Stephenson

Stephenson v. Stephenson

Good Law
41 F. App'x 936
United States Court of Appeals for the Ninth CircuitJuly 22, 2002Nos. 00-55478, 00-55506; D.C. No. CV-98-05186-FMCCalifornia531 words

Opinion

Lead Opinion

MEMORANDUM ***

Bruce Stephenson and Harold Collins appeal the district court’s decision, which limited the damages awarded to them and against Senaida Stephenson. We affirm the bankruptcy court.

(1) On appeal, Senaida wishes to have the bankruptcy court’s damage decision set aside on the basis that the award was unduly punitive and, therefore, violated the Due Process Clause of the Fourteenth Amendment to the United States Constitution. However, she never presented that issue to the bankruptcy court, and we decline to take it up on this appeal. Rather, we affirm the bankruptcy court. See Crawford v. Lungren, 96 F.3d 380 , 389 n. 6 (9th Cir.1996); see also United States v. Shaltry (In re Home Am. T.V.-Appliance Audio, Inc.), 232 F.3d 1046, 1052 (9th Cir.2000), cert denied, — U.S. —, 122 S.Ct. 39 , 151 L.Ed.2d 12 (2001). We, therefore, reject the result reached by the district court after it decided to consider the issue. This is especially appropriate here because the parties expressly stipulated to which issues were to be decided by the bankruptcy court, and did not include this one. See Operating Eng’rs Pension Trust v. Cecil Backhoe Serv., Inc., 795 F.2d 1501 , 1507 (9th…

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