AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)

In re Patricia S. MOSELEY, a/k/a Patricia Moseley, d/b/a Sleepy's Radio, Debtor. UNITED STATES of America, Appellant, v. Patricia S. MOSELEY, a/k/a Patricia Moseley, d/b/a Sleepy's Radio, Appellee.

OPINION

PER CURIAM:

The trial court issued an order which partially denied an Internal Revenue Service tax claim against Patricia S. Moseley, a Chapter 13 debtor. In re Moseley, 74 B.R. 791 (C.Cal. 1987). While this appeal was pending, Moseley's petition was dismissed because she failed to make the payments required by her plan.

When events subsequent to the filing of an appeal divest an appellate court of the power to decide questions which affect the rights of parties, as here, the appeal is moot and nonjusticiable. Sosna v. Iowa, 419 U.S. 393, 402, 95 S.Ct. 553, 558, 42 L.Ed.2d 532 (1975); Aguirre v. S.S. Sohio, Intrepid, 801 F.2d 1185, 1189 (9th Cir. 1986). The general practice in such a case is to dismiss the appeal and vacate the order from which it arose. United States v. Munsingwear, 340 U.S. 36, 39, 71 S.Ct. 104, 106, 95 L.Ed. 36 (1950).

Appeal DISMISSED and order VACATED.

Use AI to get other relevant cases.

Comments

IN RE MOSELEY, (B.A.P. 9th Cir. 1989)
(Jul 24, 1989)