(DOWNLOAD) "Nielsen v. Price" by United States Court of Appeals for the Tenth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Nielsen v. Price
- Author : United States Court of Appeals for the Tenth Circuit
- Release Date : January 23, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
Plaintiffs, acting pro se, seek review of a district court order dismissing their appeal from an adverse judgment of the bankruptcy court. The district court concluded that, "although [plaintiffs] filed a timely Notice of Appeal . . ., they have failed to comply with any of the other pertinent rules governing an appeal from the Bankruptcy Court." R. Vol. I tab 7, at 1. Specifically, the district court found plaintiffs had failed both to designate the record on appeal and to file a statement of the issues to be raised. See Bankr. R. 8006. Plaintiffs also did not file a brief within the time designated by the district court. See Bankr. R. 8009(a). Accordingly, the court exercised its discretionary authority under D. Utah R. 413 and Bankr. R. 8001 to dismiss the case for failure to prosecute. R. Vol. I tab 7, at 3. We review this ruling for an abuse of discretion. Balaber-Strauss v. Reichard (In re Tampa Chain Co.), 835 F.2d 54, 55 (2d Cir. 1987); International Bhd. of Teamsters v. Braniff Airways, Inc. (In re Braniff Airways, Inc.), 774 F.2d 1303, 1305 (5th Cir. 1985).
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