SEC v. Barton ( 2023 )

Case: 22-11226 Document: 00516882331 Page: 1 Date Filed: 09/01/2023
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
____________ FILED
September 1, 2023
No. 22-11226 Lyle W. Cayce
____________ Clerk
Securities and Exchange Commission,
Plaintiff—Appellee,
versus
Timothy Barton,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:22-CV-2118
______________________________
ON PETITION FOR REHEARING
AND REHEARING EN BANC
Before Wiener, Elrod, and Engelhardt, Circuit Judges.
Per Curiam: *
Because no member of the panel or judge in regular active service
requested that the court be polled on rehearing en banc (Fed. R. App. P.
35 and 5th Cir. R. 35), the petition for rehearing en banc is DENIED.
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 22-11226 Document: 00516882331 Page: 2 Date Filed: 09/01/2023
No. 22-11226
The petition for panel rehearing is also DENIED. We withdraw our
previous opinion at 2023 WL 4060191, and substitute the following:
***
In a separate appeal in this matter, our court vacated the receivership
because the district court had not made findings sufficient to establish the
receiver’s jurisdiction over Barton’s property. Sec. & Exch. Comm’n v.
Barton, No. 22-11132, -- F.4th -- (5th Cir. 2023). That opinion, as reissued,
also suspended the receiver’s ability to sell receivership property while
awaiting vacatur. Id. (“[T]he receiver’s power to sell or dispose of property
belonging to receivership entities, including the power to complete sales or
disposals of property already approved by the district court, is immediately
suspended.”). The receiver can no longer sell Barton’s home, which was at
issue here. Given these developments, we DISMISS this appeal as MOOT.
2