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 In Cumberland Mutual Fire Insurance Co. v. Express Products, Inc., Nos. 11-3919, 12-2155 (3d Cir. June 24, 2013) (unpublished opinion), the Third Circuit clarified that the 30 days commence when the district court enters judgment — not when it files a memorandum explaining the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

Please see full alert below for more information.

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

Written by:

Published In:

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.

© Schnader Harrison Segal & Lewis LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, 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.
×
Loading...
×
×