IN RE NOWLING

No. 90-30022-RV, Bankruptcy Nos. 88-9120 (87-04229).

124 B.R. 858 (1991)

In re Billy and Brenda NOWLING. John E. VENN, Jr., Trustee, Appellant, v. ROBERTS SUPPLY, INC., Appellee.

United States District Court, N.D. Florida, Pensacola Division.

February 7, 1991.


Attorney(s) appearing for the Case

John E. Venn, Jr., Gulf Breeze, Fla., for plaintiff.

Eric Eggen, Pensacola, Fla., for defendant.

John Venn, Jr., trustee.


ORDER

VINSON, District Judge.

Pending is the appeal of John E. Venn, Jr., as bankruptcy trustee, from the bankruptcy judge's ruling on the parties' cross motions for summary judgment. The bankruptcy judge granted summary judgment for Roberts Supply Co., Inc. ("Roberts"), defendant below, and denied the trustee's motion. For the reasons stated below, I REVERSE and REMAND for further proceedings.

The debtors, Billy and Brenda Nowling, operated a lawnmower...

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