Lloyd v. Prajna Group, Inc.

Filing 7

MEMORANDUM OPINION AND ORDER signed by Judge Charles R. Simpson, III on 1/19/2010. For the reasons set forth, Appellee's Motion to Dismiss for Lack of Jurisdiction 4 is DENIED. cc: Counsel (RLK)

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT LOUISVILLE ROBERT VAUGHN LLOYD v. APPELLANT CIVIL ACTION NO. 3:09CV-848-S BANKR. ACTION NO. 08-33673

PRANJA GROUP, INC., d/b/a LIBERTY MORTGAGE FUNDING MEMORANDUM OPINION AND ORDER

APPELLEE

This matter is on appeal from an order of summary judgment entered by the United States Bankruptcy Court for the Western District of Kentucky. The appellee, John R. Wilson, Trustee for the Estate of Pranja Group, Inc., d/b/a Liberty Mortgage Funding, has moved to dismiss the appeal for failure to comply with Fed.R.Bankr.P. 8001(a) which states, in part: The notice of appeal shall (1) conform substantially to the appropriate Official Form, (2) contain the names of all parties to the judgment, order, or decree appealed from and the names, addresses, and telephone numbers of their respective attorneys, and (3) be accompanied by the prescribed fee. The Trustee contends that dismissal is mandated as neither the Trustee nor Texas Capital Bank was specifically named in the Notice of Appeal. As stated in Vergos v. Uncle Bud's, Inc., 1998 WL 652542, *2 (M.D.Tenn. Aug. 17, 1998), "[a]lthough the Rule [8001(a)] states that the notice of appeal shall contain the names of all parties to the order, it is clear that the failure to include all parties does not affect the validity of the appeal unless it somehow relates to the timely filing of the notice of appeal. Accordingly, courts have found that the failure to specifically name the appealing party violates the time limits for filing a notice of appeal and thus deprives the court of jurisdiction over the unnamed appellant. [citations omitted]." Noting the similarities between Fed.R.Bankr.P. 8001(a) and Fed.R.App.P. 3(c), the court in Vergos cited and relied upon Felts v. Campbell, 134 F.3d 371, 1998 WL 13403 (6th Cir. Jan. 7,

1998), in which the United States Court of Appeals for the Sixth Circuit held that an appellate court does not lack jurisdiction where the notice of appeal fails to name a party as an appellee. We find Vergos and the authority cited therein to be dispositive of the question before this court. The failure of Appellant Robert Vaughn Lloyd to name the Trustee and Texas Capital Bank did not divest this court of jurisdiction over the appeal. Therefore, the motion of the appellee, Trustee John R. Wilson, to dismiss the appeal (DN 4) is DENIED.

IT IS SO ORDERED.

January 19, 2010

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