Gti Capital Holdings, LLC v. Triad Commercia Bank

Court of Appeals for the Ninth Circuit·Decided October 8, 2010·No. 18-56071·Unpublished

Opinion

FILED NOT FOR PUBLICATION OCT 08 2010

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

In re: GTI CAPITAL HOLDINGS, LLC, No. 09-60003 DBA Rockland Materials, BAP No. AZ-08-1079-MkEMo Debtor,

MEMORANDUM * TRIAD COMMERCIAL CAPTIVE CO.; et al.,

Appellants,

v.

COMERICA BANK; et al.,

Appellees.

Appeal from the Ninth Circuit Bankruptcy Appellate Panel Montali, Markell, and Efremsky, Bankruptcy Judges, Presiding

Submitted October 6, 2010 ** San Francisco, California

Before: THOMPSON, FERNANDEZ and SILVERMAN, Circuit Judges.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Appellants appeal the bankruptcy court’s approval of a settlement between

Appellees David Reaves, the bankruptcy trustee, and Comerica Bank. However,

Appellants’ brief does not identify any error in any of the bankruptcy court’s

rulings.

Rather, Appellants appear to be seeking on appeal an advisory opinion about

the effects of the settlement agreement on other litigation. We lack jurisdiction to

render advisory opinions. See Kittel v. Thomas, 610 F.3d 1115, 1117 (9th Cir.

2010).

AFFIRMED.

-2-

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Gti Capital Holdings, LLC v. Triad Commercia Bank, (9th Cir. 2010).

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