IN RE MOUZON ENTERPRISES, INC.

No. 09-13330.

610 F.3d 1329 (2010)

In Re: MOUZON ENTERPRISES, INC., Debtor. Georgia Department of Revenue, Plaintiff-Appellant, v. Mouzon Enterprises, Inc., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 8, 2010.


Attorney(s) appearing for the Case

Oscar B. Fears, III, Atlanta, GA, for Plaintiff-Appellant.

Rodney L. Eason, The Eason Law Firm, Atlanta, GA, for Defendant-Appellee.

Before EDMONDSON and MARCUS, Circuit Judges, and BARBOUR, District Judge.


BARBOUR, District Judge:

The matter on appeal pertains to the manner in which Rule 9024 of the Federal Rules of Bankruptcy Procedure is to be applied. Concluding that the courts below erred in holding that an order resolving a claim that has been objected to, but not litigated, constitutes an order "entered without a contest" for the purposes of Rule 9024, we REVERSE.

I. Background

On December 5, 2005, Appellee, Mouzon Enterprises, Inc. (...

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