Lenk v. Kunz

06-51130Court of Appeals for the Fifth CircuitJun 6, 2007

Full text

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this
opinion should not be published and is not precedent except under the limited
circumstances set forth in 5TH CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
June 6, 2007
Charles R. Fulbruge III
Clerk
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_______________________
No. 06-51130
Summary Calendar
_______________________
IN THE MATTER OF: ROBERT A. KUNZ,
Debtor.
CHRISTA C. LENK,
Appellant,
versus
ROBERT A. KUNZ,
Appellee.
On Appeal from the United States District Court
for the Western District of Texas, San Antonio
No. 5:05-CV-511
Before JONES, Chief Judge, and HIGGINBOTHAM and SMITH, Circuit
Judges.
PER CURIAM:*
Christa C. Lenk, Administratrix of the Estate of Ervin W.
Dryer, appeals the district court’s dismissal of her latest appeal
as moot. Lenk appealed the bankruptcy court’s second sanctions
order for filing a motion to disqualify the debtor’s attorney. The
district court correctly concluded that Lenk’s latest appeal, which

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raised issues that were decided in a prior appeal to the district
court, followed by dismissal of her appeal to this court, was
barred by the law of the case doctrine. See Alpha/Omega Ins.
Servs., Inc. v. Prudential Ins. Co. of America, 272 F.3d 276, 279
(5th Cir. 2001).
AFFIRMED.

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