Peoples Bank of North AL v. Saiia Construction, No. 06-14159 (11th Cir. 2007)

 Annotate this Case
Download PDF
[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT No. 06-14159 ________________________ MAY 21, 2007 THOMAS K. KAHN CLERK D. C. Docket No. 05-02623-CV-5-JFG BKCY No. 05-83025-JAC-11 IN RE: B&M PROPERTIES, LLC, Debtor. _________________________________________________ PEOPLES BANK OF NORTH ALABAMA, Plaintiff-Appellee, versus SAIIA CONSTRUCTION, LLC, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Northern District of Alabama _________________________ (May 21, 2007) Before EDMONDSON, Chief Judge, HULL, Circuit Judge, and FORRESTER,* District Judge. PER CURIAM: After review and oral argument, the Court reverses and vacates the district court s orders (and contemporaneous memorandum opinions) dated June 5, 2006 and July 24, 2006 in their entirety, and remands this case to the district court with instructions that the district court: (1) dismiss Peoples Bank of North America s appeal in Bankruptcy Case No. 05-83025 (also designated as Civil Action No. 05G-2623-NE in the district court) for lack of jurisdiction and (2) remand Bankruptcy Case No. 05-83025 to the bankruptcy court for further proceedings in the bankruptcy court. Specifically, this Court concludes that the district court lacked jurisdiction over the above appeal, which sought to appeal the bankruptcy court s orders dated October 19, 2005 and November 16, 2005 in Bankruptcy Case No. 05-83025; therefore, the district court s June 5, 2006 and July 24, 2006 orders ruling on the appeal of those bankruptcy court orders are hereby vacated in their entirety. REVERSED, VACATED, AND REMANDED WITH INSTRUCTIONS. * Honorable J. Owen Forrester, United States District Judge for the Northern District of Georgia, sitting by designation. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.