Club at Shores of Panama, Inc., et al. v. Federal Deposit Insurance Corporation, et al.

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 15-11535
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D.C. Docket No. 5:14-cv-00042-RS-EMT
Bkcy No. 08-bkc-50066-KKS
CLUB AT SHORES OF PANAMA, INC., et al.,
Plaintiffs - Appellants,
versus
FEDERAL DEPOSIT INSURANCE CORPORATION, et al.,
Defendants - Appellees.
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Appeal from the United States District Court
for the Northern District of Florida
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(November 23, 2015)
Before ROSENBAUM, JULIE CARNES and DUBINA, Circuit Judges.
PER CURIAM:
On March 6, 2009, the bankruptcy court in this matter exercised its authority
under 28 U.S.C. § 157(b) to enter an order approving the sale of a debtor’s
property “free and clear” of interests and claims in the property, including
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easements held by Appellants. Four-and-a-half years later, Appellants filed a Rule
60(b) motion in the bankruptcy court requesting relief from that order. Appellants
asked the bankruptcy court to acknowledge that the 2009 order did not, in fact,
extinguish their easements. The bankruptcy court denied Appellants’ Rule 60(b)
motion.
Appellants appealed the bankruptcy court’s order to the district court. They
argued that the bankruptcy court erred on the merits of their motion and that it
erred in failing to hold an evidentiary hearing prior to ruling on their motion. The
district court, however, affirmed the bankruptcy court’s order and entered
judgment against Appellants accordingly. Appellants requested a rehearing on
their appeal, but the district court denied the motion. Appellants now appeal the
district court’s judgment affirming the bankruptcy court’s order denying their Rule
60(b) motion without holding an evidentiary hearing. Appellants also appeal the
district court’s order denying their motion for rehearing.
For the reasons expressed in the district court’s well-reasoned opinions
below, we affirm the entry of final judgment against Appellants.
AFFIRMED.
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