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· 8/26/2005

In Re: F. Elliot Siemon, F. Elliot Siemon, Debtor-Appellant v. Emigrant Savings Bank, Creditor-Appellee

Citations

  • 421 F.3d 167
  • 2005 U.S. App. LEXIS 18440
  • 2005 WL 2050108

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the time limit prescribed by Rule 8002(a) is jurisdictional and that “in the absence of a timely notice of appeal in the district court, the district court is without jurisdiction to consider the appeal”
  • holding that a pro se litigant’s failure to comply with the filing deadlines for a notice of appeal set out in Federal Rule of Bankruptcy Procedure 8002 meant that the district court lacked jurisdiction over the litigant’s appeal
  • noting that untimely filings are a jurisdictional matter, even for pro se appellants
  • observing that Rule 4(a)’s time limit is “mandatory and jurisdictional”
  • “We therefore follow our sister circuits in holding that the time limit contained in Rule 8002(a
  • “[I]n the absence of a timely notice of appeal . . . the district court is without jurisdiction to consider the appeal.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Walker, Jacobs, Cabranes

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.