Alex Wathen v. Rick Yarnall
412 F. App'x 13
9th Cir.
2011
Check Treatment
Docket

In re Alex WATHEN, Debtor, Alex Wathen, Appellant, v. Rick A. Yarnall, Chapter 13 Trustee, Appellee,

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

United States Court of Appeals, Ninth Circuit

Filed Jan. 3, 2011.

Submitted Dec. 8, 2010.*

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

Haines & Krieger, LLC,

In re Francisco J. Martinez, Debtor,

Francisco J. Martinez, Appellant,

v.

Rick A. Yarnall, Chapter 13 Trustee, Appellee,

Haines & Krieger, LLC,

In re Melissa J. Stine, Debtor,

Melissa J. Stine, Appellant,

v.

Rick A. Yarnall, Appellee,

Haines & Krieger, LLC.

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.

ORDER**

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 . 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 , 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.

Notes

*
The panel unanimously concludes this case is suitable for disposition without oral argument. See Fed. R. App. P. 34(a)(2).
**
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.