Smith v. Gartley (In the Matter of Berman-Smith)
- Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
- 12 years 2 months ago
- Citation:
- In the United States Court of Appeals for the Fifth Circuit No. 13-50154
- Tag(s):
-
- Ruling:
- The statute defining jurisdiction over bankruptcy appeals (28 U.S.C. Section 158), expressly requires that a notice of appeal be filed under the time limit provided in Rule 8002 of the Bankruptcy Rules. Thus, that time limit is jurisdictional. Because the notice of appeal was not timely filed under Rule 8002, the appellate courts did not have jurisdiction over the appeal.
- Procedural context:
- Appeal from District Court.
- Facts:
- Appellant failed to timely file a notice of appeal in connection with an appeal from the Bankruptcy Court to the District Court
- Judge(s):
- King, Benavides and Dennis
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