CASE NO. 1201703EE ADVERSARY NO. 1200091EE
FINAL JUDGMENT ON
MOTION FOR STAY PENDING APPEAL
THIS MATTER came before the Court on Wednesday, November 6, 2013, at 1:00 P.M. for hearing (Hearing) on the Motion for Stay Pending Appeal (Dkt. #107) (Motion) filed by the Debtor and the Edwards Family Partnership, L.P. and Beher Holdings Trust's Response to Motion for Stay Pending Appeal (Dk #107) (Dkt. #110) (Response).
At the November 6, 2013, Hearing, the Court heard oral arguments on the Motion and Response. After considering the Motion, Response and oral arguments and for reasons more fully explained in the Opinion which was stated orally and in open court, the Court finds the appeal for which Community Home Financial Services, Inc., seeks a stay is in a case assigned to U. S. District Court Judge Daniel P. Jordan, III, Case No. 3:13-cv-00633-DPJ-FKB. The final judgment from this Court which is on appeal to Judge Jordan is related to a case pending before U. S. District Court Judge Carlton W. Reeves, Case No. 3:12-cv-00252-CWR-LRA. The Court is of the opinion that because of the involvement of separate district judges, the determination of a stay pending appeal should be made by a district judge.
IT IS, THEREFORE, ORDERED AND ADJUDGED that the Motion for Stay Pending Appeal (Dkt. #107) should be, and hereby is, denied.
United States Bankruptcy Judge