SARA LIOI, District Judge.
Before the Court are motions to dismiss filed separately by appellees Hahn, Loeser & Parks, LLP, Lawrence E. Oscar, and Andrew Krause (Doc. No. 5) and by appellee Huntington National Bank (Doc. No. 7.) Appellant filed a combined brief in opposition. (Doc. No. 11.) The appellees filed their separate reply briefs. (Doc. Nos. 12 and 13, respectively.) For the reasons discussed herein, the motions to dismiss are granted.
The parties here have set forth some of the underlying factual and procedural background, and appellant has briefed the underlying legal issues.
On October 7, 2015, appellant Schwab Industries, Inc. (who was the debtor in a Chapter 11 proceeding and the plaintiff in the adversary proceeding from which this appeal arises), filed its notice of appeal to this Court from two orders of the bankruptcy court, the first dated October 27, 2014 and the second dated September 21, 2015. For purposes of a timeliness analysis, only the second order is relevant.
Fed. R. Bankr. P. 8002(a) provides: "Except as provided in subdivisions (b) and (c), a notice of appeal must be filed with the bankruptcy clerk within 14 days after entry of the judgment, order, or decree being appealed." Subdivision (b) deals with the effect on this 14-day period of the filing of certain motions in the bankruptcy court: to amend or make additional findings, to alter or amend a judgment, for a new trial, or for relief from a judgment or order.
With some exceptions, "the bankruptcy court may extend the time to file a notice of appeal upon a party's motion[.]" Fed. R. Bankr. P. 8002(d)(1). Here, appellant filed no motion with the bankruptcy court (or with this Court) seeking an extension of time.
Even if the Court were to construe this as an interlocutory appeal, which appellant appears to advocate,
"Cases interpreting Rule 8002 hold that the rule shall be strictly construed and that timely filing [of a notice of appeal] is a jurisdictional requirement." In re HML II, Inc., 234 B.R. 67, 73 (6th Cir. BAP 1999) (internal quotation marks and citations omitted), aff'd 215 F.3d 1326, 2000 WL 659140 (6th Cir. May 11, 2000) (Table, text in WESTLAW); see also Suhar v. Burns (In re Burns), 322 F.3d 421, 429-30 (6th Cir. 2003) (failure to comply with the time requirement, or to timely seek an extension, deprives the appellate court of jurisdiction).
Because the notice of appeal was not timely filed, this Court lacks jurisdiction. Therefore, the two motions to dismiss (Doc. Nos. 5 and 7) are granted.