· 8/14/1984
Reverend W. Eugene Scott v. Evelle J. Younger
Citations
- 739 F.2d 1464
- 39 Fed. R. Serv. 2d 1295
- 1984 U.S. App. LEXIS 19577
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that a timely filed motion “tolls the running of the time limitations for filing the notice of appeal until the district court rules on the motion”
- addressing then-applicable 10-day period under 21 Rule 59(e) before statutory amendment expanded the period to 28 days
- denial of “request to ‘entertain’ a motion to vacate ... is interlocutory in nature and not appealable.”
- time period specified in Rule 59 \is jurisdictional and cannot be extended by the court\
- “Failure to timely file a notice of appeal must result in dismissal for lack of appellate jurisdiction.”
- “[I]f the district court’s order is construed as a denial of Scott’s request to ‘entertain’ the motion to vacate, that denial is interlocutory in nature and not appealable.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Choy, Skopil, Wilkins
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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