Monday, October 26, 2009

Appeal Dismissed Because The Notice Of Appeal Was Filed One Date Late

In Michael Van Vliet v. Nurse Andrea Garrett (08-2035), the Eighth Circuit dismissed an appeal because the notice was filed one day late.  The court stated:
The District Court entered the order denying Van Vliet’s motion for reconsideration on March 17, 2008. Van Vliet filed his notice of appeal on April 17, 2008, thirty-one days later. We dismiss the appeal for lack of jurisdiction. See Fed. R. App. P. 4(a)(1)(A) (requiring parties to file notice of appeal within 30 days in most civil cases)


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