Brett Marino v. Joe Seeley, No. 10-3685 (8th Cir. 2011)

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Court Description: Civil case - Bankruptcy. Appeal from Bankruptcy Appellate Panel decision was untimely, and the appeal is dismissed.

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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 10-3685 ___________ In re: Brett William Marino, Debtor, ----------Brett William Marino, Appellant, v. Joe Seeley, Appellee. * * * * * Appeal from the United States * Bankruptcy Appellate Panel * for the Eighth Circuit. * * [UNPUBLISHED] * * * * * ___________ Submitted: December 7, 2011 Filed: December 8, 2011 ___________ Before LOKEN, BYE, and COLLOTON, Circuit Judges. ___________ PER CURIAM. Brett Marino seeks to appeal from the Bankruptcy Appellate Panel s dismissal of his complaint against Joe Seeley. Having carefully reviewed the record, we find that Marino s notice of appeal, filed on November 26, 2010, was untimely, as it was filed more than 30 days after the Bankruptcy Appellate Panel entered judgment on October 25, 2010. See Fed. R. App. P. 4(a)(1)(A); Fed. R. App. P. 6(b)(1). Accordingly, we dismiss the appeal. See Dieser v. Cont l Cas. Co., 440 F.3d 920, 923 (8th Cir. 2006). ______________________________ -2 -

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