Joling et al v. Charter

Filing 11

OPINION AND ORDER: Granting Motion to Dismiss 10 . The debtors' Appeal is hereby dismissed. Signed on 6/2/14 by Chief Judge Ann L. Aiken. (ljb)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

In re:
Ronald D. Joling and
Dorothea J. Joling,

Case No. 6:14-cv-00404-AA
Bankr. No. 11-66166-fra7
Adv. Proc. No. 12-06043-fra

Debtors.
Joseph J Charter,
Plaintiff,
v.

Antioch Ministries,
Defendant.
AIKEN, Chief Judge:
Debtors Ronald and Dorothea Joling, appearing pro se, appeal
a ruling of the Bankruptcy Court. Plaintiff-appellee Charter moves
for an order dismissing the appeal, on grounds that the debtors did
not

file

a

timely

notice

of

appeal

and

the

court

jurisdiction over the appeal. The motion is granted.
1 - OPINION AND ORDER

thus

lacks

On December 2,
Motion

for

Relief

2013,
from

defendant Antioch Ministries

Declaratory

proceeding. On January 10, 2014,
motion. On January 27,
The

debtors

did

Judgment

in

the

filed a

adversary

the bankruptcy court denied the

2014, appellant filed a notice of appeal.

not

file

a

motion

to

extend

time

with

the

bankruptcy court. On March 17, 2014, appellee moved to dismiss on
the ground that the debtors' notice of appeal was untimely.
P.. notice of appeal must be filed "within 14 days of the date

of the entry of the

judgment,

order,

or decree appealed from."

Fed. R. Bankr. P. 8002(a). "The provisions of Bankruptcy Rule 8002
are

jurisdictional;

deprives

the

the

untimely

appellate

court

filing

of

of

a

notice

jurisdiction

to

of appeal
review

the

bankruptcy court's order." In re Mouradick, 13 F.3d 326, 327 (9th
Cir. 1994). Thus,

if a notice of appeal is not filed in a timely

matter, the district court lacks authority to hear the appeal.
Here,
fourteen-day

debtors

filed

appeal

their

period.

notice

Further,

debtor

written motion to

the bankruptcy court

filing an appeal.

Fed.

R.

Bankr.

P.

of

appeal
failed

beyond
to

file

to extend the time

8002 (c) (1).

the
a

for

The court must

adhere to the law as set forth by the Federal Bankruptcy Rules and
the Court of Appeals

for the Ninth Circuit.

appellant's notice of appeal is untimely,
authority to hear this appeal.

Ill

2 - OPINION AND ORDER

Under those rules,

and the court has no

CONCLUSION
Appellee's Motion to Dismiss Appeal (doc. 10) is GRANTED. The
debtors' Appeal is HEREBY DISMISSED.
IT IS SO ORDERED.
DATED this

~day

of June, 2014.

Ann Aiken
United States District Judge

3 - OPINION AND ORDER