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these cases once the Bankruptcy Court's order became final. We
granted respondent's motion to continue on February 16, 1996.
On April 5, 1996, the District Court affirmed the Bankruptcy
Court's September 16, 1993, order and the order denying
petitioners' motion to alter and amend. On May 7, 1996,
petitioners filed a notice of appeal to the Court of Appeals for
the Eleventh Circuit (the Eleventh Circuit). Respondent filed a
notice of appeal on or about June 7, 1996, which was voluntarily
dismissed on or about June 27, 1996. On February 12, 1997, the
Eleventh Circuit held that petitioners' appeal from that portion
of the District Court's April 5, 1996, order was timely and could
proceed. On August 1, 1997, the Eleventh Circuit dismissed
petitioners' appeal for lack of prosecution, and the judgment
became final on October 30, 1997.
On December 18, 1997, respondent, relying on the doctrine of
res judicata, filed summary judgment motions in these cases.
Pursuant to this Court's orders dated December 22, 1997,
petitioners were directed to file, on or before January 30, 1998,
responses to the summary judgment motions. At petitioners'
request we extended their time to file responses to April 7,
1998. On April 16, 1998, petitioners moved for a further
extension of time, which we denied. Petitioners never filed a
response.
Summary judgment is proper when the record shows "that there
is no genuine issue as to any material fact and that a decision
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