Bosch v. Frost National Bank (In re 2646 South Loop West Limited Partnership)
- Summarized by Paul Stewart , Stewart Robbins Brown & Altazan, LLC
- 10 years 5 months ago
- Bosch v. Frost National Bank, et al. (In re 22646 South Loop West Limited Partnership), No. 12-20135, Fifth Circuit Court of Appeals
- Rule 8002(a) requires the filing of a notice of appeal from the bankruptcy court to the district court within 14 days of the date of the entry of the judgment or order. Because the Appellant filed his notice of appeal later than 14 days, the district court lacked appellant jurisdiction and had to dismiss the appeal. Further, as to a different and timely-made appeal, Appellant failed to timely designate the record or request a copy of the trial transcript as required by Rule 8006. This being the case, it was within the discretion of the district court to dismiss Appellant's appeal.
- Procedural context:
- Appellant Yigal Bosch ("Bosch") appealed the district court's dismissal of his appeal of multiple bankruptcy court orders.
- Bosch attempted to appeal five bankruptcy court orders; two orders relating to confirmation, and three orders relating to fees. The district court dismissed his two confirmation appeals as untimely. The district court also dismissed his three fee appeals because he failed to timely designate the record or request a copy of the trial transcripts.
- Before JOLLY, BENAVIDES, and DENNIS, Circuit Judges.
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