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Villamor v. West

Flora C. VILLAMOR v. Togo D. WEST, Jr., Acting Secretary of Veterans Affairs

Villamor v. West, 11 Vet. App. 193 (Vet. App. 1998)
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Court
United States Court of Appeals for Veterans Claims · Federal Specialty Courts
Decided
February 24, 1998
Docket
No. 96-837
Judges
Farley, Greene, Holdaway, Ivers, Kramer, Nebeker, Steinberg
Citations
11 Vet. App. 1931998 U.S. Vet. App. LEXIS 1811998 WL 325214

Opinion of the Court — Per Curiam

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ORDER PER CURIAM:

On August 29, 1997, in a memorandum decision, the Court affirmed the Board of Veterans’ Appeals decision on appeal. On December 4, 1997, the Court denied the appellant’s motion for panel review. On Janm ary 27, 1998, the appellant filed an untimely motion for review by the full Court.

On January 28, 1998, the United States Court of Appeals for the Federal Circuit (Federal Circuit) received and filed the appellant’s Notice of Appeal (NOA). On February 4, 1998, this Court received the appellant’s NOA from the Federal Circuit, which had been mistakenly filed there. The Clerk of the Court has filed the appellant’s NOA on January 28, 1998, the date it was received and filed by the Federal Circuit.

Because the filing of the NOA seeking review in the Federal Circuit deprives this Court of jurisdiction over this case, see Cerullo v. Derwinski, 1 Vet.App. 195, 196 (1991) (“filing of an NOA confers plenary jurisdiction upon an appellate court”), the Court does not have jurisdiction to review the appellant’s untimely motion for review by the full Court.

Upon consideration of the foregoing, it is

ORDERED that the appellant’s untimely motion for review by the full Court is dismissed for lack of jurisdiction.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1998: 12002: 219982026peak 2002 · 2

Relies on it most ⓘ

  1. In re Bailey11 Vet. App. 348 (Vet. App. 1998)
  2. Sumner v. Principi15 Vet. App. 404 (Vet. App. 2002)
  3. Levi v. Principi16 Vet. App. 87 (Vet. App. 2002)

Most recent

  1. Levi v. Principi16 Vet. App. 87 (Vet. App. 2002)
  2. Sumner v. Principi15 Vet. App. 404 (Vet. App. 2002)
  3. In re Bailey11 Vet. App. 348 (Vet. App. 1998)

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.

Authorities cited 1

DepthCaseCited by
Cerullo v. Derwinski, 1 Vet. App. 195 (Vet. App. 1991) 57

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