Wark v. Spinuzzi, 24098.
| Decision Date | 12 May 1967 |
| Docket Number | No. 24098.,24098. |
| Citation | 376 F.2d 827 |
| Parties | A. F. WARK and Westmont National Bank, Appellants, v. John A. SPINUZZI, Receiver, Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Ellis F. Morris, Houston, Tex., for appellants.
William Borrow, Bill Womble, Blanchette, Smith & Shelton, Golden, Burrow, Potts & Boeckman, Dallas, Tex., for appellee.
Before THORNBERRY, GOLDBERG and DYER, Circuit Judges.
This is an appeal from an order of the District Court requiring appellants to turn over certain bonds to the Receiver in a receivership proceeding. Under the order the Receiver is ordered to "maintain control and possession" of the bonds "until such time as any and all claims thereto shall have been presented to, and the respective rights and interests therein determined by this Court."
Under 28 U.S.C.A. § 1292(2) "interlocutory orders appointing receivers or refusing orders to wind up receiverships or to take steps to accomplish the purposes thereof, such as directing sales or other disposals of property * * *" are appealable.
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Acheron Capital, Ltd. v. Mukamal
...tension with even earlier decisions of our predecessor Court, see Netsphere , 799 F.3d at 334. For example, in Wark v. Spinuzzi , 376 F.2d 827 (5th Cir. 1967), our predecessor Court held that "an order of the [d]istrict [c]ourt requiring appellants to turn over certain bonds to [a] [r]eceiv......
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Securities and Exchange Commission v. Bartlett, 19622
...to accomplish the purpose thereof, such as directing sales or other disposals of property". 28 U.S.C. § 1292 (a) (2). See Wark v. Spinuzzi, 376 F.2d 827 (5th Cir. 1967); Kindy v. Koenke, 216 F.2d 907 (8th Cir. 1954). However, the issue of the trial judge's bias and prejudice urged as the on......
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Netsphere, Inc. v. Baron
...In this case, the court has not refused an order to wind up the receivership or to take appropriate steps to that end.40 Similarly, in Wark v. Spinuzzi, which also predates “A” Manufacturing, we held that an interlocutory order “requiring appellants to turn over certain bonds to the Receive......
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Sec. & Exch. Comm'n v. Complete Bus. Solutions Grp., Inc.
...a party to turn over a certain amount of money to an existing receivership isn't appealable under § 1292(a)(2) ); Wark v. Spinuzzi , 376 F.2d 827 (5th Cir. 1967) (per curiam) (same for bonds); cf . Belleair Hotel Co. v. Mabry , 109 F.2d 390 (5th Cir. 1940) (holding that an order authorizing......