Landon v. Hunt

977 F.2d 829, 1992 U.S. App. LEXIS 26649, 1992 WL 295971
CourtCourt of Appeals for the Third Circuit
DecidedOctober 20, 1992
DocketNo. 92-7105
StatusPublished
Cited by83 cases

This text of 977 F.2d 829 (Landon v. Hunt) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Landon v. Hunt, 977 F.2d 829, 1992 U.S. App. LEXIS 26649, 1992 WL 295971 (3d Cir. 1992).

Opinion

OPINION OF THE COURT

NYGAARD, Circuit Judge.

Four appellants, Eugene Landon; Hershel Chaddick;1 Cyril Moyer; and Martin Campbell and their counsel, Allen E. Ertel, Esq., and John A. Felix, Esq., appeal from an order, which affirmed a bankruptcy court’s order dismissing involuntary petitions filed against appellees Bruce Hunt and Carol Hunt, and imposing attorneys fees, costs, and punitive sanctions on appellants. We will affirm.

I.

The district court jurisdiction is from 28 U.S.C. § 158(a). Our jurisdiction is from 28 U.S.C. § 158(d), and 28 U.S.C. §§ 1291 and 1292. Bankruptcy Rule 8013 controls our standard of review, and provides that “findings of fact, whether based on oral or documentary evidence, shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the Bankruptcy Court, to judge the credibility of the witnesses.” See In re Jersey City Medical Center, 817 F.2d 1055, 1059 (3d Cir.1987). Our standard of review is plenary over any conclusions of law by the bankruptcy or district courts. Id.

II.

With the exception of Chaddick’s claim, this entire affair stems from the purchase, [831]*831appraisal and sale of an antique desk. Appellants Moyer and Campbell had offered a Chippendale secretary desk for sale. Mr. Hunt decided to purchase the desk for his wife and paid Moyer and Campbell $14,-500.00 for the desk.

Hunt then contacted appellant Landon to appraise the desk. Landon determined the desk to be an American piece, and opined that the desk could be sold for $1,000,-000.00. Mrs. Hunt contacted Christie, Manson and Woods International Inc. (Christies) to auction the desk.

Landon and Mr. Hunt subsequently disagreed as to the amount of any commission Landon would receive from the sale of the desk. After negotiation, they agreed that Landon would receive 20% of the desk’s sale price. It was sold for $220,000.00.

After the sale, Moyer and Campbell asserted an ownership interest in the desk. Moyer and Campbell advised Christies of their claim on October 29, 1987. In response, Mrs. Hunt filed a declaratory action in the Court of Pleas for the Eighth Judicial Circuit of South Carolina asking that she be declared the owner of the desk. Attorney Ertel represented Campbell and Moyer at this trial.

Meanwhile, appellant Landon, again represented by Attorney Ertel, filed suit against the Hunts, Christies, and others in the Lycoming County, Pennsylvania Court of Common Pleas. He alleged a 20% ownership interest in the desk entitling him to $44,000.00 of the proceeds. The Hunts denied that Landon owned any part of the desk, but admitted owing him a commission. Christies removed the case to the U.S. District Court for the Middle District of Pennsylvania, and deposited the $220,-000.00 sale proceeds with the district court. Campbell and Moyer, still represented by Attorney Ertel, joined this action alleging their 40% ownership interest.

On May 25, 1989, a South Carolina jury rejected Campbell and Moyer’s claims and declared Carol J. Hunt to be the owner of the desk. On November 8, 1989, the court entered judgment in favor of the Hunts on the claims of both Campbell and Moyer. Thereafter,

The sole issues remaining for trial were Landon’s claim concerning his alleged entitlement to a commission on the sale of the secretary and the Hunts’ claims over against Campbell and Moyer.

Landon v. Hunt, 938 F.2d 450, 451 (3d Cir.1991) (Landon I) (emphasis added).

The case was set for jury selection and trial on November 13, 1989. Neither Ertel nor Landon appeared at the trial and the court dismissed Landon’s claim with prejudice for failure to prosecute. Landon, 938 F.2d at 451. That decision was not appealed and the district court’s order thus discharged any claim Landon had against the Hunts for a commission.

The bankruptcy judge stated that:

I have no idea why Ertel and Landon decided not to pursue their case before Judge Kosik and instead filed the involuntary petitions to obtain an order of relief against the Hunts in bankruptcy.

App. at 38A. Ertel had contended that he was concerned about possible delays on appeal, and for that reason filed the involuntary petitions with the bankruptcy court:

Well, the only problem we had, your hon- or, there were threats to hold up this money just by appeals for five years, even if they were unfounded. And that’s — we thought that this court was better to get a distribution of funds.
I think, quite frankly, we would have gotten an very straight judgment over there without any problem, but we would have been faced with delay on appeal, on appeal, on appeal.

Id. We agree with the bankruptcy court’s characterization that Ertel’s statements “strain credibility.” As the bankruptcy court further stated:

Even assuming the Hunts would have appealed an adverse decision of Judge Kosik to the Third Circuit, the delay in getting a final decision from the circuit would not be near as great as the delay occasioned by a hearing in the bankruptcy court, an appeal to the district court, and an appeal to the circuit court.

Id.

Carol Hunt’s answer to the Lycoming County complaint admitted owing Landon a [832]*832commission. All Attorney Ertel had to do was show up for trial and accept Hunt’s offer. He did not, and at 10:20 A.M. Landon’s claim was foreclosed when a judgment was entered against him. At 3:05 P.M. that same day, Attorney Ertel filed involuntary bankruptcy petitions against the Hunts on behalf of appellant Landon.2

The bankruptcy court held three hearings on the involuntary petitions; dismissed them; and, moreover, found them to have been filed in bad faith. The court then imposed sanctions on the appellants and their counsel as follows: (1) for defending the petition filed by appellant Landon, the court ordered Attorney Ertel to personally pay the Hunt’s attorneys’ fees and costs in the amount of $11,357.79; (2) for defending the petition filed by appellants Moyer and Campbell, the court ordered appellants Campbell, Moyer, and Attorney Er-tel to be jointly and severally liable to pay $6,804.90 to the Hunts; (3) for defending the petition filed by appellant Chaddick, the court ordered Chaddick to pay $1,367.50 to the Hunts; (4) a $2,000.00 sanction on Attorney Felix pursuant to Bankruptcy Rule 9011 payable to the Hunts; and (5) a $10,-000.00 sanction against Attorney Ertel pursuant to Bankruptcy Rule 9011 payable to the Hunts.

III.

The bankruptcy court awarded these attorney fees and costs to the Hunts in part under 11 U.S.C.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
977 F.2d 829, 1992 U.S. App. LEXIS 26649, 1992 WL 295971, Counsel Stack Legal Research, https://law.counselstack.com/opinion/landon-v-hunt-ca3-1992.