Laird v. Nichelson et al

Filing 10

ORDER dismissing appellant's bankruptcy appeal for failure to file appellant brief. Signed by Honorable David C. Bramlette, III on 10/26/2016 (ECW)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
JOHN LAIRD
VS.

APPELLANT
CIVIL ACTION NO. 5:16-cv-56(DCB)(MTP)

VALERIE DENISE NICKELSON

APPELLEE

_________________________________________________________________
IN RE: VALERIE DENISE NICKELSON,
DEBTOR

CASE NO. 15-01271-NPO
CHAPTER 13

VALERIE DENISE NICKELSON

PLAINTIFF

VS.

ADV. PROC. NO. 15-00046-NPO

FRANKLIN CHECK SERVICE, LLC,
and JOHN LAIRD

DEFENDANTS
ORDER

This bankruptcy appeal is before the Court sua sponte to
address the appellant John Laird’s failure to file an appellate
brief.

The appellee previously filed a motion to dismiss based on

the appellant’s failure to file a timely brief.

Instead of

granting the motion, the Court granted the appellant additional
time, until October 6, 2016, to file his brief.

Forty-eight days

have passed since the appellant’s brief was originally due.
The Court now finds that the appeal should be dismissed for
the appellant’s failure to prosecute his appeal. See In re Salter,
251 B.R. 689, 692 (S.D. Miss. 2000).

The United States Court of

Appeals for the Fifth Circuit has affirmed dismissals of bankruptcy
appeals when the appellant failed to file a brief within the

required

initial

period.

See

International

Brotherhood

of

Teamsters v. Braniff Airways, Inc., 774 F.2d 1303 (5th Cir. 1985);
Pyramid Mobile Homes, Inc. v. Speake, 531 F.2d 743 (5th Cir. 1976).
Accordingly,
IT IS HEREBY ORDERED that this bankruptcy appeal be dismissed
with prejudice.
A Final Judgment in accordance with Rule 58 of the Federal
Rules of Civil Procedure will be entered this day.
SO ORDERED, this the 26th day of October, 2016.

/s/ David Bramlette
UNITED STATES DISTRICT JUDGE

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