Emann v. Latture

Summary

The Tenth Circuit held that the failure to file a bankruptcy appeal within the time prescribed by Federal Rule of Bankruptcy Procedure 8002(a) is a jurisdictional defect. The court affirmed the Bankruptcy Appellate Panel's dismissal of Rodger Latture's appeal as untimely, concluding that the bankruptcy judgment was entered on November 14, 2008, making November 24 the filing deadline. The court also rejected arguments concerning calendar computation, application of the Federal Rules of Appellate Procedure, excusable neglect, and alleged duplicate docket entries.

Holdings

1. The effective date of entry was November 14, 2008, the date the clerk entered the judgment on the official docket, rather than November 13, the date appearing on the signed judgment.
2. Failure to file a timely notice of appeal from a bankruptcy court order under Rule 8002(a) is a jurisdictional defect that bars appellate review.
3. The Federal Rules of Appellate Procedure do not govern an appeal taken from a bankruptcy court directly to a Bankruptcy Appellate Panel; the Bankruptcy Rules govern that appeal.
4. Latture was not entitled to an extension because he did not file a motion within the period permitted by Rule 8002(c), and lack of notice did not extend the appeal deadline.

Questions Presented

1. Whether the bankruptcy court's judgment was entered on November 13 or November 14, 2008 for purposes of calculating the appeal period.
2. Whether the ten-day filing deadline in Federal Rule of Bankruptcy Procedure 8002(a), as incorporated by 28 U.S.C. § 158(c)(2), is jurisdictional.
3. Whether the Federal Rules of Appellate Procedure, rather than the Bankruptcy Rules, governed computation of the time for Latture's appeal to the Bankruptcy Appellate Panel.
4. Whether Latture was entitled to relief based on excusable neglect, lack of notice, or the alleged duplicate docket entries.

Disposition

affirmed