· 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 CourtListenerSourced 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.