Federal Appeals Court Appoints Brannock Berman & Seider As Counsel, Agrees with Firm’s Arguments in Bankruptcy Appeal

In a published decision on an issue of first impression, the Eleventh Circuit Court of Appeals embraced arguments raised by Brannock Berman & Seider that a signature defect in a notice of appeal is not an incurable jurisdictional flaw.

The appeal arose from a strange and unfortunate series of events. While their lawyer had a pending motion to withdraw, the bankruptcy court dismissed the debtors’ Chapter 13 case. But when the debtors filed a timely pro se notice of appeal, the bankruptcy court struck the notice because it was not signed by their counsel. Later, after their lawyer was given permission to withdraw, the debtors filed a second pro se notice of appeal. But because the second notice was filed after the 14-day deadline to appeal, the district court dismissed the debtors’ appeal for lack of jurisdiction.

The Eleventh Circuit appointed Brannock Berman & Seider as counsel for the appellants for the purpose of briefing the jurisdictional issue. After reviewing the firm’s briefs and with the benefit of oral argument, the Eleventh Circuit concluded that the district court had jurisdiction and vacated its judgment. The appellate court ruled that a signature defect in a notice of appeal can be cured and does not deprive an appellate court of jurisdiction.