In Re Ben W. Allustiarte and Linda M. Allustiarte, Debtors.ben W. Allustiarte Linda M. Allustiarte, Gregory R.allustiarte, Et. Al., Appellants, v. W. Austin Cooper, Trustee Allustiarte Estates, Appellee, 892 F.2d 1045 (9th Cir. 1989)Annotate this Case
Submitted Oct. 6, 1989. *Decided Dec. 14, 1989
Before NELSON, BOOCHEVER, and TROTT, Circuit Judges.
In this bankruptcy proceeding, appellants Ben W. Allustiarte and Linda M. Allustiarte appeal the following district court decisions: No. 88-15367--the district court's denial of appellants' motion in opposition to the appointment of a listing agent to market three Solano County ranches that form the major portion of appellants' estate; No. 87-2927--the district court's denial of appellants' motion for a stay pending appeal of the above order; No. 87-15172--the district court's order expunging certain lis pendens on the ranches which were recorded by appellants. We have jurisdiction pursuant to 28 U.S.C. § 1291. We dismiss because all cases have become moot.
An issue becomes moot when an appellate court is powerless to grant the relief requested by the appellant. Onouli-Kona Land Co. v. Estate of Hubert F. Richards (In re Onouli-Kona Land Co.), 846 F.2d 1170, 1172 (9th Cir. (1988); Worcester v. Rosner (In re Worcester), 811 F.2d 1224, 1128 (9th Cir. 1987); Alegran, Inc. v. Advance Ross Corp., 759 F.2d 1421, 1424 (9th Cir. 1985). The issues on appeal are moot because the three Solano County ranches in question, Muzzy Ranch, Shipp Ranch, and Storm Ranch already have been sold.