Schwab Industries, Inc. v. Huntington National Bank
- Summarized by Dean Langdon , DelCotto Law Group PLLC
- 9 years 1 week ago
- Case Type:
- Business
- Case Status:
- Affirmed
- Citation:
- 16-3790 (6th Circuit, Feb 13,2017) Not Published
- Tag(s):
-
- Ruling:
- The Sixth Circuit affirmed the District Court's dismissal of Schwab's appeal as untimely where the notice of appeal was filed two days after the statutory deadline for a bankruptcy appeal expired.
- Procedural context:
- Schwab filed a motion for leave to file an interlocutory appeal of orders denying remand and dismissing consolidated adversaries. The District Court found the orders were final orders and accepted the case as a direct appeal. Because the motion for leave to appeal was filed two days after the deadline to appeal, the District Court granted a motion to dismiss. Schwab appealed to the Sixth Circuit.
- Facts:
- Schwab filed suit against Huntington National Bank and a law firm asserting state-law claims. Defendants removed the case to the Bankruptcy Court where Schwabs' voluntary Chapter 11 was pending. The Bankruptcy Court denied Schwab's motion to remand or withdraw the reference, which Schwab appealed. The District Court found no basis to appeal the orders as they were interlocutory (a sanctions motion was also pending in the Bankruptcy Court). On September 21, 2015, the Bankruptcy Court dismissed the consolidated adversaries finding Schwab lacked standing. On October 7, 2015, Schwab moved for leave to appeal the interlocutory orders denying remand and dismissing. The District Court denied the motion, finding the orders to be final orders, but accepted the appeal as a direct appeal. The District Court subsequently granted a motion to dismiss the appeal, finding the notice of appeal to be untimely.
- Judge(s):
- Boggs, Siler and Donald, opinion by Siler
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