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

more+
less-

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 In Cumberland Mutual Fire Insurance Co. v. Express Products, Inc., Nos. 11-3919, 12-2155 (3d Cir. June 24, 2013) (unpublished opinion), the Third Circuit clarified that the 30 days commence when the district court enters judgment — not when it files a memorandum explaining the reasons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.”

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

more+
less-

Schnader Harrison Segal & Lewis LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×