In re: Robert J. Dellamano

Filing 8

MEMORANDUM: Accordingly, the amended appeal will be dismissed. A separate order of dismissal will issue.. Signed by District Judge Carol E. Jackson on 5/5/16. (KKS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
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IN RE ROBERT J. DELLAMANO,

Case No. 4:15-CV-1885-CEJ

MEMORANDUM
Attorneys Dean D. Meriwether and Robert J. Dellamano appeal from several
orders of the United States Bankruptcy Court for the Eastern District of Missouri.
Meriwether filed the instant “notice of appeal” on December 18, 2015, represented
by Dellamano. [Doc. #1] The order that Meriwether appeals from was issued in a
case in which he is not a party and does not affect him. Dellamano also filed other
documents in this case indicating that he, not Meriwether, is the appellant. In any
event, on December 29, 2015, Dellamano filed an amended notice of appeal,
additionally challenging several of the bankruptcy court’s other orders. [Doc. #6]
On December 18, 2015, the Court issued a case management order. [Doc.
#3] The appellant was directed to file a brief within thirty days of the docketing of
the appeal, by January 18, 2016.

Id.

No motion was filed to amend the case

management order in light of the amended notice of appeal.

Further, despite

receiving notice in the case management order that a brief was required, appellant
did not file a brief in support of the appeal. See Fed. R. Bankr. P. 8014 (explaining
the required brief). Therefore, even assuming any of the orders appealed from are
reviewable in this Court, see 28 U.S.C. § 158(a), the appeal fails for want of
prosecution. Fed. R. Bankr. P. 8018(a)(4) (permitting a district court to “dismiss
the appeal on its own motion” where “an appellant fails to file a brief on time” after
notice).

Accordingly, the amended appeal will be dismissed.
A separate order of dismissal will issue.

CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE
Dated this 5th day of May, 2016.

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