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  • MR Crescent City, LLC v. TJ Biscayne Holdings LLC, 4th Cir. (2013)

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    The United States Court of Appeals for the Fourth Circuit affirmed in part and dismissed in part an appeal from a district court order. The district court had affirmed a bankruptcy court order finding Stuart C. Neil Fisher and several codefendants jointly and severally liable for $181,221.73 in attorneys' fees and costs awarded to opposing parties. The appeals of two LLC defendants were dismissed because LLCs must be represented by counsel to appear in federal court. The court affirmed the district court's judgment as it pertained to Fisher, finding no reversible error.

    Original Description:

    Filed: 2013-03-28 Precedential Status: Non-Precedential Docket: 12-1432

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    The United States Court of Appeals for the Fourth Circuit affirmed in part and dismissed in part an appeal from a district court order. The district court had affirmed a bankruptcy court order finding Stuart C. Neil Fisher and several codefendants jointly and severally liable for $181,221.73 in attorneys' fees and costs awarded to opposing parties. The appeals of two LLC defendants were dismissed because LLCs must be represented by counsel to appear in federal court. The court affirmed the district court's judgment as it pertained to Fisher, finding no reversible error.

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    MR Crescent City, LLC v. TJ Biscayne Holdings LLC, 4th Cir. (2013)

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    The United States Court of Appeals for the Fourth Circuit affirmed in part and dismissed in part an appeal from a district court order. The district court had affirmed a bankruptcy court order finding Stuart C. Neil Fisher and several codefendants jointly and severally liable for $181,221.73 in attorneys' fees and costs awarded to opposing parties. The appeals of two LLC defendants were dismissed because LLCs must be represented by counsel to appear in federal court. The court affirmed the district court's judgment as it pertained to Fisher, finding no reversible error.

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    of 4

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 12-1432

    MR CRESCENT CITY, LLC; MCCRARY CRESCENT CITY, LLC; MICHAEL


    C. MCCRARY,
    Plaintiffs - Appellees,
    v.
    TJ BISCAYNE HOLDINGS LLC; MARKET
    BEACH, LLC; STUART C. FISHER,

    STREET

    PROPERTIES

    PALM

    Defendants Appellants,
    and
    EDWARD V. GIANNASCA, II; GIANNASCA CRESCENT
    CRESCENT CITY ESTATES, LLC; TAMARA J. FISHER,

    CITY

    LLC,

    Defendants.

    Appeal from the United States District Court for the District of
    Maryland, at Baltimore.
    Marvin J. Garbis, Senior District
    Judge. (1:11-cv-01039-MJG)

    Submitted:

    March 21, 2013

    Decided:

    March 28, 2013

    Before WILKINSON, NIEMEYER, and AGEE, Circuit Judges.

    Affirmed in part, dismissed in part by unpublished per curiam


    opinion.

    Stuart C. Neil Fisher, Appellant Pro Se.


    Kenneth B. Frank,
    MURPHY, FALCON & MURPHY, Baltimore, Maryland, for Appellees.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Stuart

    C.

    Neil

    Fisher

    appeals

    the

    district

    courts

    order affirming the bankruptcy courts order finding Fisher and


    several of his codefendants in the bankruptcy suit jointly and
    severally responsible for $181,221.73 in costs and attorneys
    fees, which it awarded to the parties who opposed the attempt by
    Fisher and his codefendants to remove a Maryland state court
    action to the bankruptcy court.
    We have reviewed the record and find no reversible
    error.
    court

    Accordingly,
    as

    it

    pertains

    we

    affirm

    to

    the

    Fisher.

    judgment
    See

    TJ

    of

    the

    Biscayne

    district
    Holdings,

    LLC v. MR Crescent City, LLC, No. 1:11-cv-01039-MJG (D. Md. Mar.


    2,

    2012).

    Because

    Fishers

    fellow

    appellants

    TJ

    Biscayne

    Holdings LLC and Market Street Properties Palm Beach, LLC are
    not represented by an attorney in this court, we dismiss their
    appeals

    of

    the

    district

    courts

    order.

    See

    Rowland

    v.

    California Mens Colony, 506 U.S. 194, 201-02 (1993) (It has
    been the law for the better part of two centuries . . . that a
    corporation

    may

    appear

    in

    the

    federal

    courts

    only

    through

    licensed counsel.); United States v. Hagerman, 545 F.3d 579,


    581-82

    (7th

    Cir.

    2008)

    (LLCs,

    like

    corporations,

    are

    not

    permitted to proceed pro se).


    We dispense with oral argument because the facts and
    legal

    contentions

    are

    adequately
    3

    presented

    in

    the

    materials

    before

    this

    court

    and

    argument

    would

    not

    aid

    the

    decisional

    process.

    AFFIRMED IN PART;
    DISMISSED IN PART

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