, Chris P. Burke Associates, George Haines, Esquire, Haines Krieger, LLC, Las Vegas, NV, for Debtor.

Marianne Gatti, Esquire, Senior Staff, Las Vegas, NV, for Appellee.

Rick A. Yarnall, pro se.

Appeal from the Ninth Circuit Bankruptcy Appellate Panel, Hollowell, Montali, and Jury, Bankruptcy Judges, Presiding. BAP Nos. 08-01340-MoJuH, 08-1332-MoJuH, 08-1335-MoJuH.

Before: REINHARDT, HAWKINS, and N.R. SMITH, Circuit Judges.



ORDER

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

The Ninth Circuit Bankruptcy Appellate Panel ("BAP") decided this case on October 5, 2009. On January 25, 2010, the bankruptcy courts dismissed the bankruptcies of Appellants Alex Wathen and Francisco Martinez for reasons unrelated to this appeal. This court lacks jurisdiction to decide appeals that become moot by the intervening dismissal of the underlying bankruptcy. See In re Pattullo, 271 F.3d 898, 901 (9th Cir. 2001). Accordingly, the appeals for Wathen and Martinez are DISMISSED.

Additionally, although Appellant Melissa Stine received ample notice of the proceedings before the BAP, she failed to appear and participate in the resolution of that appeal. Under In re Commercial W. Fin. Corp., 761 F.2d 1329, 1335 (9th Cir. 1985), an appellant lacks standing to challenge a decision rendered without her participation or objection, see id. ("attendance and objection" at the prior proceedings are "prerequisites" for standing to appeal). Accordingly, Ms. Stine's appeal is DISMISSED.


Summaries of

In re Wathen

United States Court of Appeals, Ninth Circuit
Jan 3, 2011
412 F. App'x 13 (9th Cir. 2011)
Case details for

In re Wathen

Case Details

Full title:In re Alex WATHEN, Debtor, Alex Wathen, Appellant, v. Rick A. Yarnall…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jan 3, 2011

Citations

412 F. App'x 13 (9th Cir. 2011)

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