This Ninth Circuit case involves bankruptcy courts and appeals to district courts, which we will discuss in a few weeks. But it involves appeals and timing and illustrates what we discussed last week: A party must understand when an order is final even if if does not plan to immediately appeal, because it may have no choice--a final order must be appealed
The bankruptcy court (the lowest court) entered an order (vacating a stay) that is understood as final (through a doctrine functionally equivalent to the COD). The adversely affected party did not appeal it at the time, continuing to litigate other issues. The later attempt to appeal was untimely.
