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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.