Wolkin v. Southwest Resource Preservation, Inc.
Wolkin v. Southwest Resource Preservation, Inc.
Opinion of the Court
MEMORANDUM
Robert S. Wolkin filed an interpleader action in federal district court to determine all claims to $123,910.24 he held in his client trust fund. David Bartoli and Janet Kennington appeal from the district court’s judgment awarding the funds held in interpleader to Southwest Resource Preservation, Inc., with appropriate attorney fees to Wolkin. Because Bartoli and Kennington’s brief fails to comply with the Federal Rules of Appellate Procedure, we dismiss the appeal.
We have dismissed appeals for similar violations. See N/S Corp. v. Liberty Mut. Ins. Co., 127 F.3d 1145, 1146 (9th Cir. 1997); Han v. Stanford Univ., 210 F.3d 1038, 1040 (9th Cir. 2000); Cmty. Commerce Bank v. O’Brien, 312 F.3d 1135, 1137 (9th Cir. 2002). We note that although Bartoli and Kennington were given notice of the deficiencies by Southwest’s answering brief, they failed to make any attempt to correct them when they did not file a reply brief. See Han, 210 F.3d at 1040 (dismissal warranted where appellant failed to correct the “glaring deficiencies” when he did not file a reply brief).
APPEAL DISMISSED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.