Opinion
CIVIL ACTION NO. 5:16-cv-56(DCB)(MTP) CASE NO. 15-01271-NPO ADV. PROC. NO. 15-00046-NPO
10-26-2016
JOHN LAIRD APPELLANT v. VALERIE DENISE NICKELSON APPELLEE IN RE: VALERIE DENISE NICKELSON, DEBTOR VALERIE DENISE NICKELSON PLAINTIFF v. FRANKLIN CHECK SERVICE, LLC, and JOHN LAIRD DEFENDANTS
CHAPTER 13
ORDER
This bankruptcy appeal is before the Court sua sponte to address the appellant John Laird's failure to file an appellate brief. The appellee previously filed a motion to dismiss based on the appellant's failure to file a timely brief. Instead of granting the motion, the Court granted the appellant additional time, until October 6, 2016, to file his brief. Forty-eight days have passed since the appellant's brief was originally due.
The Court now finds that the appeal should be dismissed for the appellant's failure to prosecute his appeal. See In re Salter, 251 B.R. 689, 692 (S.D. Miss. 2000). The United States Court of Appeals for the Fifth Circuit has affirmed dismissals of bankruptcy appeals when the appellant failed to file a brief within the required initial period. See International Brotherhood of Teamsters v. Braniff Airways, Inc., 774 F.2d 1303 (5 Cir. 1985); Pyramid Mobile Homes, Inc. v. Speake, 531 F.2d 743 (5 Cir. 1976).
Accordingly,
IT IS HEREBY ORDERED that this bankruptcy appeal be dismissed with prejudice.
A Final Judgment in accordance with Rule 58 of the Federal Rules of Civil Procedure will be entered this day.
SO ORDERED, this the 26th day of October, 2016.
/s/ David Bramlette
UNITED STATES DISTRICT JUDGE