OpenJurist

917 F2d 566 Chabot City National Bank v. Chabot B

917 F.2d 566

Unpublished Disposition

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.

In re Sandor CHABOT and Betty B. Chabot, Debtors.
CITY NATIONAL BANK, Plaintiff-Appellee,
v.
Sandor CHABOT and Betty B. Chabot, Defendants-Appellants.

No. 90-55085.

United States Court of Appeals, Ninth Circuit.

Submitted Oct. 23, 1990.*
Decided Oct. 26, 1990.

Before HUG, NELSON and LEAVY, Circuit Judges.

1

MEMORANDUM**

2

Sandor and Betty B. Chabot appeal the district court's order denying their motion to reopen their appeal from the bankruptcy court's order denying their motion to avoid the lien of City National Bank. The district court denied the motion on the ground that the appeal was untimely.

3

Bankruptcy Rule 8002(a) provides that a "notice of appeal shall be filed ... within 10 days of the date of the entry of the judgment, order, or decree appealed from." See Greene v. United States (In re Souza ), 795 F.2d 855, 857 (9th Cir.1986). The bankruptcy court entered its order on May 4, 1989. The Chabots filed their notice of appeal thirteen days later on May 17, 1989.

4

At the time the Chabots filed their notice of appeal, Rule 9006(a) provided that for purposes of calculating the ten-day limit, intermediate weekends and legal holidays should be excluded.1 In this case, there were two intermediate weekends between May 4 and May 17, a total of four days, which should not have been counted. Thus, the Chabots actually filed their notice of appeal within nine days of the entry of the bankruptcy court's order. Their notice of appeal was therefore timely. See Bankr.R. 8002(a); 9006(a).

5

Although we find that the Chabots' appeal to the district court was timely, we cannot accept jurisdiction over this appeal because the matter is on remand to the bankruptcy court, which appears to be unnecessary.

6

DISMISSED.

*

The panel unanimously finds this case suitable for disposition without oral argument. Fed.R.App.P. 34(a); 9th Cir.R. 34-4

**

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

1

Effective August 1, 1989, Rule 9006(a) was amended so that intermediate weekends and legal holidays are no longer excluded when calculating the ten-day time period. Because the Chabots filed their notice of appeal on May 17, 1989, the amendment does not affect this case