Marvel Worldwide, Inc. et al v. Kirby et al - The Appeal May Fail

Just a quick one for all and sundry - it would appear that the recent appeal in the Kirby Estate v Marvel might well fail, and fail on a technicality. According to the most recent filing from the court, dated the 30th of August 2011, the Kirby side failed to file the appeal properly. In a one page document the court advises that; A notice of appeal was filed on August 15, 2011. Appellant's Forms C and D were due August 29, 2011. The case is deemed in default. IT IS HEREBY ORDERED that the appeal will be dismissed effective September 13, 2011 if the forms are not filed by that date. If the forms are not filed, correctly, within a fortnight, then the appeal will be dismissed. It'd be a shame for the Kirby family to come this far only to have the appeal thrown out because somebody forgot to file the paperwork. Surely lawyer Marc Toberoff, who is no stranger to filing appeals (I've lost count of how many appeals he's filed in the Siegel v DC case), knew before