Debra Lohri v. Specialized Loan Servicing

• Court: Court of Appeals for the Fifth Circuit
• Decided: December 6, 2018
• Docket: 18-40174
• Status: Unpublished

Opinion

Case: 18-40174 Document: 00514750732 Page: 1 Date Filed: 12/06/2018

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

No. 18-40174 FILED Summary Calendar December 6, 2018 Lyle W. Cayce Clerk

In the Matter of:

DEBRA ANN LOHRI, Debtor.

DEBRA ANN LOHRI, Appellant, versus

SPECIALIZED LOAN SERVICING, L.L.C.,

Appellee.

Appeal from the United States District Court for the Eastern District of Texas No. 4:17-CV-866

Before SMITH, WIENER, and WILLETT, Circuit Judges. PER CURIAM: *

Debra Lohri’s notice of appeal from the bankruptcy court to the district

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Case: 18-40174 Document: 00514750732 Page: 2 Date Filed: 12/06/2018

No. 18-40174

court arrived at the office of the bankruptcy clerk a few days after the due date. She appeals the dismissal of that appeal, contending that we should expand the “mailbox rule” to make it available beyond just prisoners. Rule 8002 of the Federal Rules of Bankruptcy Procedure, entitled “Time for filing Notice of Appeal,” includes an exception, in subsection (c), for “Appeal by an Inmate Confined in an Institution.”

Lohri is not an inmate, so the usual rule applies to her. In Wright v. Kite Brothers, L.L.C. (In re Kite), 710 F. App’x 628, 631−32 (5th Cir. 2018) (per curiam), we carefully explained that Rule 8002 is jurisdictional. See Dorsey v. U.S. Dep’t of Educ., 870 F.3d 359, 362 (5th Cir. 2017); Smith v. Gartley (In re Berman-Smith), 737 F.3d 997, 1003 (5th Cir. 2013).

The judgment of dismissal for want of jurisdiction is AFFIRMED.