Third Circuit Provides Guidance on Time for Filing a Notice of Appeal

Federal Rule of Appellate Procedure 4(a)(1)(A) states that a notice of appeal “must be filed with the district clerk within 30 days after entry of the judgment or order appealed from.” In Cumberland Mutual Fire Insurance Co. v. Express Products, Inc., Nos. 11-3919, 12-2155 (3d Cir. June 24, 2013) (unpublished opinion), the Third Circuit clarified that the 30 days commence when the district court enters judgment — not when it files a memorandum explaining the reasons for entering judgment.

The district court in Cumberland granted summary judgment to the plaintiffs on September 1, 2011, stating that “[t]he Court’s supporting memorandum is forthcoming.” The court issued the memorandum explaining its reasoning on September 22, 2011, under the title “Memorandum and Order.” The memorandum stated at its conclusion that “[a]n appropriate order follows.”

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Topics:  Appeals, Filing Requirements, Notice Requirements, Summary Judgment

Published In: Civil Procedure Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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