Continental Life and Accident Company v. Albert J. Doig

Ninth Circuit

Continental Life and Accident Company v. Albert J. Doig

443 F.2d 27, 1971 U.S. App. LEXIS 10160

CourtCourt of Appeals for the Ninth Circuit

DecidedMay 17, 1971

Docket23471_1

StatusPublished

Cited by2 cases

This text of 443 F.2d 27 (Continental Life and Accident Company v. Albert J. Doig) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Continental Life and Accident Company v. Albert J. Doig, 443 F.2d 27, 1971 U.S. App. LEXIS 10160 (9th Cir. 1971).

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Opinion

PER CURIAM:

Of the six points which appellant argues on appeal, we lack jurisdiction to consider the first five since, as to these points, the appeal is untimely. These five points pertain to past orders allowing counsel fees and litigation expenses which, under the circumstances of this case, were independently appealable long before the instant appeal was taken, but concerning which no appeals were taken.

The sixth point pertains to a provision in an order, dated June 3, 1968, distributing funds in the registry of the court, directing the retention of sums to pay certain judgments. We decline to consider this argument because the order of June 3, 1968, was presented by appellant and entered upon its request. There is no contention that the provision of that order giving rise to appellant’s sixth point was included by inadvertence. If any of the provisions of this order are improper, the error was invited.

Affirmed.

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PER CURIAM:

Of the six points which appellant argues on appeal, we lack jurisdiction to consider the first five since, as to these points, the appeal is untimely. These five points pertain to past orders allowing counsel fees and litigation expenses which, under the circumstances of this case, were independently appealable long before the instant appeal was taken, but concerning which no appeals were taken.

The sixth point pertains to a provision in an order, dated June 3, 1968, distributing funds in the registry of the court, directing the retention of sums to pay certain judgments. We decline to consider this argument because the order of June 3, 1968, was presented by appellant and entered upon its request. There is no contention that the provision of that order giving rise to appellant’s sixth point was included by inadvertence. If any of the provisions of this order are improper, the error was invited.

Affirmed.

Pic Realty Corporation v. John Evans, Receiver, the Vita Company, Vita Management Co., Vita Camelback Development Co., and Vita Baseline Development Co., and Losee's Restaurant Equipment & Supply Co., Intervenor-Appellant. Pic Realty Corporation v. Vita Management Company, and Losee's Restaurant Equipment & Supply Co., Intervenor

605 F.2d 476 (Ninth Circuit, 1979)

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443 F.2d 27, 1971 U.S. App. LEXIS 10160, Counsel Stack Legal Research, https://law.counselstack.com/opinion/continental-life-and-accident-company-v-albert-j-doig-ca9-1971.

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