Eleventh Circuit Addresses Deadlines to Appeal Order of District Cou...

In a relatively brief opinion, the Eleventh Circuit Court of Appeals ruled on the deadlines for appealing an order from the District Court (acting as an appellate court for a Bankruptcy Court Order) to the Court of Appeals.  Appellants appealed a Bankruptcy Court Order to the District Court for the Northern District of Georgia.  On July 15, 2021 the District Court dismissed the appeal after finding that Appellants lacked standing, and a Judgment was entered the same day.  Four days later, on July 19, 2021, an Amended Judgment was entered that only corrected the court division in the header.  Appellants appealed the District Court Order and Judgment on August 17, 2021.

When an appeal is taken from a judgment or order of a district court exercising appellate jurisdiction in a bankruptcy appeal, the Federal Rules of Appellate Procedure apply with certain exceptions not relevant to this appeal. See Fed. R. App. P.
6(b)(1)(A). This includes Rule 4(a)(1), which provides that a notice of appeal must be filed with the district clerk within 30 days after entry of the judgment or order appealed from. Fed. R. App. P. 4(a)(1). If the last day of a period falls on a weekend or holiday, the period runs until the next day that is not a weekend or holiday. Fed. R. App. P. 26(a)… Because the amended judgment did not change a matter of substance or resolve a genuine ambiguity, the time to appeal did not begin anew. See FTC v. Minneapolis-Honeywell Reg. Co., 344 U.S. 206 (1952). Thirty days after the July 15 final judgment was a Saturday, August 14, so the period ran until Monday, August 16. See Fed. R. App. P. 4(a)(1), 6(b)(1), 26(a). [Appellant’s] August 17 notice of appeal was thus one day late.

Appellants also argued that the deadline to appeal should be extended three days because the judgment was received by mail. See Fed. R. Civ. Proc. 6(d) (“When a party may or must act within a specified time after being served and service is made under Rule 5(b)(2)(C) … 3 days are added after the period would otherwise expire under Rule 6(a)”).

But we have held that the 30-day requirement of Appellate Rule 4(a)(1) is not affected by former Civil Rule 6(e), now Civil Rule 6(d), because the time to appeal starts from entry of the judgment, not from service of the notice. See Fed. R. App. P. 4(a)(1); Lashley v. Ford Motor Co., 518 F.2d 749, 750 (5th Cir. 1975). Although Lashley was a civil case, Rule 4(a)(1) applies to appeals from an order of the district court exercising appellate jurisdiction in a bankruptcy appeal, and Lashley’s reasoning also applies here. See Fed. R. App. P. 4(a)(1), 6(b)(1). Therefore, [Appellants’] notice of appeal was untimely.

Appeal dismissed.

In re SUGARLOAF CENTRE, LLC., 2022 WL 663020 (11th Cir. March 4, 2022)

Scott Riddle’s practice focuses on bankruptcy and reorganization. Scott has represented businesses and other parties in Bankruptcy cases for almost 30 years.  You can contact Scott at 404-815-0164 or [email protected].  For more information, click here.