CA-0013-0106 Nonprecedential Stay lifted Processed

In Re: Kite Rv, LLC

Louisiana Court of Appeal, Third Circuit · Filed October 24, 2018

Also decided on this docket: La. Ct. App. 3d Cir., February 6, 2019; La. Ct. App. 3d Cir., March 20, 2013

Opinion text

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

CA 13-106

IN RE: KITE RV, LLC

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APPEAL FROM THE
FOURTEENTH JUDICIAL DISTRICT COURT
PARISH OF CALCASIEU, NO. 2008-2682
HONORABLE RONALD F. WARE, DISTRICT JUDGE

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VAN H. KYZAR

JUDGE

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Court composed of Billy H. Ezell, John E. Conery, and Van H. Kyzar, Judges.

STAY LIFTED.
CASE RETURNED TO THE DOCKET.

Thomas Glynn Blazier
Attorney at Law
Post Office Box 6391
Lake Charles, LA 70606
(337) 474-5624
COUNSEL FOR PLAINTIFF/APPELLEE:
R. Alan Kite

Kenneth Michael Wright
Attorney at Law
203 West Clarence St.
Lake Charles, LA 70601
(337) 439-6930
COUNSEL FOR PLAINTIFF/APPELLEE:
R. Alan Kite

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Scott James Scofield
Scofield, Gerard, Pohorelsky, Gallaugher & Landry
Post Office Drawer 3028
Lake Charles, LA 70602
(337) 433-9436
COUNSEL FOR DEFENDANTS/APPELLANTS:
Robert Kite
Jeffrey D. Kite
Kite Bros., LLC

Blaine Andrew Doucet
Attorney at Law
130 W. Kirby Street
Lake Charles, LA 70601
(337) 433-0100
COUNSEL FOR DEFENDANT/APPELLANT:
Jeffrey D. Kite

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KYZAR, Judge.

On September 6, 2018, upon the motion of Plaintiff-Appellee, R. Alan Kite,

this court issued a rule to show cause why the matter should not be placed back on the

docket. For the reasons stated below, we hereby place the matter back on the docket.

On July 24, 2018, counsel for Plaintiff-Appellee, R. Alan Kite, moved this

court to place the instant matter back on the docket. The matter was stayed on July 18,

2014, when this court was notified by opposing counsel of the bankruptcy of R. Alan

Kite, bearing docket number 13-20270, in the United States Bankruptcy Court for the

Western District of Louisiana. Mr. Wright states that the bankruptcy proceeding is

now over and motions this court to proceed with the matter.

In response to the rule, counsel for Defendants-Appellants, Robert Kite, Jeffrey

D. Kite, and Kite Bros., LLC, asserts that the instant matter involves the liquidation of

Kite RV, LLC, a company formed in 2006 and equally co-owned by brothers R. Alan

Kite and Jeffrey D. Kite. According to counsel, R. Alan Kite placed Kite RV, LLC, in

liquidation and subsequently formed another company, R. Alan Kite, LLC. Further,

counsel argues that the instant appeal should not be placed back on this court’s docket

for the following reasons:

1) Kite RV, LLC, is no longer in existence;

2) R. Alan Kite, LLC, is no longer in existence;

3) R. Alan Kite passed away on July 18, 2015; and,

4) All issues which were the subject of this appeal were resolved through R.

Alan Kite’s bankruptcy.

We find that that mere recitation of alleged facts in response to the Appellee’s

motion to place the matter back on this court’s docket is not sufficient for this court to

deny the Appellee’s motion. However, upon the return of the matter to the docket, the

Appellants may choose to move for the dismissal of the appeal. Accordingly, in light

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of the conclusion of R. Alan Kite’s bankruptcy proceeding, we hereby lift the stay

ordered by this court on July 18, 2013, and order the case placed back on the docket.

STAY LIFTED.
CASE RETURNED TO THE DOCKET.

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION.
Rule 2-16.3 Uniform Rules, Court of Appeal.

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