Rodriguez Sarmiento v. Rodriguez Sarmiento

MEMORANDUM **

On multiple grounds, Maria Sarmiento appeals the district court’s judgment after a bench trial in favor of Gerardo and Rubina Sarmiento. (For clarity, we will refer to these individuals by their first names.) As the parties are familiar with the facts, procedural history, and arguments, we will not repeat them here except as is necessary. We dismiss the appeal for lack of jurisdiction.

I

All federal actions must be prosecuted in the name of the real party in interest. Fed.R.Civ.P. 17(a). An appeal that is not prosecuted in the name of the real party in interest must be dismissed for lack of standing. See Turner v. Cook, 362 F.3d 1219, 1225 (9th Cir.2004); First State Bank of N. Cal. v. Bank of Am., 618 F.2d 603 (9th Cir.1980).

In this case, the appellant died while the appeal was pending. Under Fed. R.App. P. 43, a substitution of parties must be accomplished. If substitution is not accomplished within a reasonable time, the appeal must be dismissed. Johnson v. Morgenthau, 160 F.3d 897, 898-99 (2d Cir.1998); Ward v. Edgeton, 59 F.3d 652, 653-54 (7th Cir.1995); Crowder v. Housing Auth. of City of Atlanta, 908 F.2d 843 , 846 n. 1 (11th Cir.1990); Gamble v. Thomas,…