UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 96-31077
Summary Calendar
In The Matter of: PHIL H. NUGENT,
Debtor,
CARL A. DENGEL,
Appellant,
VERSUS
RESOLUTION TRUST CORPORATION, as receiver for Pelican
Homestead and Savings Association,
Appellee.
Appeal from the United States District Court
For the Eastern District of Louisiana
(96-CV-428)
April 4, 1997
Before WISDOM, KING, and SMITH, Circuit Judges.
PER CURIAM:*
Appellant Carl A. Dengel, trustee, appeals the district
court’s affirmance of the bankruptcy court’s decision. As an
*
Pursuant to Local Rule 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this opinion should not be published and is not precedent except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 Local Rule 47.5.4.
initial matter this court must consider a defect in petitioner’s
Notice of Appeal. The Notice of Appeal states that “Carl Dengel as
trustee of Phil Nugent wishes to appeal . . .” ,but in the district
court’s docket entry both Phil Nugent and Lillian Eccles Nugent are
listed as debtors. Also, petitioner’s brief to this court states
“Carl Dengel, as trustee for Phil & Lillian Nugent”. “A notice of
appeal must specify the party or parties taking the appeal by
naming each appellant in either the caption or the body of the
notice of appeal.”1 However, “[a]n appeal will not be dismissed
for informality of form or title of the notice of appeal, or for
failure to name a party whose intent to appeal is otherwise clear
from the notice.”2 In the circumstances of this case, we find that
the trustee intended to appeal on behalf of both Phil and Lillian
Nugent; therefore, we consider the merits of petitioner’s appeal.
We review the bankruptcy court’s findings of fact for clear
error and conclusions of law de novo.3 We have reviewed the record
and the briefs of the parties. For the reasons set forth in the
district court’s Order and Reasons, the judgment of the district
court is AFFIRMED.
1
Fed. R. App. P. 3(c).
2
Id.
3
In re: Delta Towers, Ltd., 924 F.2d 74, 76 (5th Cir.
1991); In re: Missionary Baptist Foundation of America, 712 F.2d
206, 209 (5th Cir. 1983).
2