Unpublished Disposition, 911 F.2d 737 (9th Cir. 1990)

MEMORANDUM^** 

Chapter XII debtors, Ben W. Allustiarte and Linda M. Allustiarte ("the Allustiartes") appeal pro se the district court's order affirming the bankruptcy court's award of compensation to Dennis Hauser, the trustee of the Allustiartes' bankruptcy estate.

In this circuit, it is a jurisdictional prerequisite that parties proceeding pro se must personally sign the notice of appeal. See Carter v. Commissioner, 784 F.2d 1006, 1009 (9th Cir. 1986). Here, the record indicates that neither Ben nor Linda Allustiarte signed the notice of appeal. The only signature appearing on the notice of appeal is that of the appellants' son, Gregory A. Allustiarte. The record does not indicate that Gregory Allustiarte is a proper party to this appeal.

The Allustiartes argue that this court should not dismiss this appeal because respondents have treated Gregory Allustiarte, and the other Allustiarte children as their alter egos. This argument is without merit. Pro se parties to an appeal must personally sign the notice of appeal. See id.

The Allustiartes' argument that this court should not dismiss this appeal because lack of jurisdiction was not raised in earlier proceedings is also without merit. Where a procedural requirement is jurisdictional, failure to comply with that procedure divests this court of subject matter jurisdiction. Billingsley v. Commissioner, 868 F.2d 1081, 1085, (9th Cir. 1989). Lack of subject matter jurisdiction is never waived, and this court is under a continuing duty to dismiss an action whenever it appears that this court does not have jurisdiction. See id. Because neither of the Allustiartes signed the notice of appeal, we are without jurisdiction to hear the merits of their appeal. See Carter, 784 F.2d at 1009. Accordingly, the appeal is dismissed.¹ 

DISMISSED.