David Finnegan, et al v. DB Islamorada, LLC, No. 10-10780 (11th Cir. 2011)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED ________________________ U.S. COURT OF APPEALS No. 10-10780 ________________________ ELEVENTH CIRCUIT JAN 19, 2011 JOHN LEY CLERK D. C. Docket No. 1:09-cv-23171-AJ BKCY No. 07-20537-BKC-AJC In Re: DB ISLAMORADA, LLC, Debtor-in-Possession. ___________________________ DAVID FINNEGAN, WILLIAM P. KELLY, JR., Plaintiffs-Appellants, versus DB ISLAMORADA, LLC, Defendant-Appellee. ________________________ Appeal from the United States District Court for the Southern District of Florida _________________________ (January 19, 2011) Before BARKETT, MARCUS and FAY, Circuit Judges. PER CURIAM: This appeal involves a challenge to sanctions imposed by the Bankruptcy Court on David Finnegan (client) and William P. Kelly, Jr. (lawyer). We have studied the record and the briefs and have had the benefit of oral argument. The record simply fails to support the sanctions imposed on David Finnegan. On the other hand, there is ample evidence supporting the sanctions imposed upon William P. Kelly, Jr. The sanctions imposed upon David Finnegan are vacated; the sanctions imposed upon William P. Kelly, Jr. are affirmed. VACATED in part; AFFIRMED in part. 2

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