Smith v. Gartley, No. 13-50154 (5th Cir. 2013)Annotate this Case
The Gartleys filed an adversary proceeding in bankruptcy court against their former business partner, debtor, and his wife, co-debtor. The court concluded that In re Strangel remained good law, and the failure to file a timely notice of appeal in the district court leaves the district court without jurisdiction to hear the appeal. Because the district court did not have jurisdiction to hear debtor's appeal, the court dismissed the appeal for lack of jurisdiction, vacated the decision of the district court, and remanded with instructions to dismiss the appeal.
The court issued a subsequent related opinion or order on January 20, 2014.