Horton Grand Saddlery Hotel Joint Venture v. John Rose

64 F.3d 666 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. HORTON GRAND SADDLERY HOTEL JOINT VENTURE, Plaintiff-Appellee, v. John ROSE, Defendant-Appellant. Nos. 94-56055, 94-56108. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 7, 1995. Decided Aug. 22, 1995. 1 Before: BROWNING AND BEEZER, Circuit Judges, and HAGGERTY, District Judge. 1 MEMORANDUM 2 2 There are two appeals in this case. John Rose, a limited partner in the Horton Grand Saddlery Hotel joint venture, appeals the ruling from the Bankruptcy Appellate Panel (BAP) affirming the bankruptcy court's findings that (1) he breached a fiduciary duty owed to the joint venture when he purchased the first deed of trust on the joint venture's property, and (2) accordingly, Rose could enforce the deed only to the extent of the purchase price he paid. 3 After affirming the substantive ruling of the bankruptcy court, the BAP reversed the bankruptcy court's decision to award attorney fees to the…