Joling et al v. Charter, No. 6:2014cv00404 - Document 11 (D. Or. 2014)

Court Description: 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)

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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, Judgment in the filed a adversary the bankruptcy court denied the motion. On January 27, 2014, appellant filed a notice of appeal. The file debtors did not 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

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