# In re Har-Dway House Statuary, Inc.

> District Court, E.D. Missouri · September 13, 1977 · 76 F.R.D. 204

URL: https://www.frixlaw.com/law-library/cases/9322564

## Case

- **Full name:** In re HAR-DWAY HOUSE STATUARY, INC., Bankruptcy
- **Court:** District Court, E.D. Missouri
- **Decided:** September 13, 1977
- **Citations:** 76 F.R.D. 204; 1977 U.S. Dist. LEXIS 14043
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Wangelin
- **Judges:** Wangelin
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9322564

## Opinion text

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, *205 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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9322564. Public record. Not legal advice.