Southwest Administrators, Inc. v. Louis S. Lopez (1986)

Adm’rs, Inc. v. Lopez, 781 F.2d 1378, 1380 (9th Cir. 1986) (dismissing the appeal because of the appellant’s failure to provide a trial transcript).

Based on this rule, we have held that failure to provide relevant portions of a transcript may require dismissal of the appeal." Syncom Capital Corp. v. Wade, 924 F.2d 167, 169 (9th Cir.1991); accord, Portland Feminist Women's Health Ctr. v. Advocates for Life, Inc., 877 F.2d 787, 789 (9th Cir.1989); Southwest Admin'rs, Inc. v. Lopez, 781 F.2d 1378, 1378-80 (9th Cir.1986); Thomas v. Computax Corp., 631 F.2d 139, 141 (9th Cir.1980). 5 On appeal, Diamond contends that the dist…

This is precisely the situation the drafters of the 1985 amendment to Rule 83 sought to reach 5 See also Southwest Administrators, Inc. v. Lopez, 781 F.2d 1378, 1379-80 (9th Cir.1986) (dismissing appeal where appellant challenged district court's findings of fact but failed to provide any part of the trial transcript); cf. In re Ashley, 903 F.2d 599 , 603 n. 1 (9th Cir.1990) (refusing to consider whether an affidavit of nonservice undermined the district court's finding that…

This is precisely the situation the drafters of the 1985 amendment to Rule 83 sought to reach 5 See also Southwest Administrators, Inc. v. Lopez, 781 F.2d 1378, 1379-80 (9th Cir.1986) (dismissing appeal where appellant challenged district court's findings of fact but failed to provide any part of the trial transcript); cf. In re Ashley, 903 F.2d 599 , 603 n. 1 (9th Cir.1990) (refusing to consider whether an affidavit of nonservice undermined the district court's finding that…

In re Ashley, 903 F.2d 599 , 603 n. 1 (9th Cir.1990); Portland Feminist Women's Health Ctr. v. Advocates for Life, Inc., 877 F.2d 787, 789-90 (9th Cir.1989); Southwest Admin'rs, Inc. v. Lopez, 781 F.2d 1378, 1378-80 (9th Cir.1986); Thomas v. Computax Corp., 631 F.2d 139, 141 (9th Cir.1980). 1 12 In Portland Feminist Women's Health Ctr., appellant asked the court to review the district court's factual findings, but failed to provide a transcript relevant to the contested issu…

In re Ashley, 903 F.2d 599 , 603 n. 1 (9th Cir.1990); Portland Feminist Women’s Health Ctr. v. Advocates for Life, Inc., 877 F.2d 787, 789-90 (9th Cir.1989); Southwest Admin’rs, Inc. v. Lopez, 781 F.2d 1378, 1378-80 (9th Cir.1986); Thomas v. Computax Corp., 631 F.2d 139, 141 (9th Cir.1980). 1 In Portland Feminist Women’s Health Ctr., appellant asked the court to review the district court’s factual findings, but failed to provide a transcript relevant to the contested issues.

Thomas v. Computax Corp., 631 F.2d 139, 143 (9th Cir.1980); Southwest Admin., Inc. v. Lopez, 781 F.2d 1378, 1380 (9th Cir.1986); Brattrud v. Town of Exline, 628 F.2d 1098, 1099 (8th Cir.1980); Abood v. Block, 752 F.2d 548, 550 (11th Cir.1985).

Cf. Southwest Adm’rs, Inc. v. Lopez, 781 F.2d 1378, 1380 (9th Cir.1986) (appellant’s failure to provide the court of appeals with trial transcripts warranted dismissal of the appeal); Thomas v. Computax, 631 F.2d 139, 141 (9th Cir.1980) (appellant’s failure to order transcripts within the time required by Fed.R.App.P. 10(b) required dismissal of the appeal).

See, e.g., Greco, 859 F.2d at 13 1404 (holding that district court did not abuse its discretion by dismissing an appeal from the 14 bankruptcy court where the appellant failed to comply with court deadlines to procure requisite 15 transcripts despite repeated warnings that failure to comply would result in dismissal); Sw. 16 Administrators, Inc. v. Lopez, 781 F.2d 1378, 1380 (9th Cir. 1986) (“This circuit and other circuits 17 have held that failure to provide a trial transc…

Syncom Capital Corp. v. Wade, 924 F.2d 167, 169 (9th Cir.1991); Southwest Administrators, Inc. v. Lopez, 781 F.2d 1378, 1378-80 (9th Cir.1986).

"Based on this rule, we have held that failure to provide relevant portions of a transcript may require dismissal of the appeal." Syncom Capital Corp. v. Wade, 924 F.2d 167, 169 (9th Cir. 1991) (per curiam); accord, Southwest Admin'rs, Inc. v. Lopez, 781 F.2d 1378, 1378-80 (9th Cir. 1986); Thomas v. Computax Corp., 631 F.2d 139, 141 (9th Cir. 1980).

"Based on this rule, we have held that failure to provide relevant portions of a transcript may require dismissal of the appeal." Syncom Capital Corp. v. Wade, 924 F.2d 167, 169 (9th Cir.1991) (per curiam); accord, Southwest Admin'rs, Inc. v. Lopez, 781 F.2d 1378, 1378-80 (9th Cir.1986); Thomas v. Computax Corp., 631 F.2d 139, 141 (9th Cir.1980). 6 Here, Woolley argues the district court erred by entering directed verdict for the defendants. "[A] directed verdict is proper w…

See also Southwest Administrators, Inc. v. Lopez, 781 F.2d 1378, 1379-80 (9th Cir.1986) (dismissing appeal where appellant challenged district court's findings of fact but failed to provide any part of the trial transcript); cf. In re Ashley, 903 F.2d 599 , 603 n. 1 (9th Cir.1990) (refusing to consider whether an affidavit of nonservice undermined the district court's finding that a witness was unavailable where the appellant failed to include the affidavit in the record bef…

See also Southwest Administrators, Inc. v. Lopez, 781 F.2d 1378, 1379-80 (9th Cir.1986) (dismissing appeal where appellant challenged district court’s findings of fact but failed to provide any part of the trial transcript); cf. In re Ashley, 903 F.2d 599 , 603 n. 1 (9th Cir.1990) (refusing to consider whether an affidavit of nonservice undermined the district court’s finding that a witness was unavailable where the appellant failed to include the affidavit in the record bef…

See Southwest Adm’rs., Inc. v. Lopez, 781 F.2d 1378, 1380 (9th Cir.1986).

See, e.g., Southwest Adm'rs, Inc. v. Lopez, 781 F.2d 1378, 1380 (9th Cir. 1986) (citing Fed.