Sobers v. Albertelli Law et al

Filing 8

OPINION AND ORDER granting Appellees Albertelli Law and Caliber Home Loans, Inc.s Motions to Dismiss [2,7] and dismissing this action for lack of subject-matter jurisdiction. Signed by Judge William S. Duffey, Jr on 8/25/16. (ddm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
EVERALD ROGERS SOBERS,
Appellant,
v.

1:16-cv-420-WSD

ALBERTELLI LAW and
CALIBER HOME LOANS, INC.,
Appellees.

OPINION AND ORDER
This matter is before the Court on Appellees Albertelli Law and Caliber
Home Loans, Inc.’s (“Appellees”) Motions to Dismiss [2] [7].
I.

BACKGROUND
On March 31, 2014, Appellant Everald Rogers Sobers (“Appellant”),

proceeding pro se, filed a no asset Chapter 7 Petition in the United States
Bankruptcy Court for the Northern District of Georgia, petition number
14-56438-bem (“Sobers Bankruptcy Case”). On August 14, 2014, the Bankruptcy
Court closed the Sobers Bankruptcy Case. On September 22, 2014, the
Bankruptcy Court reopened the case for the limited purpose of granting Ms. Sobers
a discharge, and, on the same day, the Bankruptcy Court again closed the case.

On June 3, 2015, Appellant filed an adversary proceeding, case number
15-05250-bem. On January 15, 2016, the Bankruptcy Court entered an order
granting Appellee Albertelli Law’s motion to dismiss (“Dismissal Order”). ([7.1]).
On January 17, 2016, the Bankruptcy Court served a copy of the Dismissal Order
on all parties of record, including Appellant. ([7.3]). On January 21, 2016, the
Bankruptcy Court entered a separate judgment in favor of Albertelli Law and
dismissed all claims against it (“Albertelli Judgment”). ([7.2]). On
January 23, 2016, the Bankruptcy Court served a copy of the Albertelli Judgment
on all parties of record, including Appellant. ([7.4]).
On February 10, 2016, Appellant filed in this Court his Notice of Appeal of
the Dismissal Order and the Albertelli Judgment [1].
On March 9, 2016, Appellee Caliber Home Loans, Inc., filed its Motion to
Dismiss the appeal [2]. On March 25, 2016, Appellee Albertelli Law filed its
Motion to Dismiss the appeal [7]. Appellees seek dismissal of this appeal, arguing
that the Notice of Appeal was not timely filed. Appellant did not respond to either
motion, and the Motions to Dismiss are deemed unopposed. See LR 7.1(B),
NDGa.

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II.

ANALYSIS
Appellees argue that the Notice of Appeal was not timely filed. Federal

Rule of Bankruptcy Procedure 8002(a)(1) provides that “a notice of appeal must be
filed with the bankruptcy clerk within 14 days after the entry of the judgment,
order, or decree being appealed.” Fed. R. Bankr. P. 8002(a)(1). The Eleventh
Circuit Court of Appeals has held that a district court lacks jurisdiction over a
notice of appeal filed after the fourteen-day period under Rule 8002(a)(1). See In
re Williams, 216 F.3d 1295, 1298 (11th Cir. 2000) (“If the notice is not timely
filed, the appellate court is without jurisdiction to hear the appeal.” (internal
quotation marks omitted) (quoting Advancd Estimating Sys., Inc. v. Riney, 77 F.3d
1332, 1323 (11th Cir. 1996))).
The Bankruptcy Court entered its Dismissal Order on January 15, 2016. The
Bankruptcy Court entered the Albertelli Judgment on January 21, 2016. Appellant
had fourteen days—until January 29, 2016—to file his Notice of Appeal of the
Dismissal Order. Appellant had until February 4, 2016, to file his Notice of
Appeal of the Albertelli Judgment. Appellant’s Notice of Appeal, filed on
February 10, 2016, is beyond both of these filing deadlines and is thus untimely.
Because the Court lacks jurisdiction to hear this bankruptcy appeal, Appellees’
Motions to Dismiss are granted. See Williams, 216 F.3d at 1298.
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III.

CONCLUSION
For the foregoing reasons,
IT IS HEREBY ORDERED that Appellees Albertelli Law and Caliber

Home Loans, Inc.’s Motions to Dismiss [2] [7] are GRANTED.
IT IS FURTHER ORDERED that this action is DISMISSED for lack of
subject-matter jurisdiction.

SO ORDERED this 25th day of August, 2016.

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