Dyotherm Corporation v. Turbo MacHine Company
DYOTHERM CORPORATION, Appellant, v. TURBO MACHINE COMPANY
Opinion
*66 OPINION OF THE COURT PER CURIAM:
Plaintiff appeals an order of the district court, 48 F.R.D. 380 , dismissing its complaint for lack of prosecution.
Defendant moves to dismiss the appeal on the ground that it is untimely. The district court’s order was entered on December 29, 1969. No notice of appeal was filed within 30 days thereafter. However, within the succeeding 30 days plaintiff filed what amounted to a motion for an extension of time to file a notice of appeal. It alleged excusable neglect. On February 25, 1970, the district court extended the time to file a notice of appeal until March 6, 1970. To the extent the extension exceeded 30 days, i. e., beyond February 27, 1970, it was a nullity. F.R.App;P. 26(b). No formal notice of appeal was filed by February 27, 1970. The appeal must therefore be dismissed unless, as plaintiff contends, its application for an extension of time for filing a notice of appeal can itself be considered such a notice. We think it cannot. After all, the' extension merely kept plaintiff’s options open. It gave notice of its intent to appeal when it filed its untimely notice on March 4, 1970.
The appeal from the order of the district court will be dismissed.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 18 cases
View all citing references →- U.S. Courts of Appeals9
- Federal District Courts3
- Bankruptcy Courts2
- State Highest Courts3
- State Appellate Courts1
Relies on it most ⓘ
- Selby v. Money
- Jacqueline Selph v. Council of the City of Los Angeles
- Shareholders Sheridan Broadcasting Corp. v. Sound Radio, Inc. Ta Wnjr, Radio 1430 Daniel E. Robinson Jerome J. La Penna, Esq
- Orbitec Corporation, Bankrupt. May McCormack v. Robert B. Schindler, Trustee
- Burdeshaw v. White
- Edward Moore v. W. Raymond Nelson, Warden, Federal Correctional Institution, Danbury, Connecticut
Most recent
- ENB Trust, individually and Assignee of YYB Trust v. Pantagis
- HICA EDUCATION LOAN CORP. v. Fielding
- William Alfred Harris v. Halycon Ballard, Director of State Personnel and Chairman of State Personnel Board, State Personnel Board
- Shareholders Sheridan Broadcasting Corp. v. Sound Radio, Inc. Ta Wnjr, Radio 1430 Daniel E. Robinson Jerome J. La Penna, Esq
- Shareholders v. Sound Radio, Inc.
- Snow v. Capitol Terrace, Inc.
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.