Central Surety and Insurance Corp. v. George L. Tate

Fifth Circuit

Central Surety and Insurance Corp. v. George L. Tate

314 F.2d 836, 1963 U.S. App. LEXIS 5870

Court of Appeals for the Fifth Circuit·Decided March 14, 1963·No. 19969·Published

Opinion

PER CURIAM.

It appearing that the trial court entered a final order dismissing the complaint below on motion for summary judgment on November 13,1961, and that notice of appeal was not filed for more than seven months after the date of such judgment, this Court has no jurisdiction to consider the appeal.

Appellant’s motion, itself filed more than six months after the November 13th order could have no effect in the direction of extending the time for the filing of the notice of appeal.

The appeal is, therefore,

Dismissed.

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PER CURIAM.

It appearing that the trial court entered a final order dismissing the complaint below on motion for summary judgment on November 13,1961, and that notice of appeal was not filed for more than seven months after the date of such judgment, this Court has no jurisdiction to consider the appeal.

Appellant’s motion, itself filed more than six months after the November 13th order could have no effect in the direction of extending the time for the filing of the notice of appeal.

The appeal is, therefore,

Dismissed.

Central Surety and Insurance Corp. v. George L. Tate, 314 F.2d 836, 1963 U.S. App. LEXIS 5870 (5th Cir. 1963).

Pincite

314 F.2d 836 (Central Surety and Insurance Corp. v. George L. Tate) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.