Alice Guan v. Ellingsworth Residential Community Association, In

CourtCourt of Appeals for the Eleventh Circuit
DecidedJune 23, 2025
Docket22-13317
StatusUnpublished

This text of Alice Guan v. Ellingsworth Residential Community Association, In (Alice Guan v. Ellingsworth Residential Community Association, In) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alice Guan v. Ellingsworth Residential Community Association, In, (11th Cir. 2025).

Opinion

USCA11 Case: 22-13317 Document: 45-1 Date Filed: 06/23/2025 Page: 1 of 18

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

____________________

No. 22-13317 Non-Argument Calendar ____________________

In re: ELLINGSWORTH RESIDENTIAL COMMUNITY ASSOCIATION, INC., Debtor. ____________________________________________ ALICE GUAN, Plaintiff-Appellant, versus ELLINGSWORTH RESIDENTIAL COMMUNITY ASSOCIATION, INC.,

Defendant-Appellee. USCA11 Case: 22-13317 Document: 45-1 Date Filed: 06/23/2025 Page: 2 of 18

2 Opinion of the Court 22-13317

Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 6:21-cv-01409-WWB, Bkcy No. 6:20-bk-01346-LVV ____________________

Before NEWSOM, BRANCH, and ANDERSON, Circuit Judges. PER CURIAM: This is another appeal stemming from a dispute between Alice Guan and her homeowners association (“HOA”)— Ellingsworth Residential Community Association, Inc.1 (“Ellingsworth). As we explained in a prior related appeal, [a]fter Guan failed to conform her yard to the HOA’s covenants, Ellingsworth sued Guan in state court. Guan countersued Ellingsworth for various state-law claims. The state court awarded Guan costs and fees because Ellingsworth had waived its claims against Guan by suing rather than arbitrating the dispute. But before Guan could collect and proceed with her

1 Guan’s briefing refers to both Meritage Homes and Ellingsworth. “Meritage

Homes originally built and controlled Guan’s subdivision . . . . and later transferred the HOA to Ellingsworth.” In re Ellingsworth Residential Cmty. Ass’n, Inc., 125 F.4th 1365, 1371 n.1 (11th Cir. 2025). Because Meritage is not involved in this appeal, we refer only to Ellingsworth. USCA11 Case: 22-13317 Document: 45-1 Date Filed: 06/23/2025 Page: 3 of 18

22-13317 Opinion of the Court 3

counterclaims, Ellingsworth petitioned for subchapter V bankruptcy.

In re Ellingsworth Residential Cmty. Ass’n, Inc., 125 F.4th 1365 (11th Cir. 2025). Guan appealed in the bankruptcy proceeding and filed proofs of claims. This appeal is from the district court’s order affirming the bankruptcy court’s partial allowance and disallowance of her claims against Ellingsworth. Guan, proceeding pro se, argues that (1) the bankruptcy court lacked jurisdiction to issue the underlying order because she had already appealed several other bankruptcy court orders at that time thereby divesting the bankruptcy court of jurisdiction; (2) the bankruptcy court lacked the statutory and constitutional authority to adjudicate her state law claims; and (3) the bankruptcy court erred in its handling of the trial on Guan’s state law claims and her objections. 2 After careful review, we conclude that the bankruptcy court had jurisdiction, and we affirm. I. Background Following its unsuccessful suit against Guan, Ellingsworth filed a voluntary petition for Chapter 11 bankruptcy under subchapter V. Ellingsworth described itself as a not-for-profit corporation, operating as an HOA over three subdivisions for approximately 80 homeowners. Ellingsworth asserted that it filed bankruptcy primarily because:

2 Guan’s arguments in her pro se brief have been rephrased and reorganized

for clarity. USCA11 Case: 22-13317 Document: 45-1 Date Filed: 06/23/2025 Page: 4 of 18

4 Opinion of the Court 22-13317

(1) Guan had sought $500,000 in attorneys’ fees and costs [related to the state court suit], and an undisclosed amount of damages in her state court counterclaim;

(2) its legal fees defending against Guan’s counterclaim were unpaid; and

(3) it had unpaid repair and maintenance costs for the subdivisions.

See In re Ellingsworth Residential, 125 F.4th at 1371. Guan appeared in the bankruptcy proceedings and filed two proofs of claims, which she later amended multiple times. 3 In Claim 4-3, she sought $500,000 for attorneys’ fees and costs associated with defending the state court lawsuit that Ellingsworth had filed against her (although the amount of the attorney’s fees and costs Guan was entitled to had yet to be determined by the state court). In Claim 5-2, she sought $1,600,000 for “Counterclaim/Modification of Such,” which Guan averred included an estimate of her damages for her state court counterclaims, 4 the $500,000 in attorney’s fees and costs, and punitive damages.

3 Guan initially appeared with counsel in the bankruptcy proceedings, but

counsel shortly thereafter withdrew, and Guan proceeded pro se for the remainder of the proceedings. 4 As we noted in Guan’s other appeal, Guan asserted state law counterclaims

for “(1) ‘abuse of process’; (2) Florida RICO; (3) intentional infliction of emotional distress; (4) negligence; (5) breach of contract; and (6) ‘Declaratory USCA11 Case: 22-13317 Document: 45-1 Date Filed: 06/23/2025 Page: 5 of 18

22-13317 Opinion of the Court 5

Ellingsworth objected to Guan’s amended claims on numerous grounds. Guan filed a response and repeatedly objected throughout the course of the bankruptcy proceedings to the bankruptcy court’s adjudication of her state claims. Meanwhile, Ellingsworth filed a reorganization plan, which the bankruptcy court approved over Guan’s objections, and Guan appealed. Guan also appealed several other bankruptcy court orders, including a case management order directing her not to further amend her proof of claims, an order denying her request for relief from the automatic stay so that she could continue with litigating her counterclaims in state court, and an order denying her request for abstention. 5 Guan moved to stay further proceedings

Judgment on Association Authority and on Arbitration Requirement[s] per Contract that was Entered by Both Guan and Association.’” In re Ellingsworth Residential, 125 F.4th at 1372 n.3. “Guan later acknowledged that her declaratory relief claim was dismissed in state court, and she withdrew the negligence and breach of contract claims.” Id. 5 We note that the district court ultimately dismissed Guan’s appeal of the case

management order for lack of jurisdiction, concluding that it was not a final appealable order, and Guan appealed that order to this Court. We also dismissed her appeal on the case management order concluding that we lacked jurisdiction over this non-final order. Similarly, the district court dismissed Guan’s appeal of the abstention order concluding that it was non-final. We disagreed, holding that a request for mandatory abstention is a final appealable order and remanded for the district court to consider the merits of her motion. In re Ellingsworth, 125 F.4th at 1383–84. Finally, we affirmed the denial of Guan’s motion for relief from the stay. Id. at 1381–83. USCA11 Case: 22-13317 Document: 45-1 Date Filed: 06/23/2025 Page: 6 of 18

6 Opinion of the Court 22-13317

in the bankruptcy court while her appeals were pending, but the bankruptcy court denied her request. Although Guan’s appeals from the above orders were pending, the bankruptcy court issued an order and memorandum opinion partially allowing Guan’s Claim 4-3 in the amount of $377,496.60 in attorney’s fees and costs related to the state court litigation6 and disallowing Claim 5-2, concluding that she failed to state a claim for relief regarding her remaining state claims for abuse of process, RICO violation, and intentional infliction of emotional distress. Guan then appealed the order partially allowing Claim 4-3 and disallowing Claim 5-2 (“the claims order”) to the district court.

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