Deitrich v. Wyndham Worldwide Corp (In re Equivest ST. Thomas, Inc.)
- Summarized by Michael Nestor , Young Conaway Stargatt & Taylor, LLP
- 12 years 5 months ago
- Citation:
- Case No. 11-4039 (3d Cir. October 1, 2013)
- Tag(s):
-
- Ruling:
- The Third Circuit Court of Appeals affirmed the decision of the distict court and dismissed appellant's apeal with prejudice.
- Procedural context:
- The appeal involved an adversary complaint that had been dismissed by the bankruptcy court, which decision was subsequently affirmed by the district court.
- Facts:
- On September 30, 2011, the district court dismissed appellant's appeal "in a thorough and well reasoned opinion." Id. at 2. Specifically, appellant waited more than ten (10) months after filing the appeal to file his opening brief. In addition, appellant had ignored judicially established deadlines, failed to comply with judicial orders, and otherwise acted in bad faith. Pursuant to Federal Rule of Bankruptcy Procedure 8001(a) and case law governing dismissal of an appeal for failure to prosecute, the Third Circuit Court of Appeals affirmed the decision of the district court and dismissed the appeal with prejudice.
- Judge(s):
- McKee, Chief Judge, Scirica and Vanaskie, Circuit Judges
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