Appellate Law

CA1: file the notice of appeal right

By S. COTUS

In Re: High Voltage Engineering Corporation, No. 07-2589.  Selya kicks this decision off with a pithy saying.  Despite the bankruptcy issues, this is resolved on procedural grounds, i.e. that the notice of appeal to the district court was inadequate if it is filed into the bankruptcy petition.  Strangely, the bankruptcy court issued an order denying relief in another petition (and, I guess, the petitioners could have appealed from that order).  But, they didn?t.  Selya ends by saying that they were not consolidated and even if they were, in the First consolidated cases are distinct for appeal purposes. 

Full post as published by Appellate Law and Practice on October 06, 2008 (boomark / email).