Frees v. Gibney ( 1997 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 96-2202
In Re: MICHELE M. FREES, d/b/a From The Heart,
a/k/a Michele M. Fries,
Debtor - Appellee.
_________________________
MICHELE M. FREES, Individually and as Trustee,
Plaintiff - Appellee,
versus
JOHN GIBNEY,
Defendant - Appellant,
and
EDWARD GIBNEY; ELEANOR GIBNEY; STEPHEN SEGALL,
Defendants.
Appeal from the United States District Court for the Western Dis-
trict of North Carolina, at Asheville. Richard L. Voorhees, Chief
District Judge. (CA-93-275-1, BK-91-10359, AP-91-1490)
Submitted: October 10, 1997 Decided: October 28, 1997
Before HALL and HAMILTON, Circuit Judges, and PHILLIPS, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Albert Lee Sneed, Jr., VAN WINKLE, BUCK, WALL, STARNES & DAVIS,
P.A., Asheville, North Carolina, for Appellant. David G. Gray,
Jr., WESTALL, GRAY & CONNOLLY, Asheville, North Carolina, for
Appellees. Michele M. Frees, Flat Rock, North Carolina, Appellee
Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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PER CURIAM:
Appellant appeals the district court's orders (1) affirming
the bankruptcy court's order determining that Appellee was the
owner of certain property in the Virgin Islands and (2) denying his
motion for reconsideration. We have reviewed the record and the
district court's opinions and find no reversible error. According-
ly, we affirm substantially on the reasoning of the district court.
Frees v. Gibney (In re: Frees), Nos. CA-93-275-1; BK-91-10359
(W.D.N.C. Jan. 29, 1996; Aug. 15, 1996). To the extent that the
district court erred by applying North Carolina law to its analysis
of the validity of the conveyance at issue, we find any such error
harmless as our review of Virgin Islands law reveals that the same
result would have been reached. See V.I. Code Ann. tit. 28, § 42
(1997) (valid conveyance requires that deed be signed by grantor in
presence of two witnesses and notarized); Callwood v. Callwood, 158
F. Supp. 54, 56 (D.V.I. 1958) (holding that, although deed of par-
tition was not acknowledged or recorded at time of execution, the
validity of the conveyance as between the parties was unaffected).
We dispense with oral argument because the facts and legal conten-
tions are adequately presented in the materials before the court
and argument would not aid the decisional process. *
AFFIRMED
*
Appellee's motion to expedite is hereby denied.
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