Ricks

Filing 11

ORDER dismissing as moot 9 Motion to dismiss. The Court dismisses the Bankruptcy Appeal. Signed by Judge B. Avant Edenfield on 11/4/14. (wwp)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION
IN RE: SARA JONES RICKS
V.

6:13-CV-84

ORDER
Before the Court is Sara Jones Ricks's
Notice of Re-Appeal. ECF No. 8. Ricks
appeals from the judgment of an order of the
Bankruptcy Judge. ECF No. 2-1. She
initially appealed on August 10, 2013, ECF
No. 2, but that appeal was dismissed without
prejudice for failure to prosecute, ECF No.
6.
Bankruptcy Rule 8002(a) states that a
party who wishes to appeal an order to the
district court must do so "within 14 days of
the date of the entry of the judgment, order,
or decree appealed from." Fed. R. Bankr. P.
8002(a). A late notice of appeal is of no use,
since "[d]istrict courts lack jurisdiction to
hear untimely appeals from bankruptcy
court orders." In re Cabot, 537 F. Appx
891, 894 (11th Cir. 2013) (citing In re
Williams, 216 F.3d 1295, 1298 (11th Cir.
2000)).
Courts may permit appellants to file up
to twenty-one days late "upon a showing of
excusable neglect." Fed. R. Bankr. P.
8002(c)(2). The appellant must demonstrate
excusable neglect, however, and a notice of
appeal is insufficient to do so. See In re
Williams, 216 F.3d at 1297-98 (holding that
a late notice of appeal cannot be construed
as a motion for extension of time due to
excusable neglect).

The Bankruptcy Judge's Order was
entered on July 15, 2013. ECF No. 2-1 at 8.
Ricks's first appeal was filed August 10,
2013—more than fourteen days after the
entry of the order she appealed from. See
ECF No. 2. In addition, after the dismissal
of her first appeal on March 19, 2014, more
than three months passed before Ricks filed
her "re-appeal" on July 7, 2014. See ECF
No. 8. At no point did Ricks file a motion
purporting to show excusable neglect.
Because no timely notice of appeal was
filed, the Court lacks jurisdiction to hear this
case. Therefore, the Court DISMISSES
Ricks's appeal. The Court also
DISMISSES the bankruptcy trustee's
Motion to Dismiss, ECF No. 9, as moot.

This

L day of November 2014.

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114;

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B. AVA EDEMELD, JUDB
UNITED STATES DISTRICT 4OURT
SOUTHERN DISTRICT OF GEORGIA