· 8/18/1992
Richard J. Nolan v. U.S. Department of Justice and United States of America, Acting Through Its Agency, Defense Investigative Service
Citations
- 973 F.2d 843
- 23 Fed. R. Serv. 3d 949
- 1992 U.S. App. LEXIS 19167
- 1992 WL 200024
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that although premature notice of appeal ripened when order adjudicating outstanding claims was filed, court lacked jurisdiction to -5- consider merits of subsequent order absent second notice of appeal or its functional equivalent
- explaining Lewis v. B.F. Goodrich Co., 850 F.2d 641 (10th Cir.1988)
- no appellate jurisdiction over the dismissal of a claim that was not mentioned in the notice of appeal
- premature notice of appeal which ripens at a later date confers jurisdiction only over orders existing at time notice of appeal was filed
- “We have never held . . . that the filing of a final order serves to ripen not only the previous premature appeal but also any subsequent appeals arising out of the same case.”
- applying Rule 3 to determine scope of premature appeal
Source: CourtListener parenthetical corpus (CC0).
Judges: Logan, Anderson, Theis
Read full opinion on CourtListenerSourced 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.