You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

In Matter of Billy R. Shurley, Jane Bryant Shurley Billy R. Shurley, Jane Bryant v. Texas Commerce Bank-San Angelo, N.A., Texas Commerce Bank- Austin, Dennis Elam in Matter of Billy R. Shurley, Jane Bryant Shurley William H. Armstrong II v. Texas Commerce Bank-San Angelo, N.A., Dennis Elam, Trustee, Texas Commerce Bank-Austin

Citations: 124 F.3d 195; 1997 WL 533591Docket: 96-50138

Court: Court of Appeals for the Fifth Circuit; August 8, 1997; Federal Appellate Court

Narrative Opinion Summary

This case involves an appeal to the United States Court of Appeals for the Fifth Circuit concerning a bankruptcy matter involving Billy R. Shurley and Jane Bryant Shurley against Texas Commerce Bank-San Angelo, N.A., and related parties, with Dennis Elam serving as the trustee. The appeal centered on the court's denial of petitions for rehearing en banc, indicating that the request for a full court review was not granted. The denial upholds the panel's prior decision, asserting its correctness and finality in the absence of substantial legal errors. The procedural context of the case pertains to bankruptcy appeals and the limited circumstances under which appellate decisions may be revisited. The court's decision underscores the rigorous standards applied when considering requests for rehearing en banc, affirming the initial panel's findings and conclusions, and thus, the previous ruling remains unaltered.

Legal Issues Addressed

Denial of Petitions for Rehearing En Banc

Application: The case demonstrates the court's discretion to deny a petition for rehearing en banc when the panel finds no significant legal errors in its prior decision.

Reasoning: The court addressed the denial of petitions for rehearing en banc, which means that the request for the entire court to reconsider the panel's decision was rejected.

Finality of Appellate Panel Decisions

Application: The finality of appellate panel decisions is affirmed unless significant legal errors are identified, as illustrated by the court's refusal to rehear the case en banc.

Reasoning: The ruling emphasizes the finality of panel decisions unless significant legal errors are identified that warrant a rehearing.

Procedural Aspects of Bankruptcy Appeals

Application: The case underscores the procedural elements involved in bankruptcy appeals, particularly when parties seek further review beyond the initial appellate decision.

Reasoning: The case highlights procedural aspects of bankruptcy appeals, particularly the processes involved when parties seek further review of appellate decisions.