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Lawyer Alexander Artis v. Robert C. Ray, 813 F.2d 1227, 4th Cir. (1987)
Lawyer Alexander Artis v. Robert C. Ray, 813 F.2d 1227, 4th Cir. (1987)
2d 1227
Unpublished Disposition
Lawyer Alexander Artis appeals from the district court's dismissal of his appeal
from a bankruptcy court decision for failure to file a designation of record
within ten days of filing his appeal. The district court found no excusable
neglect in Artis's failure to file a designation of record pursuant to Bankruptcy
Rule 8006. This appeal followed; we affirm.
We have examined the record and the transcript of the hearing before the
district court. The uncontroverted facts are that Artis filed a timely notice of
appeal of the bankruptcy court's decision but then failed to comply with
Fed.R.Bank.P. 8006 which requires, among other things, that an appellant file a
Upon examination of the applicable bankruptcy rules and the transcript of the
hearing before the district court, we are unable to say that the district court
abused its discretion in dismissing Artis's appeal. Although "[a] dismissal with
prejudice is a harsh sanction which should not be invoked lightly in view of 'the
sound public policy of deciding cases on their merits,' " Davis v. Williams, 588
F.2d 69, 70 (4th Cir.1978) (quoting Reizakis v. Loy, 490 F.2d 1132, 1135 (4th
Cir.1974), we believe that Artis' inexcusable neglect in failing to designate the
record and the prejudicial effect of delay on the creditors justified dismissal of
the appeal.
AFFIRMED.