Robert Walker v. Barry S. Mittleberg ( 2022 )


Menu:
  • USCA11 Case: 21-10205    Date Filed: 10/25/2022   Page: 1 of 3
    [DO NOT PUBLISH]
    In the
    United States Court of Appeals
    For the Eleventh Circuit
    ____________________
    No. 21-10205
    Non-Argument Calendar
    ____________________
    In Re: ROBERT L. WALKER,
    TAMIKO N. PEELE,
    Debtors.
    ___________________________________________________
    ROBERT WALKER,
    TAMIKO N. PEELE,
    Plaintiffs-Appellants,
    versus
    BARRY S. MITTELBERG,
    BARRY S. MITTELBERG, PA,
    USCA11 Case: 21-10205         Date Filed: 10/25/2022    Page: 2 of 3
    2                      Opinion of the Court                 21-10205
    Defendants-Appellees.
    ____________________
    Appeals from the United States District Court
    for the Southern District of Florida
    D.C. Docket No. 9:20-cv-81366-WPD
    ____________________
    Before JORDAN, NEWSOM, and LAGOA, Circuit Judges.
    PER CURIAM:
    Robert Walker and Tamiko Peele, Chapter 13 debtors pro-
    ceeding pro se, appeal the district court’s order affirming the bank-
    ruptcy court’s orders granting Barry Mittelberg’s motions to allow
    a late-filed claim and for relief from a stay. Their notices of appeal
    indicate that they also seek to challenge the district court’s orders
    granting various filing extensions.
    After Walker and Peale filed this appeal, the bankruptcy
    court dismissed their Chapter 13 case. We recently dismissed their
    separate appeal of the district court’s denial of their motion to re-
    consider that Chapter 13 case’s dismissal. Walker v. U.S. Bank
    Nat’l Ass’n, No. 21-13937, 
    2022 WL 5237915
    , at *1 (11th Cir. Oct.
    6, 2022). We also recently affirmed the district court’s denial of a
    temporary injunction against their attorneys in the bankruptcy pro-
    ceeding. In re Walker, No. 21-12114, 
    2022 WL 4477259
    , at *1 (11th
    Cir. Sept. 27, 2022).
    USCA11 Case: 21-10205            Date Filed: 10/25/2022        Page: 3 of 3
    21-10205                  Opinion of the Court                              3
    We now deny as moot 1 Walker and Peale’s appeal of orders
    related to Mittelberg—Walker’s attorney in a previous personal-in-
    jury case. As we explained in our earlier decision, we lack jurisdic-
    tion if a case is moot—for example, because the dismissal of a Chap-
    ter 13 case makes it impossible to grant the prevailing party any
    effectual relief. 
    Id.
     at *1 (citing Neidich v. Salas, 
    783 F.3d 1215
    , 1216
    (11th Cir. 2015)). We can provide relief on collateral matters, but
    we can’t change the completed bankruptcy plan. 
    Id.
    Here, this appeal is moot because the district court order
    that Walker and Peale challenge relates to Mittelberg’s claim in the
    bankruptcy plan—it doesn’t concern a collateral matter. To the
    extent any of the various grievances and requests for relief that
    Walker and Peele raise on appeal are collateral matters, those ar-
    guments and requests for relief are outside the scope of this ap-
    peal. 2
    DISMISSED AS MOOT.
    1 We review jurisdictional issues de novo and can consider jurisdiction sua
    sponte. In re Donovan, 
    532 F.3d 1134
    , 1136 (11th Cir. 2008).
    2 Walker and Peele also move for fees and costs and for judicial notice of re-
    lated proceedings. We conclude that granting that relief would be inappropri-
    ate here. Accordingly, we deny those motions as moot.
    

Document Info

Docket Number: 21-10205

Filed Date: 10/25/2022

Precedential Status: Non-Precedential

Modified Date: 10/25/2022