In Re; Siinvestments, A Florida General Partnership

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
APR 21, 2011
JOHN LEY
CLERK
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 10-12627
________________________
D.C. Docket No. 0:09-cv-61276-ASG
BKCY No. 08-26220-RBR
In Re;
lllllllllllllllllllSIINVESTMENTS, A FLORIDA GENERAL PARTNERSHIP
lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllDebtor,
__________________________________________________________________
LORI D. RITENOUR,
STEVEN G. RITENOUR,
lllllllllllllllllllll Plaintiffs - Appellants,
versus
LES S. OSBORNE,
lllllllllllllllllllll Defendant - Appellee.
________________________
Appeal from the United States District Court
for the Southern District of Florida
________________________
(April 21, 2011)

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Before TJOFLAT and BARKETT, Circuit Judges, and STEELE, District Judge.*
PER CURIAM:
This is an appeal from the district court’s order of June 3, 2010, confirming
two orders of the bankruptcy court in this Chapter 11 case. In the district court,
appellants claimed that the bankruptcy court erred in (1) declining to invalidate a
99-year lease that was assigned to the debtor, and (2) concluding that certain
escalator provisions of the lease were waived for purposes of determining the cure
amount owed to appellants. See 11 U.S.C. § 365(b)(1)(A). The district court
found no such error and affirmed the challenged bankruptcy court rulings.
Having heard argument of counsel, we are convinced, for the reasons the
district court stated in its June 3 order, that the bankruptcy court did not err as
appellants claim. The district court’s judgment therefore is
AFFIRMED
Honorable John E. Steele, United States District Judge for the Middle District of*
Florida, sitting by designation.
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