Background
Don Karl Juravin and Anna Juravin, proceeding pro se, appealed from a district court order affirming a bankruptcy court judgment and granting a motion to supplement a vexatious litigant injunction. The Juravins had emailed a notice of appeal to the bankruptcy court relying on a COVID-era administrative order that the court had vacated prior to the filing deadline. The defendants argued the court lacked jurisdiction because the appeal was not filed according to rules.
The court’s reasoning
The court determined that the district court lacked jurisdiction because the notice of appeal was never filed in compliance with the applicable rules. The bankruptcy court entered its final judgment on October first, two thousand and twenty-four, requiring a notice of appeal by October fifteenth. The Juravins emailed the notice on October fourteenth, relying on a vacated administrative order. Despite learning of the non-compliance, they did not file a motion for an extension based on excusable neglect or properly file the notice by paper. The court cited that the timely filing of a notice of appeal is a jurisdictional requirement and that pro se litigants must conform to procedural rules.
What it means going forward
The district court’s final judgment and vexatious litigant injunction order are vacated, and the appeal from the bankruptcy court is dismissed without prejudice.
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