BARCLAYS INVESTMENTS, INC., as successor of Consolidated Realty Corp v. ST. CROIX ESTATES v. BRUCE J. WROBEL

UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 04-2111
BARCLAYS INVESTMENTS, INC.,
as successor of Consolidated Realty Corp.
v.
ST. CROIX ESTATES
v.
BRUCE J. WROBEL,
Intervenor
(D.C. 90-cv-00099)
BRUCE J. WROBEL
v.
FLORIDA RAFFLES, INC.,
F.D.R. HOLDINGS, INC., GEORGE W. HEATON,
RICHARD F. MAZUR, ST. CROIX ESTATES, INC.,
BARCLAYS INVESTMENTS, INC., as successor of
Consolidated Realty Corp.
(D.C. 91-cv-00100)
Barclays Investments, Inc.,
Appellant
On Appeal from the District Court
of the Virgin Islands
(D.C. Civ. Nos. 90-0099 and 91-0100)
Honorable Raymond L. Finch, Chief Judge

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Argued December 16, 2004
BEFORE: SLOVITER, FUENTES and GREENBERG, Circuit Judges
(Filed: March 1, 2005)
ORDER AMENDING OPINION
It is hereby ordered that:
(1) The caption of the case is amended so that “St Croix Estates”
shall be “St. Croix Estates”;
(2) Footnote 10 in its current form is deleted and the following
footnote is substituted as footnote 10:
When Consolidated moved in this court to dismiss its original
appeal as premature and gave notice of the motion to
Wrobel’s attorney he did not in any document filed with this
court oppose the motion or state that the appeal was not
premature. He did, however, notify Consolidated’s attorney
that in his opinion the appeal had been taken from a final
order and thus he requested that Consolidated withdraw its
motion to dismiss. He also notified Consolidated’s attorney
that if there was a later appeal he would challenge appellate
jurisdiction. Thus, Wrobel’s attorney did not mislead
Consolidated’s attorney who pursued his motion to dismiss at
his own risk.
By the court,
/s/ Morton I. Greenberg
Circuit Judge
DATED: March 17, 2005
CMH/cc: ELB, DMH, WBC

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