Christopher Krabill v. Countrywide Bank, FS
Opinion
Appellant Kevin Bierwirth moves this court to dismiss his appeal for lack of jurisdiction and to remand the case to the state court from which it was removed. He argues that the district court never possessed jurisdiction over the case.
However, we must “examine the basis of our jurisdiction, on our own motion, if necessary.” 1 Bierwirth’s notice of appeal was filed on August 16, 2013, thirty-one days after the district court’s entry of final judgment on July 16, 2013. Federal Rule of Appellate Procedure 4 provides that a notice of appeal “must be filed with the district clerk within 30 days after entry of the judgment or order appealed from.” 2 As the Supreme Court has made clear, a party’s failure to take an appeal within the prescribed time precludes our jurisdiction. 3 Accordingly, Bierwirth’s appeal is DISMISSED.
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
. Hill v. City of Seven Points, 230 F.3d 167, 169 (5th Cir. 2000) (internal citations, quotation marks, and alterations omitted).
. Fed. R.App. P. 4(a)(1)(A).
. Bowles v. Russell, 551 U.S. 205, 209, 127 S.Ct. 2360, 168 L.Ed.2d 96 (2007).
Reference
- Full Case Name
- Kevin BIERWIRTH, Plaintiff-Appellant, v. COUNTRYWIDE BANK, FSB; Bank of America, N.A., as Successor by Merger to BAC Home Loans Servicing, L.P., Formerly Known as Countrywide Home Loans; Mortgage Electronic Registration Systems, Incorporated, (Mers); Barrett Daffin Frappier Turner & Engel, L.L.P.; Luis Roldan, Defendants-Appellees
- Status
- Unpublished