Royal Street Bistro, L.L.C. v. Arrowhead Capital Finance, Ltd.
- Case Type:
- Business
- Case Status:
- Reversed and Remanded
- Citation:
- 24-30732 (5th Circuit, Nov 17,2025) Published
- Tag(s):
-
- Ruling:
- Because Appellant's failure to attach the bankruptcy court's judgment to its notice of appeal was not a jurisdictional defect, the District Court abused its discretion in dismissing the appeal. Dismissal is reversed and remanded.
- Procedural context:
- Appellant appealed the District Court's dismissal of its appeal from an adverse judgement issued by the Bankruptcy Court in an adversary proceeding.
- Facts:
- Appellant was sued by the Chapter 11 Trustee for unpaid rent and other charges, who then assigned the claim to Arrowhead Capital Finance, Ltd. as part of a settlement of disputes between them. Arrowhead obtained a judgment against Appellant for $233,548.51. Appellant filed a timely notice of appeal but did not include a copy of the judgment as required by FRBP 8003. The clerk of the bankruptcy court marked the appeal as deficient and directed Appellant to submit a corrected notice with the judgment by September 9. Appellant did not file a corrected notice of appeal with the judgment until September 19. The District Court granted Arrowhead's motion to dismiss the appeal for lack of jurisdiction based on Appellant's failure to timely comply with FRBP 8002 and 8003. Appellant timely appealed to the Fifth Circuit.
- Judge(s):
- Ramirez, Wiener, and Douglas
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