In re Har-Dway House Statuary, Inc.

76 F.R.D. 204, 1977 U.S. Dist. LEXIS 14043

Opinion

MEMORANDUM

WANGELIN, District Judge.

This is an appeal from a decision of the Bankruptcy Court. The trustee, appellee here, has moved to dismiss the appeal for failure to prosecute. Appellant filed a timely notice of appeal in the Bankruptcy Court pursuant to Rule 801 of the Rules of Bankruptcy Procedure. A designation of record was filed and the Bankruptcy Court transmitted it to this Court on July 27, 1977. The appeal was docketed that same day.

Rule 808 of the Rules of Bankruptcy Procedure provides in part:

Unless a local rule or court order excuses the filing of briefs or provides for different time limits:

(1) the appellant shall serve and file his brief within 15 days after entry of the appeal on the docket .

Appellant has not filed a brief, requested on extension of time to file a brief, or even replied to appellee’s motion to dismiss. Under these circumstances the appeal will be dismissed for failure to prosecute. Cf. Jackson v. Hensley, 484 F.2d 992 (5th Cir. 1973); Childs v. Kaplan, 467 F.2d 628, 629 (8th Cir. 1972).