Theodore

Theodore v. Daglas (In re D.W.G.K. Restaurants, Inc.)

Good Law
42 F.3d 568
United States Court of Appeals for the Ninth CircuitDecember 14, 1994Nos. 92-56350, 92-56513, 92-56517, 92-56518 and 92-56521California824 words

Opinion

Lead Opinion

Kleinfeld, J.

We dismiss these appeals on jurisdictional grounds. The notices of appeal were filed too late.

FACTS

D.W.G.K. Restaurants filed for bankruptcy. As part of the chapter 11 proceedings, the bankruptcy estate brought an adversary proceeding against Peter Theodore (also known as Peter Kaye), Mary Kaye, and some companies they controlled. The Kayes lost. The bankruptcy court confirmed a chapter 11 plan to which they objected. The Kayes timely appealed the confirmation order to the district court.

The bankruptcy court clerk was extremely slow in transmitting the records to the district court so that it could proceed with the appeal. The Kayes had never obtained a stay of the bankruptcy court orders. By the time the clerk had sent the records up, the actions required by the reorganization plan had been substantially completed. The district court therefore dismissed the Kaye appeals as moot.

The orders dismissing the appeals as moot were entered June 16 and 17. On July 6, the Kayes filed motions for rehearing as to these orders. On September 8, the district court held a hearing in connection with the motions for rehearing. The district court entered orders between September 29 and…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.