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UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-41191
In The Matter Of: DON VICENTE MACIAS, INCORPORATED,
Debtor.
DON VICENTE MACIAS, INCORPORATED,
Appellant-Cross-Appellee,
versus
TEXAS GULF TRAWLING COMPANY, INCORPORATED;
ZIMCO MARINE INCORPORATED;
MARINE RAILWAY INCORPORATED,
Appellees/Cross-Appellants.
No. 98-40029
In The Matter Of: CICLON NEGRO, INC.,
Debtor.
CICLON NEGRO, INC.,
Appellee,
versus
TEXAS GULF TRAWLING COMPANY, INCORPORATED,
Appellant.
No. 98-40030
In The Matter Of: DON VICENTE MACIAS, INCORPORATED,
CICLON NEGRO, INC.,
TEXAS GULF TRAWLING COMPANY, INCORPORATED,

Appellant,
versus
DON VICENTE MACIAS, INCORPORATED,
Appellee.
Appeals from the United States District Court
for the Southern District of Texas
March 4, 1999
Before JONES, SMITH, and EMILIO M. GARZA, Circuit Judges.
EDITH H. JONES, Circuit Judge:
As part of the debtors' chapter 11 bankruptcy proceeding,
Texas Gulf Trawling ("Texas Gulf") filed a proof of claim in the
amount of $370,000. In addition to objecting to the proof of
claim, the debtors filed adversary proceedings challenging the
secured status of Texas Gulf's proof of claim. In two separate
proceedings, the bankruptcy court approved Texas Gulf's proof of
claim in the amount of $300,000 and ruled that Texas Gulf held a
valid lien in that amount. The bankruptcy court's first opinion,
rendered in July 1995, was later incorporated into an opinion and
final order entered on December 19, 1995.
According to the record, no party filed a notice of
appeal within the ten day deadline prescribed by the Federal Rules
of Bankruptcy Procedure. See Fed. R. Bank. Proc. 8002(a) ("The
notice of appeal shall be filed with the clerk within 10 days of
the date of the entry of judgment, order, or decree appealed
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from."). Appellant Ciclon Negro filed a Motion for Leave to Appeal
on January 19, 1996 and attached as an appendix thereto a Notice of
Appeal. In addition, appellant Don Vicente Macias filed a Motion
for Leave to Appeal on February 12, 1996. Many months later, in
May 1997, the district court denied the debtors' motions, dismissed
the appeals, and remanded the matter to the bankruptcy court for
continued administration. Under the circumstances, the remand
order was superfluous, since refusal to grant the appeals made the
bankruptcy court's decision final.
"Failure to file a timely notice [of appeal] deprives the
district court of jurisdiction to consider the appeal." Solomon v.
Smith, 41 F.3d 1024, 1026 (5th Cir. 1995). Because the district
court did not have jurisdiction to review the merits, this court
lacks jurisdiction over the merits raised on appeal by Don Vicente
Macias and Texas Gulf. See Arbuckle v. First Nat'l Bank of Oxford,
988 F.2d 29, 32 (5th Cir. 1993). We therefore affirm the district
court's dismissal of the appeal.
AFFIRMED.
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