Martin v. Mercantile Financial Corporation, 26000.
| Citation | 404 F.2d 886 |
| Decision Date | 21 January 1969 |
| Docket Number | No. 26000.,26000. |
| Parties | Herbert Ulous MARTIN, Appellant, v. MERCANTILE FINANCIAL CORPORATION, Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Bert C. Cushway, Tom Antonion, Atlanta, Ga., for appellant.
Samuel J. Zusmann, Jr., Francis Marion Bird, Jr., Jones, Bird & Howell, Atlanta, Ga., of counsel for Mercantile Financial Corporation; Lipshutz, Macey, Zusmann & Sikes, Atlanta, Ga., of counsel for the trustee.
Before BROWN, Chief Judge, AINSWORTH, Circuit Judge, and FULTON, District Judge.
The District Court denied a Petition for Review of an order of the Referee, wherein the appellant-bankrupt was denied a discharge.
In the order denying the discharge the Referee made complete and detailed "Findings of Fact and Conclusions of Law," all of which have support in the record and none of which have been shown to be clearly erroneous.
This appeal is controlled by Spach v. Strauss, 5 Cir. 1967, 373 F.2d 691, 643, 644, wherein the Court succinctly stated:
On this appeal the bankrupt has the burden to demonstrate that the Referee's "Findings of Fact and Conclusions of Law" were clearly erroneous. He has not sustained this burden.
Accordingly, the District Court's order denying the Petition for Review should be and is hereby affirmed.
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Huntington Ltd., In re
...the City, as the appellant, has the burden of demonstrating that the findings are clearly erroneous. See Martin v. Mercantile Financial Corp., 404 F.2d 886, 887 (5th Cir. 1968). A mere showing that the bankruptcy court could have reached another conclusion based upon the evidence presented ......
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Bleaufontaine, Inc., Matter of
...In re Hammons, 614 F.2d 399 (5th Cir. 1980); In re Perimeter Park Inv. Assoc., 616 F.2d 150 (5th Cir. 1980); Martin v. Mercantile Financial Corp., 404 F.2d 886 (5th Cir. 1968); Lawrence Warehouse Co. v. McKee, 301 F.2d 4 (5th Cir. 1962); 1 Collier on Bankruptcy P 3.03(8)(a), at 3-314 (15th ......
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In re Jones, 73-2496 Summary Calendar.
...Cir. 1955, 227 F.2d 287, 291. Thus, as we said in Spach v. Strauss, supra, 373 F.2d at 644, and repeated in Martin v. Mercantile Financial Corporation, 5 Cir. 1968, 404 F.2d 886, "The sole inquiry here . . . is whether the factual issues were resolved erroneously, and clearly so, and whethe......
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Connelly v. Michael
...appeal the losing party has the burden of demonstrating that the referee\'s findings were clearly erroneous. Martin v. Mercantile Financial Corp., 5 Cir. 1968, 404 F.2d 886, 887. A finding of fact is clearly erroneous when, although there is evidence to support it, the reviewing court on th......