Summary
In Hobson v. Peake, 44 La. Ann. 384, 10 So. 762, the ruling was merely that a personal judgment obtained against an absentee by substituted service on a curator ad hoc, not accompanied by a seizure of property belonging to the defendant, was null for want of due process of law.
Summary of this case from Gamburg v. RayOpinion
No. 2008-7014.
February 6, 2008.
Appeal from the United States Court of Appeals for Veterans Claims in 05-0547, Judge Bruce E. Kasold.
Kevin L. Hobson, of Phoenix, Arizona, pro se.
Maame A.F. Ewusi-Mensah, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent-appellee. With him on the brief were Jeanne E. Davidson, Director, and Deborah A. Bynum, Assistant Director. Of counsel on the brief were Michael J. Timinski, Deputy Assistant General Counsel, and Tracey P. Warren, Attorney, United States Department of Veterans Affairs, of Washington, DC.
Before MAYER, BRYSON and GAJARSA, Circuit Judges.
Kevin Hobson appeals the judgment of the United States Court of Appeals for Veterans Claims, which reversed the Board of Veterans' Appeals decision denying service connection for his disabilities, because the Secretary did not fulfill his duty to assist under 38 U.S.C. § 5103A. Hobson v. Nicholson, No. 05-0547, 2006 WL 3844151 (Vet.App. Nov. 9, 2006). We dismiss the appeal.
This court lacks jurisdiction over this case because Hobson did not timely appeal, and the time limit for filing a notice of appeal is not subject to equitable tolling. Furthermore, Hobson prevailed in his appeal at the Veterans Court, so there would be no issue to be considered here in any event.