Opinion

Coats v. Cohen

Court
District Court, M.D. Florida
Filed
Dec 28, 2023
Cited by
0 cases
Authority
More cited than 20.0%

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

JACKSONVILLE DIVISION

In re:

Sam Parker Coats,

Frances Elaine Coats,

Debtors. Bankruptcy Case No. 3:21-bk-2641-JAB

Adversary Case No. 3:21-ap-0105-JAB

Adversary Case No. 3:22-ap-0002-JAB

_______________________________________

SAM PARKER COATS and

SAM P. COATS, surviving entities owner,

Appellants,

v. Case No. 3:22-cv-1284-TJC

AARON R. COHEN, as Trustee,

SUGAR MILL PLANTATION

HOMEOWNERS’ ASSOCIATION, INC.,

Appellees.

_________________________________________

ORDER

This bankruptcy appeal is before the Court following the timely appeal by

appellants Sam Parker Coats and Sam P. Coats, surviving entities owner,1 of

the United States Bankruptcy Court’s September 20, 2022 Amended Findings

1 The Court granted appellants’ motion to substitute Sam P. Coats,

surviving entities owner, for Frances Elaine Coats after she passed away. See

Docs. 15, 16, 20, 23.

of Fact and Conclusions of Law (BK Doc. 206); September 20, 2022 Order

Sustaining Objection to Debtors’ Claim of Exemptions Filed by Sugar Mill

Plantation Homeowners’ Association, Inc. (BK Doc. 209); September 20, 2022

Order Sustaining in Part and Overruling in Part Trustee’s Objection to Debtors’

Claim of Exemptions (BK Doc. 207); September 20, 2022 Final Judgment as to

Counts I and II of the Amended Complaint and as to Defendants’ First

Counterclaim and Second Counterclaim (Adv. Pro. Case No. 3:21-ap-00105,

Doc. 30); September 20, 2022 Final Judgment as to Count I of the Complaint

(Adv. Pro. Case No. 3:22-ap-0002, Doc. 18); and October 31, 2022 Order Denying

Debtors’ Motion for New Trial (BK Doc. 223). The parties filed the relevant

portions of the record (Docs. 1-1, 4, 7-11, 17, 19) and briefs (Docs. 6, 18, 22) in

support of their respective positions.

The Court is sitting in an appellate capacity. It therefore reviews the

bankruptcy court’s legal conclusions de novo and its factual findings for clear

error. See, e.g., In re Yerian, 927 F.3d 122, 1227 (11th Cir. 2019) (citation and

quotation omitted). Applying these standards, and upon careful consideration

of the briefs and record on appeal, the Court concludes that the bankruptcy

court committed no errors of law and made no clearly erroneous factual

findings.

The Court is not unsympathetic to the predicament in which this may

leave Mr. Coats. Judge Brown likewise described his position in making this

determination as “unenviable.” See BK Doc. 206 at 26. Indeed, as Northern

District of Florida Chief Bankruptcy Judge Karen Specie has stated, “[o]ne of

the most difficult decisions bankruptcy judges face is whether to permit debtors

to keep certain property they claim as homestead.” In re Wiley, 570 B.R. 661,

673 (N.D. Fla. 2016). Nonetheless, where the law has been faithfully applied

and no factual findings are clearly erroneous, sympathy cannot dictate a

contrary outcome; the Court must affirm.

Accordingly, it is hereby

ORDERED:

The United States Bankruptcy Court’s September 20, 2022 Amended

Findings of Fact and Conclusions of Law (BK Doc. 206); September 20, 2022

Order Sustaining Objection to Debtors’ Claim of Exemptions Filed by Sugar

Mill Plantation Homeowners’ Association, Inc. (BK Doc. 209); September 20,

2022 Order Sustaining in Part and Overruling in Part Trustee’s Objection to

Debtors’ Claim of Exemptions (BK Doc. 207); September 20, 2022 Final

Judgment as to Counts I and II of the Amended Complaint and as to

Defendants’ First Counterclaim and Second Counterclaim (Adv. Pro. Case No.

3:21-ap-00105, Doc. 30); September 20, 2022 Final Judgment as to Count I of

the Complaint (Adv. Pro. Case No. 3:22-ap-0002, Doc. 18); October 31, 2022

Order Denying Debtors’ Motion for New Trial (BK Doc. 223) are AFFIRMED.

The Clerk shall close the file.

DONE AND ORDERED in Jacksonville, Florida this 28th day of

December, 2023.

NW, TIMOTHY J. CORRIGAN

Sas United States District Judge

s.

Copies:

Honorable Jacob A. Brown

United States Bankruptcy Judge

Counsel of record

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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