Debra Lohri v. Specialized Loan Servicing ( 2018 )

Case: 18-40174 Document: 00514750732 Page: 1 Date Filed: 12/06/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 18-40174 FILED
Summary Calendar December 6, 2018
Lyle W. Cayce
Clerk
In the Matter of:
DEBRA ANN LOHRI,
Debtor.
DEBRA ANN LOHRI,
Appellant,
versus
SPECIALIZED LOAN SERVICING, L.L.C.,
Appellee.
Appeal from the United States District Court
for the Eastern District of Texas
No. 4:17-CV-866
Before SMITH, WIENER, and WILLETT, Circuit Judges.
PER CURIAM: *
Debra Lohri’s notice of appeal from the bankruptcy court to the district
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in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.
Case: 18-40174 Document: 00514750732 Page: 2 Date Filed: 12/06/2018
No. 18-40174
court arrived at the office of the bankruptcy clerk a few days after the due date.
She appeals the dismissal of that appeal, contending that we should expand
the “mailbox rule” to make it available beyond just prisoners. Rule 8002 of the
Federal Rules of Bankruptcy Procedure, entitled “Time for filing Notice of
Appeal,” includes an exception, in subsection (c), for “Appeal by an Inmate
Confined in an Institution.”
Lohri is not an inmate, so the usual rule applies to her. In Wright v. Kite
Brothers, L.L.C. (In re Kite), 710 F. App’x 628, 631−32 (5th Cir. 2018) (per
curiam), we carefully explained that Rule 8002 is jurisdictional. See Dorsey v.
U.S. Dep’t of Educ., 870 F.3d 359, 362 (5th Cir. 2017); Smith v. Gartley (In re
Berman-Smith), 737 F.3d 997, 1003 (5th Cir. 2013).
The judgment of dismissal for want of jurisdiction is AFFIRMED.
2